Real Estate

Real Estate Due Diligence

Real estate due diligence is one of the most common service our real estate attorneys provide. We research and draft reports on risks related to i.e.:

legal titles (ownership, perpetual ususfruct)
encumbrances (mortgages, liens, servitudes etc.)
master planning and spatial conditions
conservation conditions
construction conditions
environmental conditions
lease, tenancy and contractual risks
third parties claims (incl. reprivatization claims)
property taxes and fees

Real estate research and due diligence projects are related to lands, buildings, operating plants, operating commercial and industrial properties. Real estate investors, real estate funds, construction and development companies, .

Transactions and contracts on real estate

Real Estate is all about contracts - buying, leasing, using, constructing, demolishing, dividing - all those simple actions entail necessity of signing numerous contracts. Team of commercial attorneys of Dudkowiak Kopeć & Putyra advices, drafts and represents on e.g.: Transactions in real estate: structure of transaction in assets as well as share deals pre-contracts, final contract and ancillary contracts Contracts in real estate construction process Contracts in real estate development process Commercialization of real estates (leasing contacts) The services include advisory, drafting of contracts and representation in negotiations and closing of the transactions.

Lease of real estate

Construction and development of real estate

Construction and development team provides comprehensive legal advisory and representation to the companies participating in real estate construction process, including real estate development companies. Construction and development team of Dudkowiak Kopeć & Putyra advices on e.g.: Administrative procedures in real estate construction incl. Polish construction law (building permits, conditions of building), environmental conditions, waste and water-legal permits. Agreements in construction investment process: agreements between investors, general contractors, contractors, subcontractors, consortium agreements design works and architect’s on-site services agreements, investment supervision agreements, Agreements in real estate development process (inlc. customer agreements) Financing of construction and development projects Disputes in construction and development (incl. arbitration)

Real estate litigation

Disputes in real estate happen more then often. Experienced litigators even say that construction and development belongs to most dispute-generating sectors due to its complex nature and interbreeding conflicting interests. Dudkowiak Kopeć & Putyra litigators: advice how to manage the disputes in real estate represent in the settlement negotiations and advice on the strategy of negotiations represent in the litigation and arbitration court cases advice how to secure claims in litigations represent in enforcement procedures involving tendering of real estate advice and represent in disputes with vast group of counterparties incl.: players in the construction process landlords - tenants buyers - sellers in b2b transaction byers - sellers in consumer transaction represent in cases of usucaption, lien and mortgages establishment, as well as in cases of property inheritance or expropriation

Taxes in real estate

Despite the fact that in real estate business the general taxation rules apply, there are some fields that are of utmost significance for Real Estate Companies. Our tax advisors:

advice on real estate transaction tax effects, incl. Civil Transaction Tax on purchase of real estate (CTT)
advice on Property Tax and (PT) ususfruct fees (UF)
advice on Corporate Income Tax (CIT) incl. amortization
advice on Value Added Tax (VAT)
advice on Transfer Pricing (TP) on intercompany transactions advice on international taxation of software development business (e.g. withholding tax (WHT) on license fees)
advice on incentives for investment in Special Economic Zone (SEZ)