The real estate practice involves comprehensive legal and tax advisory in all matters related to development, use, and transactions of real estate.

Our clients include investment funds, financial institutions, property management entities, developers, as well as key participants in the construction process (architects, supervisory inspectors, and contractors) and private investors (both domestic and foreign entities).

Our team has extensive experience in providing advisory services for real estate projects across all key sectors of the market. We handle residential, office, industrial, logistics, PRS (Private Rented Sector), shopping centers, student housing, hotels, aparthotels, and renewable energy-related real estate projects.

In each project, we leverage the unique experience our team has gained from advising on hundreds of transactions where real estate has been a key asset or subject of the transaction. We advise sellers, buyers, and financiers (institutional entities, industry players, private individuals, and businesses for whom such transactions are not their core business). We provide comprehensive support for each investment, starting from spatial planning analysis, legal and tax audits, negotiation of agreements with architects, inspectors, and contractors, to managing the legal aspects of the investment process, culminating in the final investment settlement.

Our real estate team cooperates daily with financial analysts within the Sadkowski and Partners group on transactions related to financing or refinancing property acquisitions, transactions where real estate serves as the primary collateral, and M&A transactions where real estate is a key asset. This provides us with a profound understanding of the business and financial aspects of real estate projects.

We represent our clients in administrative and court-administrative proceedings related to property development and obtaining necessary permits. We have experience in negotiating with public administration bodies and media managers. Effectively, we represent our clients in all disputes and negotiations related to property development (including disputes with other participants in administrative proceedings, neighbour agreements), disputes related to investment implementation, and disputes related to real estate market transactions (both in terms of sales and lease agreements or property leases).

The lawyers of Sadkowski and Partners effectively support parties in real estate transactions and also successfully represent clients in disputes arising from construction contracts, lease agreements, or tenancy before general courts. Legal support from our lawyers also includes representation before public administration authorities and in administrative court proceedings as part of the investment process.

Our advisory services are not limited to legal and tax aspects related to real estate. Through close cooperation with other entities within the Sadkowski and Partners group and our partners, we can offer our clients professional support in areas requiring specialised knowledge, such as construction supervision and technical conditions of buildings (cooperating with top architects, experienced supervisory inspectors, and individuals who have held managerial positions in public administration in the field of construction), environmental protection (physical property inspections and analysis of the factual and financial consequences of identified pollution), financial analysis, and real estate valuation (for any projects related to financing or asset valuation).

In the real estate practice area, we provide comprehensive legal and tax services, including in particular:

Real estate due diligence, within which:

  • we examine the potential development of the property, taking into account zoning restrictions, construction law regulations, and all administrative aspects related to the client’s intended construction investment,
  • we analyse complex legal states of the property, verify the validity of the legal title to the property, absence of hidden encumbrances, and rights of third parties, 
  • we also assess existing and potential neighbour disputes,
  • we conduct, along with specialists from the intellectual property law team, copyright analysis of project documentation,
  • together with specialists from the tax law team, we examine tax aspects relevant to the acquisition, sale, and commercialisation of the property,
  • we have experience in due diligence for large property portfolios or packages of lease agreements within one or several locations.

Transactional advisory services within which:

  • we develop structures for the acquisition and sale of real estate (in the forms of asset deals, share deals, as well as complex formulas such as forward purchase and forward funding), considering legal, financial, and tax aspects,
  • we prepare and negotiate transactional documentation (from confidentiality agreements and letters of intent through term sheets to preliminary, conditional, promised, and conveyance agreements),
  • we design structures utilising instruments such as escrow, notarial deposits, and other notarial and non-notarial securities,
  • together with specialists from the mergers and acquisitions team, we advise on M&A transactions where real estate is a key element, including joint venture formulas,
  • we advise clients on complex tender procedures, both in terms of comprehensive organization of such sales processes (for private entities, state-owned companies, and municipal companies) and in participating in various tender and auction processes,
  • we have unique experience in real estate acquisition transactions within insolvency and restructuring procedures, which we carry out in cooperation with specialists from the Insolvency and Restructuring practice, as well as the dedicated company within the group – SiW Restructuring Advisors.

Advisory services in the area of property development and investment within which:

  • we advise clients at every stage of administrative proceedings related to obtaining decisions, permits, and opinions necessary for investment implementation, as well as negotiating agreements with public administration authorities,
  • we represent and advise on matters related to spatial planning and development acts,
  • we create and negotiate key agreements regulating the investment process (design works agreements, construction works agreements, substitute investment agreements, project management/construction management agreements),
  • we provide ongoing support throughout the investment process, participating in key meetings, negotiations, disputes, and assisting in settlement processes with all investment participants.

Advisory services in the area of real estate commercialisation within which:

  • we create the necessary legal documentation for conducting development projects (such as informational prospectuses, reservation agreements, development agreements, preliminary agreements),
  • we create and negotiate documentation related to financing development projects and escrow accounts,
  • we create and negotiate lease agreements for office, commercial, and logistics facilities, and advise on establishing and implementing security measures for such agreements.

Disputes concerning real estate within which:

  • we represent clients in all legal, including securing, arbitration, administrative, and enforcement proceedings related to the implementation of construction projects,
  • we represent clients in disputes related to property title or possession (including decree cases, cases concerning reconciliation of land registers with the actual legal status, determination cases, adverse possession cases, reimbursement of expenses cases, and cases related to real estate transactions),
  • we represent clients in proceedings related to the transformation of perpetual usufruct into ownership and proceedings related to the determination or termination of perpetual usufruct fees,
  • we provide advice in complex disputes within housing cooperatives,
  • we provide advice in neighbour disputes (especially in the areas of nuisance, infringement of personal rights, and boundary disputes).

Tax advisory services regarding real estate within which:

  • we advise on choosing the appropriate tax structure for the acquisition, disposal, and commercialisation of real estate assets,
  • we issue tax opinions and seek tax interpretations covering the effects in terms of personal income tax (PIT), corporate income tax (CIT), and value-added tax (VAT) for planned real estate transactions,
  • we advise on the classification of assets as construction objects for tax purposes,
  • we advise on the identification and refund of overpaid real estate tax,
  • we advise on the depreciation of commercial and residential real estate used in business activities,
  • we represent clients in tax proceedings related to real estate tax and represent them before the relevant administrative courts.

The lawyers specialising in real estate law, as experienced professionals in this field, assist clients in smoothly navigating through transactional and investment processes in the real estate market. Whether you are planning to buy or sell a property, need support during the construction process, or require legal and tax advice in the area of real estate law, contact us!


28.06.2024 / Successes

Victory before the Supreme Administrative Court in the case of the building conditions decision

27.06.2024 / Successes

We advised on the acquisition of real estate on the Vistula Spit

11.06.2024 / Successes

We advised on the private debt financing of part of the purchase price of the Resi Capital S.A. group company

27.05.2024 / Successes

We advised Alides Polska and Aya Properties Fund on the acquisition of the Metron office building in Warsaw

10.05.2024 / Successes

We advised Alides Polska on the acquisition of a property on Jana Kazimierza Street in Warsaw

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