Administrative law
Legal assistance includes advice, analysis, opinion, negotiation and representation in expropriation proceedings. Expropriation consists of the forced removal of property for public purposes against compensation. Expropriation proceedings are conducted by administrative authorities. A final decision on expropriation can be appealed to the administrative court. Polish law provides for more than a dozen cases constituting legal grounds for expropriation of real estate. The main regulation is to be found in the Act of 21.08.1997 on real estate management.
Pursuant to Article 112(1) of the A.g.n., the provisions of this Chapter shall apply to real property located, subject to Article 122a, Article 124(1b), Article 124b, Article 125 and Article 126, in areas designated in local plans for public purposes or to real property for which a decision on the location of a public purpose investment has been issued.
Pursuant to Art. 112(2) of the Act on the Expropriation of Real Property, expropriation of real property consists in depriving or restricting, by way of a decision, the right of ownership, the right of perpetual usufruct or any other right in rem on real property.
Pursuant to Article 112(3) of the Act on the Protection of the Environment, real property may be expropriated if public objectives cannot be achieved otherwise than by depriving or restricting rights to the real property, and such rights cannot be acquired by agreement.
Pursuant to Article 112(4) of the Act, the competent authority in matters of expropriation is the starost, performing a task of government administration.
Pursuant to Article 113(1) of the A.G.N., real estate may be expropriated only for the benefit of the State Treasury or a local government unit. Exclusions concerning expropriation are also provided for. Pursuant to Article 113(2) of the A.g.n., property owned by the State Treasury may not be expropriated. This does not apply to expropriation of the right of perpetual usufruct and limited rights in rem encumbering the real estate. The area of expropriated real estate is specified in Article 113(3) of the U.g.n. Pursuant to this provision, the whole or part of the real estate may be expropriated. If part of the real property is expropriated and the remaining part is not suitable for proper use for the current purposes, upon request of the owner or perpetual usufructuary of the real property, that part is acquired by agreement for the benefit of the State Treasury or for the benefit of a local government unit, depending on whose benefit the expropriation is carried out.
Pursuant to Article 113, section 4 of the TLN, if the real property does not have an established land and mortgage register or a collection of documents, other documents confirming the rights to the real property and data from the real property cadastre used for its designation are accepted at expropriation. Pursuant to Article 113(5) of the TLN, in the case of real property with an unregulated legal status, data from the real property cadastre used for its designation are accepted for its expropriation. Pursuant to Article 113, paragraph 6 of the Act on Commercial Property, an unregulated real property is understood to be a real property for which, due to the lack of a land and mortgage register, a register of documents or other documents, the persons to whom the rights in rem are vested cannot be determined. Pursuant to Article 113, paragraph 7 of the A.G.N., the provision of paragraph 6 also applies if the owner or perpetual usufructuary of the real estate is deceased and succession proceedings have not been conducted or completed.
The activities aimed at expropriation can be divided into several stages. Expropriation proceedings should be preceded by negotiations. In the absence of an agreement on the voluntary disposal of the property, the authority initiates expropriation proceedings. At the expropriation proceedings stage, a hearing is held. Once the steps in the expropriation proceedings have been exhausted, an administrative decision is issued. This decision may be appealed to a higher level authority. The final decision of the higher level authority is subject to an administrative complaint to the provincial administrative court. A cassation appeal to the Supreme Administrative Court is available against the judgment of the provincial administrative court.
The legislator specifies the obligatory elements of the decision on expropriation. Pursuant to Article 119(1) of the A.g.n., a decision on expropriation of real estate, in addition to the elements specified in Article 107 § 1 of the Code of Administrative Procedure, should contain:
1) to determine for what purposes the property is being expropriated;
2) identification of the object of expropriation by stating the designation of the real estate according to the land register or collection of documents and according to the real estate cadastre;
3) identification of the rights subject to expropriation;
4) identification of the owner or perpetual usufructuary of the property;
5) the designation of the person to whom the limited rights in rem on the property are vested;
6) an obligation to provide the premises referred to in Article 116(1)(5);
7) determining the amount of compensation.
- If the persons referred to in paragraph (1)(4) and (5) are absent or incapacitated, Article 34 of the Code of Administrative Procedure shall apply.
In addition to this general regulation of expropriation, the seizure of real estate for public purposes may also take place on the basis of special laws, the object of which is the realisation of certain public investments.
Legal assistance includes advice, analysis, opinion, negotiation and representation in administrative planning and zoning matters.
Legal assistance in the field of administrative law in the area of planning and zoning regulations concerns, in particular:
- obtaining and amending decisions on land development and development conditions (decisions on the location of public purpose investments and decisions on development conditions),
- to determine the legally permissible use of the property,
- appeals against decisions on the determination of the planning fee,
- to challenge or request the annulment of municipal resolutions adopting or amending the local spatial development plan, the local revitalisation plan and the integrated investment plan,
- to challenge or request the annulment of municipal resolutions adopting or amending the general plan,
- challenging the municipality’s resolution on the principles and conditions for the location of small architectural objects, billboards and advertising devices and fences, their size, quality standards and the types of construction materials they may be made of,
- Appeal against decisions to impose fines under the provisions of the Planning and Development Act,
- negotiating the terms of the urban planning agreement.
Legal assistance includes advice, analysis, opinion, negotiation and representation in administrative matters in the field of construction law.
Legal assistance in the field of administrative law in the area of construction law concerns, in particular:
- obtaining or challenging a planning permission decision,
- obtaining or challenging an environmental decision,
- obtaining or challenging a demolition decision.
Legal assistance includes advice, analysis, opinion, negotiation and representation in administrative matters in the field of conservation law.
Legal assistance in the field of administrative law in the area of conservation law concerns, in particular:
- obtaining or challenging a decision to enter an immovable or movable monument in the register,
- obtaining or challenging a decision to remove an immovable or movable monument from the register,
- obtaining or challenging a decision to include a building in the register of a historical, urban, rural or historic building complex,
- obtain or challenge a decision to remove a building from the register of a historic, urban, rural or historic building complex,
- obtaining or challenging a decision to include a movable monument on the Heritage Treasures List,
- obtaining or challenging a decision to remove a movable monument from the Heritage Treasures List,
- obtaining or challenging a decision to enter the lost item in the register of lost cultural property,
- obtaining or challenging a decision to remove a lost item from the register of lost cultural property,
- obtain or challenge a decision ordering the owner or possessor to provide access to an immovable monument or immovable property if access is refused,
- obtain or challenge a decision to stop works carried out without the permission of the provincial conservator of monuments.
Legal assistance includes advice, analysis, opinion, negotiation and representation in administrative matters in the field of water law.
Administrative legal assistance in the area of water law concerns, in particular:
- obtaining or contesting a water permit,
- obtain or challenge a decision to establish a protection zone,
- obtaining or challenging a decision exempting them from the prohibitions provided for in the Act,
- obtaining or contesting decisions on arrangements in the course of the procedure for adopting planning acts or issuing spatial decisions,
- obtain or challenge a decision on the removal of trees or shrubs in areas of special flood risk,
- obtain or contest a decision on prohibitions laid down to ensure impermeability and stability from dykes,
- obtain or challenge a decision to lower the water level or empty the reservoir in the event of a warning of an impending flood surge,
- obtaining or challenging a decision to implement a water reclamation facility,
- obtaining or challenging a decision setting the amount of the drainage fee,
- obtain or challenge a decision on the maintenance of water reclamation facilities,
- obtain or challenge a decision on a decision to suspend the operation of the plant or part of it until the water management negligence has been remedied,
- obtain or challenge a decision declaring the correction of water management negligence,
- obtain or challenge a decision on the determination of charges for the use of locks or slipways,
- appeal against the decision to impose an administrative fine.
Legal assistance includes advice, analysis, opinion, negotiation and representation in administrative matters in the field of environmental law.
Administrative legal assistance in the area of environmental law concerns, in particular:
- obtaining or contesting an environmental decision (environmental decision),
- obtain or challenge the decision of the provincial marshal on the obligation to measure the levels of substances discharged into the air from plants where an installation qualified as a project likely to have a significant impact on the environment is operated,
- obtain or challenge a decision imposing an obligation on the landowner to carry out soil and land contamination surveys,
- obtaining or challenging a remediation decision,
- obtaining or challenging a decision on the permissible noise level,
- issuing or obtaining compensation in connection with a decision restricting the use of the property.
Legal assistance includes advice, analysis, opinion, negotiation and representation in administrative matters in the field of data protection law.
Administrative legal assistance in the area of data protection law concerns, in particular:
- the preparation of documentation relating to the protection of personal data,
- carrying out audits,
- reporting of personal data breaches,
- representation in administrative proceedings brought on the basis of a complaint of a personal data breach,
- to apply for or appeal against a decision of the President of the DPA imposing a financial penalty for violation of the provisions on personal data protection.
In addition, legal assistance includes representation in criminal and civil proceedings brought under data protection legislation.
Legal assistance may concern issues arising against the background of educational law, in particular: the Act of 14 December 2016. Education Law, the Act of 7 September 1991 on the educational system, the Act of 20 July 2018 on higher education and science, the Act of 26 January 1982 on the Teacher’s Charter, the Act of 22 December 2015 on the principles of recognition of professional qualifications acquired in the Member States of the European Union, the Act of 4 February 2011 on the care of children aged up to 3 years, the Act of 15 April 2011 on the educational information system and the Act of 27 October 2017 on the financing of educational tasks.
Legal assistance may relate to issues arising under personal law, in particular: the Act of 24 September 2010 on population registers, the Act of 28 November 2014 on civil status records, the Act of 6 August 2010 on identity cards and the Act of 26 May 2023 on the mCitizen application.
Legal assistance may concern issues arising against the background of the law of mass events and public assemblies, in particular: the Act of 20 March 2009 on the safety of mass events, the Regulation of the Minister of Health of 6 February 2012 on the minimum requirements for medical security of a mass event, the Regulation of the Minister of Finance of 11 March 2010 on compulsory liability insurance for organisers of mass events, the Act of 22 August 1997 on the protection of persons and property and the Act of 24 July 2015. Law on Assemblies.
Legal assistance may concern issues arising against the background of the Act of 29 July 2005 on Counteracting Domestic Violence, the Regulation of the Council of Ministers of 6 September 2023 on the “Blue Card” procedure and models of “Blue Card” forms, the Convention on Preventing and Combating Violence against Women and Domestic Violence, the Act of 26 October 1982 on Upbringing in Sobriety and Counteracting Alcoholism and the Act of 29 July 2005 on Counteracting Drug Addiction.
Legal aid may relate to issues arising under the Act of 9 June 2011 on family support and the foster care system, the Act of 11 February 2016 on state aid in upbringing of children and the Act of 28 November 2003 on family benefits.
