Real estate property law

We support all phases of investment processes related to infrastructure and real estate.

Realization of investments

• We represent clients in administrative and court proceedings in the field of construction law
• We prepare, draft opinions on, and negotiate construction works contracts, agreements with general contractors, subcontractors, substitution agreements and many others
• We draft and supervise contracts, keeping the FIDIC contract templates
• We advise on investment processes, starting with the investment location and ending with the commercialisation of investment
• We support investors in obtaining investment financing
• We provide assistance in conservation and revitalisation projects, and in acquiring documentation for investments of a historic nature

Building law, monument protection (legislation)

• We participate in legislative works on construction law
• We provide opinions on legislative changes in the field of railway law
• We support legislative processes in the area of preparing new financing solutions for the protection of monuments in Poland
• We prepare analyses related to the support of investors who invest in historic buildings

Infrastructure projects

• We participate in legislative works on construction law
• We provide opinions on legislative changes in the field of railway law
• We support legislative processes in the area of preparing new financing solutions for the protection of monuments in Poland
• We prepare analyses related to the support of

Real estate transactions

• We participate in legislative works on construction law
• We provide opinions on legislative changes in the field of railway law
• We support legislative processes in the area of preparing new financing solutions for the protection of monuments in Poland
• We prepare analyses related to the support of investors who invest in historic buildings

Spatial planning

We advise on the preparation of spatial planning processes and real estate development
• We support investors in the processes related to local spatial development plans
• We assist with processes related to environmental decisions, circulation and land transformation
• We support investors in the process of obtaining the outline planning permission
• We prepare the legal basis for the development of planning concepts and designing of urban spaces by investors

Real estate and industrial property (revitalization)

• We analyse the legal status of post-industrial areas
• We support investors in the construction or upgrading of large industrial plants
• We provide legal support in terms of the preparation, validation and implementation of revitalisation of industrial areas and decommissioning of industrial infrastructure
• We advise on investment processes in post-industrial areas

Water management

• We support investors investing in coastal and port areas
• We issue opinions on and support legal investments within the administrative boundaries of seaports, including strategic investments
• We handle processes involving the regulation of the commercial use of seawaters and inland waters
• We participate in legislative works on inland waters and seawaters

Energy law

• We investigate the legal status of energy infrastructure
• We support investors in investment processes related to the construction of energy sources and infrastructure
• We draft and negotiate agreements for the purchase of energy companies or energy assets, and agreements for the supply of utilities
• We provide legal assistance in the field of construction of power connections
• We represent clients before regulators in proceedings dealing with concessions, tariffs and performance of their obligations to energy entrepreneurs

Entrusting services of general economic interest (SGEI)

• We provide comprehensive support in the field of research and preparation of the process of entrusting services of general economic interest (SGEI)
• We support clients in negotiations with public entities entrusting the SGEIs
• We prepare the required legal expertise and opinions, as well as documents in the processes of entrusting the SGEIs
• We coordinate the activities of economic advisers involved in the process of entrusting the SGEIs, and participate in the negotiations and setting of the conditions for providing the SGEIs

Public procurement

• We advise entities involved in procurement procedures – contracting authorities and contractors alike – in the proper preparation and conduct of the procedures
• We prepare opinions on public procurement law
• We represent clients in public procurement procedures, and we also support the execution of contracts concluded in the tendering procedure
• We represent clients in public aid proceedings before the President of the OCCP, the national authorities, courts and the European Commission.
• We support entrepreneurs and public authorities in interpreting and applying public aid rules. We advise on rules and risks related to public aid and performance of agreements
• We provide comprehensive handling of appeal procedures within the scope of the Public Procurement Law

Financing real estate investments

• We develop transaction concepts and financing structures of real estate investments
• We draft, issue opinions on and negotiate credit agreements and bond issue agreements
• We support local authorities in preparing investment financing instruments
• We perform legal analysis of security documentation and financial support for investors
• We provide advice on the obligations arising from the financing documentation

Public-private partnership in the real estate sector

• We evaluate the investment projects based on the solutions stipulated by the Act on public-private partnership.
• We draft, negotiate and issue opinions on PPP agreements
• We advise on the implementation of agreements concluded in the PPP formula

Repatriation and perpetual usufruct

• We advise former owners of nationalised real estate, their successors and current owners
• We provide legal assistance in matters related to real estate rendered in perpetual usufruct
• We handle proceedings with regard to the law on the transformation of perpetual usufruct into the right of ownership
• We advise on issues related to the sale of agricultural real estate

A new district in the heart of Gdańsk

The LSW activities included legal services for the investment project, the long-term development plan for the property located on the island. The uniqueness of the project was primarily the character of the area - the port areas and brownfields located in the city center, and the size and intended use (almost 20 acres with a view to create a new urban space).

Ownership of land underwater

The help the LSW lawyers offered involved determining the possibility of acquiring rights to land underwater, where the water is state-owned. On behalf of the Client, who was established in the Baltic Sea port, LSW established the legal and factual exercise of rights to land underwater in the context of their complicated location, under the flowing waters, are the internal sea waters, which are excluded from the market, and located in the port (special regulations), internal marine waters of the Gulf of Gdansk, which are regulated separately.

The National Museum

LSW represents the National Museum in administrative and judicial proceedings against the Museum, in the case regarding the recovery of the land constituting the park Krolikarnia by its former owners. This place is one of the most respected scientific and cultural places in Warsaw.

Trading and distribution of electricity and licensed activity

The scope of action undertaken by  LSW in this case consisted of a comprehensive legal analysis of the licensed activity performed by the Client involving the trading and distribution of electricity, in the context of a complex legal situation of these networks in itself. The Client, while performing a licensed service, was not the owner of the network, through which the licensed activity was done.  The LSW lawyers’ help was based mainly on the possibility of cessation of licensed activity despite the legal public obligation the Client had.

Stadium in Rzeszow

LSW experts prepared a legal analysis of possible forms for the Rzeszow City Municipality to facilitate the use of the City Stadium, built in result of a project co-financed by the EU, to others. It was necessary to fully abide by the laws of public aid and the particular level of investment financing. 

Baltic Arena Gdańsk

LSW represents Energomontaz South SA (EP) in a dispute over the construction of a football stadium for Euro 2012 in Gdansk. The problem considered by the courts in a number of processes is the relationship with one of the subcontractors with which EP has terminated the contract and demanded penalties because of delays. The amount in dispute exceeds 60 million.

BASF catalysts Plant

LSW provides legal services to the chemical company BASF on a project involving the construction of the largest catalyst factory in the world. The duties of the LSW lawyers were primarily construction issues: participation in negotiations and full legal support of the investment process for a project worth several hundred million zlotys. They assisted the clients in negotiating and concluding contracts for general construction work, the related security agreements, EPC type contracts with suppliers of production line equipment, contracts with engineers and supervision inspectors, etc.

Investment project in the Warsaw city center

LSW participated in an investment project in the Warsaw city center - the acquisition of land worth tens of millions of zlotys and organizing financing the of investment for a developer with international capital, with the participation of investment funds. The project included an analysis of due diligence and full support for purchasing land for the construction of a Class A office building in the city center, including the negotiation with the sellers and the project co-financiers.

Investment Group in the steelworks and shipyard industries

The LSW law firm was the adviser in a project to optimize the use of post-production assets, realizing technological parks and preparing investments – concept to revitalize and utilize approximately 20 hectares in the city center and building a new 3 hectare factory in the city center.

Realization of investments

Handling an investment process

For our client operating in the real estate development sector, we are handling an investment process from the concept stage to commissioning of the finished facility.

Building law, monument protection (legislation)

A concept for legislative changes for the Ministry of Culture and National Heritage

Acting on behalf of the Ministry of Culture and National Heritage, we developed a concept for legislative changes within the scope of obligations of the owners/holders to keep historic buildings well maintained.

Infrastructure projects

Handling an investment process

We provided comprehensive legal services to an international transport and shipping company with regard to an investment involving the construction of a road-rail intermodal terminal constituting a transport link between Western Europe and the East.

Legal advice in the area of road investments

LSW lawyers prepared specialist legal opinions and conducted legal consultations for a road transport and shipping company with regard to an investment involving the construction of a transport hub connecting investment areas – intended for a shipping and logistic park – with a national road managed by the General Directorate for National Roads and Motorways.

Support for a transport company

We supported a company from the rail transport sector in connection with its ongoing provision of transport services (in terms of freight shipments) using a wide-gauge railway line.

Real estate transactions

Exploring investment opportunities and checking the legal status

Acting on behalf of our clients, we conducted processes related to exploring investment opportunities. We prepared a series of reports and analyses on investment opportunities and risks.

Establishing and regulating the real estate legal status           

We undertook activities related to the regulation of the real estate legal status, in particular in terms determining the status, establishing the land and mortgage registers, and making changes to the existing entries in the existing land and mortgage registers for major industrial clients.

Analyses and opinions on determining the real estate legal status

The firm prepared legal documents, including opinions, analyses and conclusions to the extent necessary to regulate the real estate legal status.

Regulating the legal status of non-standard assets

The LSW lawyers dealt with regulating the legal status of such non-standard assets as a ramp, a dry dock, blast furnaces and equipment for steel rolling.

Disputes on the real estate legal status

The firm recommended the course of legal proceedings and handled the proceedings in terms of easement, regulation of borders, artificial attachments and disputes on the content of the register entries. We also represented clients in disputes on the legal title to the real property.

Preparation of contracts, advising on the sale and purchase of real estate

The firm prepared and handled sales transactions of office buildings, as well as industrial and investment lands.

Preparing the real estate for sale

The firm provided legal support in the process of preparation for a contribution-in-kind of the real estate to a special purpose vehicle in order to implement an investment consisting in the construction of wind towers, preparation for the spin-off of a part of the plant in order to sell it, or the spin-off of the real estate in order to sell the contribution-in-kind to a developer dealing with the regulation of the legal status of the land.

Water management

Regulating the legal status of the non-standard real estate

The firm had the pleasure to represent its clients in court cases on the ownership of land under sea waters (an isolated matter worldwide), and deriving benefits on this account, and to negotiate with a sea port in terms of the use and maintenance of sea waters. The firm advised on the regulation of the legal title to the bridges (private fixed and moveable bridges).

Energy law

Legal advice in the area of construction and overhauls

The firm advised clients in the construction of power connections for large enterprises in the chemical and industrial sectors, and the implementation of projects consisting in the construction of energy sources. LSW also advised clients on projects involving overhauls of equipment for the production of electricity.

Determination of the legal status of companies in the energy and rail sectors

We prepared legal analyses commissioned by the companies in the railway and energy sectors within the scope of determining the legal status and ownership structure of the energy infrastructure necessary for the operation of railway lines.

Public procurement

Public procurement in the railway sector

The LSW lawyers assessed tender procedures related to the operation permit for equipment designed to handle rail traffic, and also successfully represented clients before the National Board of Appeal.

Public procurement in the renewable energy sector

The LSW lawyers prepared specialist legal opinions and conducted consultations involving public procurement of innovative solutions in the area of renewable energy. They supported the contracting authority throughout all the stages of the proceedings, including the preparation of tender documentation.

Public procurement in the marketing and market services sector

The LSW team successfully represented a client before the National Board of Appeal in the proceedings – involving entities dealing with market surveys and opinion polls – related to the award of a public contract, whereby the competitor whose bid had been selected offered an abnormally low price.

Public contracts in the area of defence and security

The LSW experts advised a client in tenders organised by the Polish Army, concerning, among others, the creation and integration of communications and IT equipment and software (including special and satellite communications), used, inter alia, by the Navy, Land Forces and the Border Guard, and successfully represented the client before the National Board of Appeal.

Public procurement in the steel production sector

The LSW team provided comprehensive legal advice at the stage of implementation of public procurement agreements under a framework agreement (disputes with the contracting authority). They represented a contractor in disputes with other contractors at the stage of implementation of public procurement agreements, including the execution of agreements with consortium members, subcontractors and other business partners.

Public procurement in the healthcare sector

LSW drafted documents related to conducting procurement procedures (e.g. the Terms of Reference), including for the supply of drugs and medical devices, as well as laboratory equipment worth over EUR 207,000, and developed purchase procedures and the rules for the tender committee works, planning, documenting and reporting on public procurement. The LSW lawyers successfully represented the client in proceedings before the National Board of Appeal and in the proceedings before the President of the Public Procurement Office involving the results of an ad hoc control.

Public procurement in the event industry

LSW successfully represented an event agency in the procedure on the “Comprehensive organisation of the Opening Ceremony of the 10th edition of the World Games 2017.”

Public procurement in the transport sector

The LSW lawyers prepared specialist legal opinions and conducted consultations in relation to the tenders organised, e.g. by the General Directorate for National Roads and Motorways. They also represented the entity before the National Board of Appeal.

Procurement for IT and telecommunications

The LSW team repeatedly supported a contractor in public procurement procedures. They also undertook ad hoc tasks, including at the final stage of the procedure, which ended with a selection of another entity’s bid. In this case, our support resulted in the cancellation of the procedure by the contracting authority, including the selected bid, thanks to which the contractor avoided having to lodge an appeal before the National Board of Appeal.

Financing real estate investments

Developing an investment system for the Ministry of Culture and National Heritage

Acting on behalf of the Ministry of Culture and National Heritage, we created a conceptual framework for works carried out in terms of the development of a system of investment financing involving a commercial development of historic properties. We compared the British model – the National Trust – in terms of financing of monument protection and investments concerning immovable monuments.

Public-private partnership in the real estate sector

PPP projects

Our lawyers have years of experience in cooperation with entities of public administration (Ministry of Infrastructure and Development, General Directorate for National Roads and Motorways) in terms of the preparation and evaluation of solutions within the scope of the Act on the public-private partnership.

Public aid in the postal sector

 The LSW team cooperated with Poczta Polska S.A. (Polish Post) within the scope of evaluation of possible investment projects based on the solutions stipulated by the Act on public-private partnership.

Investments within the scope of PPP

The LSW lawyers have experience in the implementation of strategic projects within the framework of public-private partnership, including the construction of road and highway investments, and line investments for the General Directorate for National Roads and Motorways and the Agency for Motorway Construction and Operation.

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