We advise Polish and foreign entities on their investment activity in the real estate sector, with particular focus on advice concerning transactions, the investment process and commercialisation. We facilitate the conclusion of all types of real estate sale/purchase agreements including:
- real estate sale agreements,
- the establishment of perpetual usufructs,
- tenancy agreements,
- lease agreements,
- insuring legal title to real property,
- intermediate agreements,
- agreements with general contractors and agreements with architects.
We also specialise in offering comprehensive advice on joint venture transactions, as regard developing our Clients’ real estate portfolios, and greenfield-type investments. SSW’s lawyers have facilitated and advised complex infrastructural projects concerning the development or modernisation of public utility facilities throughout the whole of Poland.
Transactions in the real estate market
We offer comprehensive advisory services concerning the acquisition or disposal of real property. Our services include:
- the development of maximum-efficiency legal and tax structures for transactions,
- due diligence,
- determining and organising the legal status of real property and companies,
- preparing and issuing opinions on transaction documentation and negotiating with financial institutions as regards the financing and settlement of transactions.
We also facilitate real estate portfolio restructuring transactions, in particular transactions for the sale or acquisition of functioning office buildings (including lease-back transactions), warehouse buildings and shopping malls. We advise in the course of administrative proceedings concerning the acquisition of investment real property and during reprivatisation proceedings concerning the impact of the so-called Warsaw Decree and the nationalisation of property. We have considerable experience with REIT-type funds and in implementing infrastructural investment on the basis of the PPP (public and private partnership) structure. We advise Clients on the implementation of new office, warehouse and retail projects. We have extensive experience in establishing real property holdings and in coordinating the comprehensive legal servicing of projects, in particular by identifying and eliminating risks regarding their implementation and by recommending legal structures which best achieve the desired goals. We assist in the preparation of documentation necessary to conduct a public offering (IPO, SPO) concerning applications to permit the trading of shares in real estate entities on the regulated trading market (Stock Exchange).
We prepare and negotiate tenancy agreements for retail, office and warehouse space, representing both landlords and tenants. Many of our clients are developers and investment funds. We advise owners of commercial properties and also facilitate the management of existing tenancy agreements. We analyse existing tenancy agreements and offer advice on possible cost optimisation.
- Advising on an international sale-and-lease-back transaction concerning warehouse buildings owned by an international company
- Preparing contracts for the acquisition and leasing of land comprising a petrol station owned by one of the world’s largest energy corporations
- Providing legal advice, including due diligence, to a large German investment group in connection with transactions to acquire real estate for a planned commercial development
- Providing advice throughout an investment process, including conducting proceedings and obtaining a decision on environmental constraints, in respect of a shopping mall in Kielce
- Representing a client in coordination with the City of Poznań in respect of implementation of the “Brama Zachodnia” investment, including issues concerning the amendment of the local area development plan
- Representing a client in compensation proceedings concerning roads compulsorily purchased by the Capital City of Warsaw
- Providing ongoing legal advice to one of the largest and most renowned clothing brands in Europe, in its capacity as tenant of over 100 locations in Poland
- Providing comprehensive legal services to a developer during the commercialisation of over ten shopping centres in Poland, including preparation and negotiation of lease agreements with so-called anchor tenants from the clothing, food and entertainment sectors
In the 2016 Legal 500 EMEA ranking, SSW was recognised the Real Estate and Construction area.
In the 2015 Legal 500 EMEA ranking, SSW was recognised the Real Estate and Construction area.
In the 2017 Chambers Europe ranking, SSW was recognised in the Real Estate / Construction area. According to Chambers, the practice is experienced in assisting developers and construction companies with all aspects of infrastructure projects. The sectors covered include energy, telecommunications, transport and waste management. The ranking highlights that SSW also provides assistance with property-related disputes. Artur Michalski is the key contact for clients.
In the 2016 Chambers Europe ranking, SSW was recognised the Real Estate / Construction area. According to Chambers, the team is renowned for supporting construction companies, investment funds and developers. According to clients interviewed by Chambers The firm demonstrates a flawless understanding of both our business and legal needs, and consistently proposes workable, practical and sensible solutions. The lawyers' proactive approach enables us to avoid potential commercial difficulties.
In the 2015 Chambers Europe ranking, SSW was recognised the Real Estate / Construction area. According to Chambers, the team is renowned for its extensive experience in infrastructure projects, and is recommended and valued for depth and complexity of the lawyers' knowledge.
In the 2014 Chambers Europe ranking, SSW was recognised the Construction area. According to Chambers, the team is renowned for its extensive experience, and Dr Maciej Kruś was recognised as Up and Coming