Tax & Legal Highlights for Real Estate – January 2020
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1. New approach to reserving a contractual penalty
On 16 January 2020, the Warsaw City Council adopted the so-called landscape resolution which sets out the rules for placing advertisements in the urban space and for placing fences and small architectural objects. The rules adopted in the resolution are important for property owners and managers as the resolution specifies, among other things, the rules of using large format advertising nets covering windows. Such installations may be placed only on scaffolding and only during renovation or construction works on the building facade. The maximum period of installation of such advertising is 9 months and it may be placed once every 5 years. In case of non-compliance with the established rules, the resolution provides for the possibility of charging a daily penalty fee.
2. Construction Law amendments
On 1 January 2020 another amendment to the Construction Law entered into force. The legislator has extended the list of documents to be attached to the application for a building permit. Currently, in the case of radio-communication installations, the designer shall make a statement confirming this installation does not meet the conditions referred to in the regulations on investments that may significantly impact the environment. In addition, under the Act of 16 October 2019 amending the Act – Environmental Protection Law and several other acts, an investor shall attach to the application for the building permit a designer’s statement on the possibility of connecting the designed building to the existing district heating network, made under pain of criminal liability for making a false declaration.
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