Newsletter Real Estate Law – 05/2025

In the latest issue, among others:

• Amendment to the act on spatial planning and development – government announces further changes

The amendment to the Act on Spatial Planning and Development came into force, which provides, among other things, for the extension of the validity of existing studies on the conditions and directions of spatial development of municipalities until June 30, 2026.

In connection with the change in the date of entry into force of the new provisions, another amendment concerning spatial planning was announced on May 5, 2025.

• Amendment to the construction law – new version of the project

On April 24, 2025, the Ministry of Development and Technology published an updated version of the draft amendment to the construction law aimed at simplifying and accelerating procedures.

• Increasing popularity of apartment rentals through online portals in poland

Individuals not conducting business activity offer short-term rental of apartments through platforms providing such services. The duration of the rental, terms, and other formalities are handled through the platform, which also collects the rent on behalf of the owner, charges a commission, and transfers the obtained funds to the landlord. When an individual offers several apartments in this way, the question may arise as to how such income should be taxed – whether it can be classified as private rental income or whether such individuals should register as conducting business activity.

In the latest edition of the legislative updates, Barbara Hornowska, a Trainee Attorney-at-Law in the Real Estate Team at Sadkowski and Partners.

Our expert pointed out that:

• Amendment to the Act on Planning and Spatial Development and Certain Other Acts, was signed by the President on April 16, 2025, and entered into force on May 7, 2025.
• The amendment to the Act on the protection of the rights of buyers of residential premises or single-family houses and the Developer Guarantee Fund and the Act on competition and consumer protection, was submitted to the President and the Speaker of the Senate on April 25, 2025.
• The draft act on special rules for the preparation and implementation of strategic and key investments in the field of national defense and public security and the establishment of protection zones for certain closed areas, was submitted to the Sejm on April 18, 2025, and referred for first reading to the Committee on Administration and Internal Affairs and the Committee on National Defense.