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Real Estate

  • Real estate transactions
  • Real estate development projects
  • Legal and tax due diligence
  • Financing of real estate transactions
  • Commercial leases

Fields of Expertise > Real Estate

Real Estate

Real estate is one of the areas in which we assist with a comprehensive range of issues. We advise on all types of projects for the sale and financing of the sale of real estate; we handle the legal and tax aspects of real estate transactions and domestic and cross-border projects, and assist in the day-to-day management of real estate portfolios. Our clients include owners and administrators of buildings, developers, and construction companies.

Real estate due diligence

The specific risks associated with investing in real estate and selling residential, commercial or industrial properties mean that a solid legal strategy and a special financial analysis are needed. For this reason, JDP lawyers conduct legal due diligence to identify any risks arising in the project or transaction in question.

A project in which land is acquired for real estate trading is strictly related to civil law, construction law, and zoning conditions. Moreover, it requires the skilful application of available solutions to ensure the security of construction projects, such as land and mortgage registers.

Advice at all stages – from planning to commercialisation

It is equally important, especially when it comes to construction projects, to devise an appropriate strategy and structure for the entire project. In this regard, JDP lawyers regularly create effective frameworks for collaboration on joint ventures.

Providing legal advice to address the legal and tax aspects of acquisition and sale of retail, commercial, industrial, or logistics properties is just the first stage in the process; legal and tax issues will also arise when it comes to commercialisation and operation.

Real estate financing

Financing is a critical element of real estate deals, and thus we advise all parties to a financing agreement involving a loan, and this includes in cross-border projects. Another common form of financing on which we often provide advice is property lease agreements.

1. Real estate transactions:

  • Advising a German capital group on the sale of a chain of over 100 retail facilities to the largest discount store operator in Poland;
  • Advising a German capital group on the sale of a chain of nearly 20 supermarkets to a French retail group;
  • Advising a German investment company on the purchase of real estate located in Warsaw for a development project involving the construction of a complex of collective residential units;
  • Advising a French capital group on the implementation of joint venture development projects with foreign and domestic investors;
  • Advising a U.S. capital group acting as the seller on the sale of a manufacturing and warehouse property;
  • Advising a German capital group acting as the seller on the sale of a number of office and industrial properties;
  • Advising a Hong Kong-based investment fund on a global takeover of a French hotel group, including the acquisition of a chain of several hotels located in Poland.

2. Performance of investment projects:

  • Advising a German manufacturer of premium vehicles, acting as the investor, on the expansion of a regional distribution centre serving vehicle dealers in Central and Eastern Europe, including purchase of land, and conclusion of a general contractor’s services agreement and other agreements in the construction process, and logistical support for the warehouse, combined with assistance when implementing the project;
  • Advising a Swedish supplier of road safety equipment, acting as the investor, on construction of an industrial plant with a hot-dip galvanising process line, including conclusion of land acquisition agreements, technology supply (hot-dip galvanising process line), a general contractor’s services agreement, and other agreements in the construction process, combined with assistance when implementing the project;
  • Advising a Dutch packaged food manufacturer, acting as the investor, on the construction of an industrial plant in the Kostrzyń-Słubice Special Economic Zone, including assistance in the tender procedure and negotiations of a general contractor’s services agreement with two bidders;
  • Advising a manufacturer of prefabricated elements, acting as the investor, and the general contractor on an exchange of industrial real estate, combined with a general contractor’s agreement for the construction of an industrial and warehouse facility;
  • Advising a German industry investor, acting as the investor, on the construction of a facility producing foundations for offshore wind farms in a Polish port located on the coast in Western Pomerania as a joint venture with an industry investor and an investment fund, including the acquisition of land located in the port, and assistance with negotiating the investment agreement and with concluding agreements with contractors;
  • Advising a German FMCG sector group, acting as the investor, on reconstruction and development of a production plant.

3. Legal and tax due diligence:

  • Advising a Hong Kong-based investment fund on a global acquisition of a French hotel group, including conducting a legal due diligence of a chain of several hotels located in Poland;
  • Conducting a legal due diligence for a German capital group on a retail facility portfolio in connection with obtaining financing;
  • Conducting a legal due diligence for a French capital group in connection with the acquisition of real estate for residential projects;
  • Conducting a legal due diligence of Polish companies of a German premium vehicle manufacturer in connection with the acquisition of real estate for car showrooms, maintenance and repair points, and vehicle service points;
  • Conducting a legal due diligence for a French capital group on the acquisition of real estate for mixed-use development projects;
  • Conducting a legal due diligence of real estate for manufacturing and industrial clients relating to construction of new manufacturing and industrial facilities as part of greenfield investment processes.

4. Financing of real estate transactions:

  • Advising a borrower on the cross-border refinancing of a portfolio of retail facilities located across Poland, financing value: EUR 51 million;
  • Advising a borrower on the refinancing of a portfolio of 16 retail parks located across Poland, financing value: EUR 25 million;
  • Advising one of the borrowers under a consortium agreement on the restructuring of cross-border financing of a portfolio of real estate located in the United Kingdom, Germany and Poland, project value: approximately EUR 115 million;
  • Advising a buyer on the financing of the acquisition of an office building complex in Wrocław, project value: approximately EUR 30 million;
  • Advising a buyer on the financing of the acquisition of an office building complex in Warsaw, project value: approximately EUR 20 million.

5. Commercial leases:

  • Advising a German premium vehicle manufacturer, acting as the lessor, on the construction of a logistics and warehouse building with an area of approximately 30,000 square meters in a built-to-suit formula, including participation in a tender procedure and negotiation of a long-term lease agreement covering the construction of a logistics and warehouse facility according to specifications;
  • Advising a Belgian capital group, acting as the lessor, on the long-term lease of a production building with an area of approximately 26,000 square meters in a built-to-suit formula, including participation in a tender procedure and negotiation of a long-term lease agreement covering the construction of a logistics and warehouse facility according to specifications;
  • Advising a British manufacturer of dietary supplements on the conclusion of a lease agreement for manufacturing and warehouse space of approximately 20,000 square meters;
  • Advising a German capital group, acting as the lessor, on the management of a lease portfolio of commercial space in large-scale facilities and free-standing facilities;
  • Advising a German investment fund on the management of a lease portfolio of office and retail space;
  • Advising a German investment company on the conclusion and termination of real estate lease agreements and on sale and leaseback transactions.
Maciej Chrzan, LL.M. - Radca prawny (Attorney-at-law) | Partner - JDP Law Firm

Maciej Chrzan, LL.M.

Radca prawny (Attorney-at-law) | Partner
Michał Urbański - Adwokat (Attorney-at-law) | Counsel - JDP Law Firm

Michał Urbański

Adwokat (Attorney-at-law) | Counsel

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