Real Estate, Spatial Planning and Construction

Legal Due Diligence of Real Estate

Before purchasing land, an apartment, a house, or commercial premises, it is necessary to determine who is registered as the holder of rights, which restrictions or encumbrances exist, and whether the information contained in public registers corresponds to the actual situation.

Legal due diligence may include:

• review of the real estate cadastre and other relevant public registers;
• verification of registered ownership and other rights in rem;
• verification of mortgages, annotations, prohibitions, and other encumbrances;
• identification of easements, rights of way, and other restrictions;
• verification of data relating to the land parcel, building, and individual units within a building;
• comparison of cadastral records with the actual situation;
• verification of the legal chain of title of previous owners;
• review of agreements, administrative decisions, building permits, and other documents;
• verification of pending court, administrative, or enforcement proceedings;
• determination of whether the building has been registered and on what legal basis;
• assessment of whether the purchaser’s rights can be validly transferred and registered;
• identification of documentation that should be obtained before entering into the transaction.

Based on the review, the client receives an overview of identified legal risks and recommendations regarding the conditions under which the transaction may be concluded more securely.

Planning Documents and Development Potential

Ownership of land does not in itself mean that a building of the intended use and size may be constructed on the parcel. Development possibilities depend on the applicable spatial planning document, designated land use, utility connection requirements, and other restrictions.

The Law Office provides support in:

• determining which planning document applies to a particular parcel;
• verifying the designated use of the land;
• analysing the permitted type, use, and dimensions of the proposed building;
• reviewing building and regulation lines;
• determining conditions for access to a public road;
• assessing possibilities for connection to public utilities and infrastructure;
• identifying protection zones and other restrictions;
• obtaining extracts and information from planning documentation;
• submitting initiatives for the amendment or adoption of planning documents;
• representing owners and investors in procedures for the preparation or amendment of planning documents;
• submitting comments and proposals during public consultation procedures;
• legal analysis of responses issued by competent authorities to submitted comments.

Property and Ownership Relations Concerning Land

Unresolved ownership, co-ownership, access to a parcel, or discrepancies between public records and the actual situation may prevent or significantly delay the obtaining of permits.

Legal support includes:

• regulating co-ownership relationships;
• partition and dissolution of co-ownership;
• obtaining consents from co-owners;
• regulating rights to build on land owned by another person;
• establishment of easements;
• resolving access to public roads;
• contractual regulation of rights of way and rights to install infrastructure;
• regulating relationships between landowners and investors;
• obtaining rights to use land required for construction;
• resolving boundary disputes;
• harmonising the actual situation with public records;
• representation in administrative, non-contentious, and civil proceedings.

Location Conditions

Location conditions determine the requirements for the design and construction of a proposed building. Before submitting an application, it is necessary to verify the applicable planning basis, the applicant’s legal interest, and the documentation required to accompany the application.

The Law Office provides support through:

• assessing whether the proposed development may be constructed;
• determining the competent authority;
• preparing and submitting applications;
• obtaining the required documents and approvals;
• communication with competent authorities and public utility companies;
• monitoring the obtaining of infrastructure connection requirements;
• legal review of special conditions imposed by competent institutions;
• responding to requests for supplementary documentation;
• review of issued location conditions;
• appeals or other legal remedies against unfavourable decisions;
• monitoring deadlines and the validity period of issued acts.

Design and Technical Documentation

Design and technical documentation constitute the professional and technical component of an investment project, but their content must comply with planning documents, location conditions, and statutory requirements.

Legal support may include:

• agreements with designers and other professionals;
• verification of licences and authorisations of engaged professionals;
• defining contractual deadlines and liability;
• aligning designers’ obligations with location conditions;
• contractual arrangements for review of technical documentation;
• regulation of copyright and proprietary rights relating to design documentation;
• legal assessment of design changes during construction;
• issues of liability for design defects;
• coordination of legal matters with licensed designers, surveying organisations, and other professionals.

The Law Office does not undertake technical design or supervision work, but provides legal structuring of the relationships between investors and authorised professionals.

Building Permit

Construction may commence after a building permit has been obtained, unless the law provides a different regime for particular types of work. The application must be based on an appropriate legal right to the land and accompanied by the prescribed documentation.

The Law Office provides support in:

• verifying the investor’s legal basis;
• determining the competent authority;
• preparing and submitting the application;
• reviewing the documentation accompanying the application;
• obtaining evidence that property and ownership relations have been resolved;
• legal review of agreements and consents;
• responding to requests for supplementary documentation;
• monitoring decision-making deadlines;
• analysing the content of the issued building permit;
• appealing against the decision or individual conditions contained in the permit;
• representing interested parties whose rights may be affected by construction;
• monitoring the commencement and duration of validity of the permit.

Fees, Land Development Charges and Building Land

Implementation of an investment project may involve payment of charges relating to the development of building land and the advantages associated with a particular location. Their calculation may significantly affect the overall project value.

The Law Office provides support in:

• analysing the legal basis for calculating charges;
• verifying the floor area and designated use applied in the calculation;
• reviewing the applicable zone and other calculation elements;
• assessing the possibility of reductions or exemptions;
• negotiating the method and schedule of payment;
• concluding agreements with local government authorities;
• appealing against decisions determining charges;
• initiating administrative disputes;
• seeking reimbursement of improperly or excessively paid amounts where a legal basis exists.

Construction Contracts

Construction projects involve multiple participants whose obligations must be clearly allocated. The contract should define the scope of works, price, deadlines, method of calculation, quality control, and consequences of delay or defects.

The Law Office drafts and reviews:

• construction contracts;
• contracts with contractors and subcontractors;
• design agreements;
• professional supervision agreements;
• project management agreements;
• agreements for the performance of individual phases of works;
• contracts for the supply of construction materials and equipment;
• joint investment agreements;
• agreements between landowners and investors;
• project financing agreements;
• agreements for the sale of future individual units within a building.

Particular attention is given to deadlines, changes in the scope of works, additional and unforeseen works, handover, contractual penalties, guarantees, and liability for defects.

Legal Relations During Construction

During construction, disputes may arise concerning delays, design changes, additional works, the quality of completed works, and payment of the agreed price.

Legal support includes:

• interpretation of contractual rights and obligations;
• documenting delays and other breaches of contract;
• preparation of notices, warnings, and claims;
• analysis of construction logs, interim payment certificates, and other documentation;
• negotiations between investors, contractors, and supervising engineers;
• legal assessment of additional and unforeseen works;
• claims for extensions of time;
• enforcement of contractual penalties and claims for damages;
• termination of contracts;
• calling on contractual guarantees and other security instruments;
• preparation of documentation for court proceedings and expert examination.

Deviations from the Approved Design and Amendments to Permits

Changes during construction may require amendments to technical documentation, location conditions, or the building permit. Works should not continue before the legal consequences of a deviation have been assessed.

The Law Office provides support in:

• comparing the approved design with the works actually performed;
• determining the legal significance of a proposed change;
• assessing whether the existing permit must be amended;
• preparing applications and supporting documentation;
• obtaining new approvals;
• communication with designers, supervising engineers, and competent authorities;
• responding to findings of the construction inspectorate;
• bringing completed works into compliance where legally permissible.

Technical Inspection and Occupancy Permit

Upon completion of construction, it is necessary to determine whether the building has been constructed in accordance with the building permit and technical documentation and whether it satisfies the conditions for safe use.

Legal support includes:

• reviewing documentation required for technical inspection;
• preparing and submitting an application for an occupancy permit;
• communication with the competent authority and inspection commission;
• legal support in remedying identified deficiencies;
• submissions concerning observations made by the commission;
• monitoring supplementation of documentation;
• legal analysis of the administrative decision;
• appeals against decisions of the competent authority;
• coordination of subsequent steps for registration of the completed building.

Legalisation of Unauthorised Buildings

The possibility of legalisation depends on the date of construction, the type and intended use of the building, planning requirements, its location, and other statutory conditions. Before submitting an application, it is necessary to determine the applicable legal regime and whether any obstacles to legalisation exist.

The Law Office provides support through:

• assessing whether a particular building may be legalised;
• determining the date or period of construction;
• reviewing cadastral and orthophoto data;
• verifying the legal status of the underlying land;
• obtaining the consent of owners and co-owners;
• determining the required technical and other documentation;
• preparing and submitting the application;
• communication with competent authorities;
• responding to requests for supplementary documentation;
• analysing assessed charges;
• pursuing legal remedies against unfavourable decisions;
• continuing registration procedures after completion of legalisation.

Not every unauthorised building is eligible for legalisation, and the applicable conditions must therefore be assessed individually.

Subdivision and Regulation of Parcel Boundaries

Subdivision or consolidation of parcels is often required for construction, sale, division of property, or compliance with planning documentation.

Legal support includes:

• assessing conditions for subdivision;
• regulating relationships between owners and co-owners;
• obtaining the required consents;
• legal coordination with licensed surveying organisations;
• review of agreements and documents forming the legal basis for the change;
• registration of changes in public records;
• resolution of disputes concerning boundaries and parcel areas;
• representation in administrative, non-contentious, or civil proceedings.

Condominium Division and Registration of Individual Units

Condominium division regulates legal relationships relating to apartments, commercial premises, garages, and other individual units within a building, as well as their relationship with common parts of the building and the underlying land.

The Law Office provides support in:

• verifying the legal status of the building and land;
• determining whether the conditions for condominium division are met;
• obtaining consents from owners and co-owners;
• preparing agreements on division or condominium ownership;
• coordinating the preparation of technical and surveying documentation;
• regulating rights relating to common parts of the building;
• registering individual units and the rights of their owners;
• correcting incorrectly recorded information;
• resolving disputes between condominium owners.

Registration of Buildings and Property Rights

An issued building or occupancy permit does not always automatically result in complete and accurate registration of the building and the owner’s rights. Registration requires the administrative decisions, surveying documentation, and documents establishing acquisition of rights to be appropriately linked.

The Law Office provides support in:

• reviewing documents suitable for registration;
• preparing applications for registration;
• registering newly constructed buildings;
• registering individual units within buildings;
• registration, amendment, or deletion of ownership rights;
• registration of mortgages, easements, and other rights in rem;
• harmonising information concerning owners, parcels, and buildings;
• correcting errors in public registers;
• appealing against decisions of competent authorities;
• initiating administrative or court proceedings where a disputed right cannot be resolved before an administrative authority.

Purchase and Sale of Real Estate

Before signing an agreement, the legal status of the property, the identity and authority of the seller, the payment arrangements, and the possibility of registering the purchaser’s rights should be verified.

The Law Office provides support through:

• legal due diligence of the property and seller;
• preparation of reservation agreements or preliminary agreements;
• drafting and review of sale and purchase agreements;
• regulation of deposits, advance payments, and other payments;
• defining conditions for payment of the purchase price;
• obtaining consents and mortgage release documentation;
• coordination with banks where the purchase is financed through a loan;
• regulating handover and transfer of possession;
• submitting applications for registration of the purchaser’s rights;
• legal support in cases involving defects or non-performance of the agreement.

When purchasing a property under construction, particular attention is given to the investor’s rights to the land, permits, design documentation, completion deadlines, the method of registration of the future individual unit, and security available to protect the purchaser.

Lease and Property Management

Properly structured lease arrangements reduce the risk of disputes concerning the use of premises, maintenance, investments, and termination of the lease.

Legal support includes:

• drafting and review of lease agreements;
• regulation of the duration and termination of the agreement;
• rent, utility costs, and other payments;
• deposits and security instruments;
• investments made by tenants in the premises;
• maintenance and liability for damage;
• subleasing and assignment of use;
• handover and return of premises;
• recovery of unpaid rent;
• termination of the agreement and recovery of possession of the property.

Construction and Urban Planning Inspection

Inspection proceedings may be initiated during construction or use of a building. Timely action is important because inspection measures may include suspension of works, orders to remedy irregularities, or other measures prescribed by law.

The Law Office provides support through:

• review of inspection reports and other inspection acts;
• attendance during inspections;
• preparation of submissions and provision of documentation;
• assessment of identified irregularities;
• communication with designers, contractors, and supervising engineers;
• compliance with ordered measures;
• appeals against inspection decisions;
• applications for suspension of enforcement;
• initiation of administrative disputes;
• representation in misdemeanour and other related proceedings.

Expropriation and Restrictions on Property Rights

Construction of public infrastructure may require complete or partial expropriation of real estate, establishment of easements, or other restrictions on property rights against fair compensation.

The Law Office provides support in:

• analysing acts establishing the public interest;
• representation in expropriation proceedings;
• determining the scope of rights being acquired or restricted;
• negotiations concerning agreed compensation;
• judicial proceedings for determination of compensation;
• obtaining expert valuations and assessments;
• pursuing compensation for land, buildings, and other resulting losses;
• protection of rights where possession is taken before compensation has been determined;
• claims arising from de facto expropriation where land has been put to public use without prior completion of the prescribed expropriation procedure.

Administrative and Court Proceedings

Where a legal issue cannot be resolved through a properly submitted application or agreement between the parties, the Law Office provides representation in the appropriate administrative or court proceedings.

Representation may include:

• appeals against first-instance administrative acts;
• proceedings arising from administrative silence;
• applications for suspension of enforcement;
• initiation and conduct of administrative disputes;
• disputes concerning ownership and other rights in rem;
• interference with possession;
• boundary regulation and division of real estate;
• disputes arising from construction contracts;
• disputes between investors, contractors, designers, and supervising engineers;
• damages claims and remedies for defects;
• enforcement of court and administrative decisions.

When to Contact Us

You may contact us before purchasing land or a building, before commencing an investment project, during procedures for obtaining location conditions and permits, or where relationships with designers, contractors, and other construction participants need to be legally regulated.

Legal support is particularly important where cadastral records do not correspond to the actual situation, property and ownership relations remain unresolved, an application has been refused, a building deviates from the approved permit, or inspection proceedings have been initiated.