Construction Law

We have been advising construction and development companies for many years. For this reason, we have a wealth of experience in dealing with cases involving a wide range of construction law. We offer comprehensive legal assistance in the preparation and implementation of a construction project at every stage - starting with the analysis of the legal status of the property and the acquisition of rights to the property and obtaining the required permits or other administrative decisions, and during the course of the construction work, until the building is put into use and handed over to tenants or lessees.

In the event of construction defects, purchasers of a property have a number of claims against the developer on the basis of which they can enforce their rights. One of these is the possibility to obtain compensation for construction defects.

Some construction defects take several years to become apparent from the moment the property is taken over from the developer. These must be distinguished from operational defects, i.e. those caused by the use of the property, in particular improper use.

To the dispute with the developer may occur at any stage of the implementation of the concluded development agreement and on the basis of its various provisions. Therefore, it is very important to draft it properly and, at the absolute minimum, to read it before signing it.

In case of any doubt as to its content or misunderstanding of individual provisions, it is worthwhile to consult the solicitor's advice. This will save stress and misunderstandings with the developer for the future. If, on the other hand, a dispute with the developer is already unavoidable, it is a good idea to have experienced advisers by your side.

Obtaining a zoning decision is the basic and initial stage of a construction project involving the construction of a single-family residential building to be carried out in an area where no local zoning plan is in force. It must be obtained by both the individual investor and the developer.

In addition, to obtain a decision on development conditions requires a project involving a change in the development of the site - i.e. primarily the construction of a building or any other construction work, as well as a change in the use of all or part of the building.

Passing the administrative road, which culminates in receiving the building permitsis sometimes tedious and time-consuming. It requires the submission of a number of documents to the authority before which the administrative proceedings are conducted: from a construction design to a declaration of the right to use the property for construction purposes.

Any irregularities or inaccuracies must be rectified on request by the authority. Otherwise, instead of a permit allowing construction work to proceed, we may receive a decision refusing to approve the construction project and to grant a permit conditioning the commencement of construction work.

On 29 April 2012, the following entered into force Act of 16 September 2011 on the protection of the rights of the purchaser of a dwelling or a detached house. The Act comprehensively regulated the relationship between the developer and the purchaser of a dwelling or detached house, and specified what provisions must be included in the content of the development agreement.

Typically, prior to the conclusion of a contractThe developer provides the prospective client with the model contract that he uses. It is very important to familiarise oneself with the template, even if one is in a hurry to conclude a contract. Only if you understand the provisions that are to be binding on you can you protect yourself from the adverse legal consequences of a contract concluded in haste.

Defects do not only appear in so-called second-hand dwellings. This also happens with new flats - purchased directly from the developer. Houses, flats and sometimes entire housing estates built by developers are not free of defects. Some can be spotted immediately during the finishing work, others only during the furnishing of the flat.

Some appear quickly, others only after many months. Clogged drains, cracked walls, defectively inserted windows or doors are just some of them. Some "only" detract from the aesthetics of the dwelling, while others, more serious, effectively prevent its use.

The proceedings in which we most frequently undertake to protect the rights and interests of our clients and the areas in which we advise relate to: