The right of ownership constitutes one of the fundamental rights protected under the Constitution. Pursuant to Article 21(1) of the Constitution of the Republic of Poland of 1997, the Republic of Poland shall protect ownership and the right of succession.

This principle serves as the basis for the interpretation of legal provisions relating to real estate and sets the limits of state interference with property rights.

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Constitutional Protection of Ownership

Constitutional guarantees imply that:

• any interference with property rights must have a statutory basis,
• such interference must be proportionate and justified by the public interest,
• it must not infringe upon the essence of the right of ownership.

We represent clients in matters involving excessive or unjustified interference with property rights, including in administrative and administrative court proceedings.

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Restrictions on the Exercise of Ownership

Property rights are not absolute and are subject to numerous statutory limitations.

In particular, we advise on restrictions arising from:

Spatial Planning and Construction Law

• provisions of local spatial development plans,
• zoning and development conditions decisions,
• construction law regulations governing the development process.

Civil Law – Neighbouring Rights

• nuisance (immission) issues affecting neighbouring properties,
• use of property in a manner that does not interfere with the rights of adjacent owners,
• neighbour disputes concerning boundaries and use of property.

Special Regulatory Regimes

We advise on matters arising from specific statutory regimes that significantly affect the exercise of ownership rights, including:

• geological and mining law,
• the Act on the Protection of Agricultural and Forest Land,
• the Nature Conservation Act,
• special statutes governing the implementation of public-purpose investments (including infrastructure projects of regional or national significance).

These regulations may impose far-reaching restrictions on the use of property, including obligations to tolerate certain activities or prohibitions on development.

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Expropriation and Compensation

The Constitution permits deprivation or limitation of ownership only for public purposes and against just compensation.

These principles are reflected in the provisions of the Real Estate Management Act, in particular with respect to:

• expropriation of real estate,
• determination of compensation,
• restitution of expropriated property.

We represent clients in proceedings concerning:

• determination and pursuit of compensation,
• challenging expropriation decisions,
• restitution proceedings.

Our Approach

Matters concerning the protection of property rights require not only knowledge of statutory provisions but also the ability to interpret them in light of constitutional guarantees.

We approach each case individually, aiming to effectively safeguard the rights of property owners and to mitigate the adverse effects of interference with their ownership rights.

 

We invite you to contact us to discuss your case and determine the most appropriate legal strategy.