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Real Estate

Poland

Our Real Estate and Construction practice, with 30 lawyers specialising in property law, is one of the largest among law firms operating in Poland. Our practice acts for a wide range of real estate investors, such as insurance companies, pension funds, property companies and property funds, as well as commercial and residential developers, in relation to a wide range of development projects. We also act for retailers and other occupiers of commercial, office and warehouse space.

The team is quick, effective, business-minded, flexible and proactive.
Chambers Europe, 2016

We assist our clients at every stage of the real estate investment process from preparing the investment through project execution, development and management to the sale. For over 20 years we have successfully developed our practice by gaining valuable experience in numerous projects and transactions on the real estate market. Our property lawyers enjoy the reputation of leading specialists in the region, advising in all aspects related to real estate.

We are consistently recommended by independent international reviewers (Chambers and Legal 500). Our services include: acquiring/selling properties, property investments, lease agreements, construction projects, development, property dispute resolution, finance and leasing, planning, and environment.  

Our team has a reputation as one of the leading real property practices in CEE with extensive experience in a number of issues related to the real property and construction sector.

We like the dependability and punctuality of CMS. We can also openly discuss any issues with the team and receive solutions and a comprehensive service.
Chambers Europe, 2016

We have excellent specialists in environment protection and a number of specialists who advise on the largest real property transactions. With in-depth knowledge of the commercial real property market in CEE we have advised on the largest real property transactions in the region.

Our lawyers specialise in providing advice to foreign investors, able to conduct negotiations and draft documents in Polish, German, English and Russian.

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01 June 2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
13 May 2021
Sig­ni­fic­ant amend­ments in ob­tain­ing per­mits dur­ing the in­vest­ment pro­cess...
Amend­ments to the reg­u­la­tions on ob­tain­ing de­cisions on en­vir­on­ment­al con­di­tions and oth­er in­vest­ment de­cisions, in­clud­ing new rights for en­vir­on­ment­al or­gan­isa­tions. More chal­lenges ahead for in­vestors...
10 May 2021
CMS ad­vises on an­oth­er RES trans­ac­tion in Po­land
In­ter­na­tion­al law firm CMS ad­vised Nor­we­gi­an en­ergy com­pany Equi­nor on the pur­chase of 100% of shares in the Pol­ish com­pany Wento, which de­vel­ops photo­vol­ta­ic and wind pro­jects, from En­ter­prise In­vestors...
29 April 2021
CEE Green­field Guide
CEE coun­tries have at­trac­ted sig­ni­fic­ant for­eign dir­ect in­vest­ment in green­field op­er­a­tions in re­cent years. In­deed, many man­u­fac­tur­ing busi­nesses have fo­cused on ex­pand­ing ca­pa­city in CEE coun­tries...
28 April 2021
Chal­len­ging bond calls on in­ter­na­tion­al pro­jects: Eng­lish courts vs Emer­gency...
A re­cent de­cision of the Eng­lish Com­mer­cial Court has re­fused an ap­plic­a­tion for an in­junc­tion re­quir­ing a be­ne­fi­ciary un­der an on-de­mand bond to with­draw its de­mand and re­frain from mak­ing fur­ther de­mands...
06 April 2021
EU is­sues draft of Di­git­al Mar­kets Act aimed at cre­at­ing a new and fair...
The European Com­mis­sion has pub­lished a draft pro­pos­al for a new com­pet­i­tion law frame­work for large on­line plat­forms, called the Di­git­al Mar­kets Act (DMA). The Com­mis­sion pro­posed the DMA due to the...
24 March 2021
Care homes in Po­land
1. Which laws ap­ply to open­ing care homes? lower-ro­manSo­cial Wel­fare Act;Reg­u­la­tion of the Min­is­ter of So­cial Policy on the is­su­ance and with­draw­al of per­mits to con­duct com­mer­cial activ­ity in the scope...
Comparable
11 February 2021
New tax rules for real es­tate hold­ing com­pan­ies in Po­land
On 1 Janu­ary 2021 new rules on tax­a­tion of real es­tate hold­ing com­pan­ies entered in­to force. Ac­cord­ing to these new reg­u­la­tions “real es­tate com­pan­ies” will be sub­ject to ad­di­tion­al tax bur­dens. 1...
10 February 2021
CMS ad­vises on a high-pro­file theatre build­ing in prime loc­a­tion in Po­land
CMS ad­vises on the con­struc­tion of a build­ing com­plex that will ac­com­mod­ate the TR Warsz­a­wa Theatre and the Mu­seum of Con­tem­por­ary Art. The pro­ject is be­ing de­veloped at Plac De­fil­ad, loc­ated in the im­me­di­ate...
09 February 2021
BAT con­clu­sions for large com­bus­tion plants an­nulled – What next?
On 27 Janu­ary 2021 the Gen­er­al Court of the European Uni­on de­clared the so-called BAT con­clu­sions for large com­bus­tion plants an­nulled. It is worth con­sid­er­ing what this rul­ing really means and what it...
14 January 2021
The rise of the glob­al ex­pert ser­vices prac­tice: Court of Ap­peal guid­ance...
A Court of Ap­peal de­cision earli­er this week has up­held an in­junc­tion gran­ted by the TCC pre­vent­ing an in­ter­na­tion­al ex­pert ser­vices firm from act­ing for more than one party to an in­ter­na­tion­al con­struc­tion...
15 December 2020
Five years after Hua­wei ZTE FRAND li­cens­ing ob­lig­a­tions again be­fore the...
On 26 Novem­ber 2020, the Düs­sel­dorf Re­gion­al Court an­nounced that it would sus­pend a pat­ent in­fringe­ment pro­ceed­ing and refer key ques­tions on com­puls­ory li­cens­ing of stand­ard es­sen­tial pat­ents (SEP)...