Spatial-Planning - Real Estate Law Firm

Spatial Planning

Who Are Our Clients?

For many years, we have been assisting both individuals and professional entities operating in the real estate market in obtaining decisions on building conditions. We have successfully represented clients before the Supreme Administrative Court, following two prior refusals and an unfavorable ruling by the administrative court.

Has Your Property Lost Value?

If your property has decreased in value following the adoption of the local spatial development plan or if you can no longer use it as before, our task is to help you obtain compensation or repurchase of the property.

Since in many cases there is no previous local plan before the new one is adopted, it is important to know how to find a reference point and whether there has indeed been a deterioration in the property’s conditions justifying a claim for compensation or repurchase. It is also worth remembering that planning claims are subject to limitation periods; for repurchase and compensation, this period is 6 years (or 3 years in the case of business activity). A shorter 5-year limitation period applies to compensation claims following the sale of property affected by adverse planning conditions.

Municipal Abuse

We represent property owners during the development of local spatial development plans and, in cases of abuse of planning authority by the municipality, we challenge these plans in administrative courts. Demonstrating abuse of planning authority is a very difficult but possible task under certain conditions, which is why it is advisable to seek the support of an experienced legal representative. Procedural errors can also occur during the adoption of local spatial development plans.

If your property is designated for public use in the plan, our role is to support you during negotiations with the municipality or at the stage of expropriation, ensuring that you receive compensation corresponding to the market value.

we resolve disputes

Unfortunately, not all cases can be resolved amicably, and many end up in court. During litigation, it is valuable to have the support of an experienced legal advisor, as some procedural errors cannot be corrected, and today nearly every property is worth at least several hundred thousand PLN. However, it is important to remember that even during court proceedings, cases can be settled amicably, which can save the disputing parties a significant amount of time and reduce the risk of losing. Our role is to assess the risks associated with the litigation and, depending on the outcome, either continue the dispute (if the parties refuse to reach an agreement) or strive for a settlement (when there are risks of losing).