Category: News

We wish you a very special Christmas – full of joy, warmth and a unique family atmosphere.
We also thank you for another year of business and ask for more!

We would like to thank representatives of the RES industry for the opportunity to have breakfast together, combined with discussion and exchange of common experiences.
Among other things, we talked about the challenges of non-normative transports, land leases, relations with the local community and local government. We also discussed the most recent draft windmill law amendment.

See you at the next meetings!

Significant changes are coming to the Commercial Companies Code regarding the offer to acquire  shares in a limited liability company.

The ban applies to both existing and new shares.

As of November 10, it will not be possible to attract investors by, among other things, organizing business breakfasts, incubators or startup events. Such activities, however, are still open to:

– sole proprietorships (JDG),

– partnerships,

– joint stock companies,

– simple joint stock companies.

After the above-mentioned regulations come into force, it will be prohibited to:

– making offers to acquire shares in a limited liability company,

– promoting the acquisition of shares in a limited liability company,

– making offers to acquire new shares in a limited liability company.

The law also introduces criminal provisions related to this change.

Violation of the ban is punishable by a fine, restriction of freedom or imprisonment for up to six months.

On September 13, the Law of July 13, 2023 on Special Solutions for Regulating the Status of Certain Public Roads enters into force.

The law allows municipalities to acquire property on which public roads are located, subject to the following conditions, among others:

1) the municipality must have possessed the road for a minimum of 20 years on the effective date of the law,

2) the road must be paved and used as a public road of local importance,

3) not classified as public roads,

4) vehicle and pedestrian traffic is carried out on it,

5) they supplement the network of roads serving local needs,

6) functionally should be similar to public roads,

7) should be connected to public roads,

8) must be used by an unspecified number of users.

The administrative decision is issued by the district governor and applications for their acquisition can be submitted until December 31, 2035.

The first sweeping change provided for by the amendment is a change regarding the value of the subject matter of the dispute in cases decided by district courts.

Prior to the amendment, Article 17 indicated, among other things, that the jurisdiction of district courts included cases: for property rights, where the value of the subject of the dispute exceeds seventy-five thousand zlotys, with the exception of cases for alimony, for violation of possession, for the establishment of property separation between spouses, for reconciliation of the content of the land and mortgage register with the actual legal status, and cases heard in electronic writ of payment proceedings.

As of July 1:

– the jurisdiction of district courts includes cases of property rights whose value exceeds one hundred thousand zlotys,

– additionally, cases for reconciliation of the content of the land and mortgage register with the actual legal state – which will thus go to the district court – have been removed from the exclusions.

The amendment introduces, in particular, among other things:

• replacement of the study of land use conditions and directions with a general plan,
• a time limit for zoning decisions of 5 years,
• urban planning register.
  We will keep you informed of the further developments of the amendment.

In a judgment dated May 11, 2023 (ref. P 12/18), the Constitutional Court ruled, among other things, that:

Article 22(5)(3) of the Act of July 23, 2003 on the protection and care of historical monuments (Journal of Laws of 2022, item 840), to the extent that it restricts the right of ownership of real estate by allowing real estate to be included as a monument in the communal  register of monuments, without providing the owner with a guarantee of legal protection against such restriction, is inconsistent with Article 64(1) and (2) in connection with Article 31(3) of the Constitution of the Republic of Poland.

The verdict means that the legislator should modify the regulation concerning, in particular, the procedure for creating a communal register of monuments, so as to give property owners the opportunity to challenge an entry in the register.

The justification states that: “The inclusion of real estate in the communal register of historical monuments causes significant restrictions, in particular with regard to the exercise of the right of ownership (ius utendi) involving the obligation to agree with the provincial conservator of historical monuments on decisions on determining the location of a public purpose investment, decisions on development conditions, decisions on construction permits, decisions on demolition permits and decisions on the approval of a construction project (cf. Act of March 27, 2003 on spatial planning and development [Journal of Laws of 2022, item 503, as amended] and Act of July 7, 1994. – Construction Law [Journal of Laws of 2023, item 682, as amended]). (…) Article 22(5)(3) of the Law on the Protection of Monuments, as interpreted by the courts, is not necessary for the protection of the public interest, and its effects are not in acceptable proportion to the burdens imposed on property owners.

The weakening of property protection, by excluding the owner’s participation in the proceedings resulting in the entry of real estate in the municipal register of monuments, does not serve any constitutionally legitimate values.”