This Tuesday morning, we welcome you with our first article of 2023. As the Real Estate Department Team at Graś i Wspólnicy sp. k., we hope that 2023 will be no more challenging than 2022 and that our articles will help you understand the increasing legal complexities, particularly those resulting from the amendments being introduced.
At the beginning of 2022, the biggest challenge for the real estate market seemed to be the development law passed in 2021. Meanwhile, the war in Ukraine began in February, and rising inflation and interest rates in the following months not only affected the prices of construction services and materials but also limited demand in the housing market. These are challenges that will remain with us in 2023. Furthermore, numerous legal changes are in the pipeline, which we will be analyzing on an ongoing basis.
In terms of the most important legal changes, we believe that in 2023, the drafters will strive to adopt amendments to the Spatial Planning and Development Act . In November 2022, the Ministry of Development and Technology presented the draft amendment following public consultations held at the turn of 2021 and 2022. It seems that changes in this area are inevitable, so as soon as we receive information that the draft law will be submitted to the Sejm (lower house of parliament) (and perhaps even earlier), we will analyze them in detail for you. We are also collaborating with the Polish Association of Developers in this regard, and this amendment will undoubtedly be the subject of many training sessions.
The end of 2022 also brings considerable confusion regarding amendments to the Construction Law . The media have reported extensively on amendments that are still in draft form and have not yet progressed beyond the Council of Ministers' preparation stage. Therefore, in a separate alert, we will provide a summary of the changes to the Construction Law that have already been adopted and whose effective date we are certain of. Construction Law, specifically the digitization of the investment and construction process, will also be a topic we will be developing for you in the first weeks of 2023. We will provide a summary of what has already been adopted and further changes that we can expect later this year.
, the new regulation on the technical requirements for buildings and their location did not enter into force in September 2022. After the Ministry of Development and Technology received hundreds of comments, including those indicating the use of outdated Polish Standards, the transitional provisions were amended and the deadline for the new regulation to enter into force was extended to September 20, 2024. Due to the fundamental nature of this regulation, work on its final form should begin in 2023, but as is usually the case, we will not return to the topic until 2024. We will certainly monitor this issue and keep you updated on the status of the draft regulation amendment.
From a non-legislative perspective, we see a decline in the number of investments in the housing market in 2023, particularly transactions with individual clients. However, even here, surprises may arise, given the government's announcement of new programs that allow young people to purchase their first apartment – although we are awaiting specific drafts of changes to the law. When launching projects, investors should consider implementing new and efficient solutions in terms of energy and climate friendliness. This is no longer just a matter of the ESG trend; given rising energy prices, it is also an important element of building maintenance and management.
2023 could also be a good time to purchase land for future investments. Given the decline in residential sales to individual buyers, this year could be rich in PRS transactions, about which we are already receiving inquiries from clients.
As was the case last year, we'd also like to encourage you to submit topics ( social@kglegal.pl ) that you think we could cover next. We strive to ensure that our articles address emerging market issues.
At the same time , I'm personally delighted to be returning to you as editor of the series "Tuesday Mornings for Construction." I hope that the topics we're preparing for 2023 will help you navigate the complexities of legal regulations. If you have any questions, please contact us directly.
This article is for informational purposes only and does not constitute legal advice.
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