already in force | In Principle

On 7 January 2023, provisions came into force in Poland amending the rules for determining the value of real estate in the case of adoption of a local zoning plan after a “planning gap.” Will they affect property owners, and to what extent?

The introduction of an electronic construction daily log is the next step in the digitalisation of the construction process.

Over the past decade, Polish lawmakers have taken many efforts to adapt the functioning of businesses in legal transactions to the current technological realities. We have witnessed the launch of electronic registration of companies, as well as the transfer of much of the National Court Register’s activity to the web. More changes are planned for the coming years.

On the Polish energy market, the recent months will be remembered for many reasons. Historically high electricity and natural gas prices have forced changes to a number of established practices. During the crisis, several mechanisms have been created to mitigate its effects—primarily high utility prices. Among other things, a cap on the price of electricity sold to selected end users is being introduced. We now briefly examine whether the Act on Emergency Measures to Restrict Electricity Prices and Support Certain Consumers in 2023 is likely to live up to its name.

High energy prices are greatly impacting economies around the world. Recognising the state of crisis, the European Union is introducing a number of amendments to the law to mitigate the effects of high electricity prices. In Poland, support instruments are governed by the Electricity Price Act and are intended to benefit electricity end users such as households and SMEs. Thus for companies it is crucial to assess their own size.

As of 29 June 2022, the rights and obligations under three types of decisions issued under the Public Roads Act can be transferred to another entity. These are decisions permitting the location or reconstruction of an exit from a public road; placement of devices and advertising in a right of way; or occupation of a right of way for purposes not related to construction, reconstruction, repair, maintenance or protection of roads.

After July 2022 amendments to the law, companies can now benefit from crowdfunding. As usual, the devil is in the details.

A major new element has recently emerged in real estate transactions in Warsaw. As of March 2022, the City of Warsaw obtained a pre-emptive right to purchase all properties in the revitalisation area designated by Resolution LX/1967/2022 of the Warsaw City Council. This area includes almost all of the Praga Północ district and large parts of Praga Południe and Targówek.

On 24 August 2022, without any grace period, Art. 15r1 of the COVID special act ceased to apply. In Polish public procurement, this means a repeal of the ban on deducting contractual penalties and claiming them from a performance bond, which had been in effect since 24 June 2020.

As of 17 June 2022, insurance companies in Poland have been given effective tools for assessing insurance risks in the form of access to information on fines and penalty points. Analysis of this additional data may prompt insurers to raise premiums for some drivers.

Until the end of April, contracting authorities in Poland have time to add to their procurement documentation and competition terms and conditions new mandatory grounds for exclusion of contractors included in the sanctions list or whose beneficial owner or parent company is on the list.

Recent amendments to the AML/CFT Act regarding obligated institutions and reporting of beneficial ownership information to the Central Register of Beneficial Owners have expanded the catalogue of obligated institutions and introduced specific requirements they have to meet.