Legal, Tax, and Accounting Aspects – Key to Investment Security
The changes in town planning planned for 2026 will significantly affect the construction market. Municipalities will be obliged to adopt new general plans, with the aim of making investment processes more transparent and efficient.
New regulations aimed at protecting homebuyers (the New Developer Act) and the mandatory implementation of eco-friendly solutions in new buildings are significantly impacting the market.
Furthermore, several key legislative changes from an investor's perspective are planned for 2025. One of them is the regulation of Polish REITs i.e. companies involved in real estate investments (SINN; Polish: Spółka Inwestująca w Najem Nieruchomości). Although the specific framework for REIT provisions and the expected timeline for releasing the draft regulation are yet unknown, any legislative developments in this regard should be closely monitored. It is possible that new draft regulation will be released later in 2025. In addition, legislative works are being continued on the so-called “supply law” (Polish: ustawa podażowa), which aims to increase the availability of land for residential construction. One of the changes suggested under this act is the release of agricultural land located in cities for residential development purposes.
In addition, cross-border reorganizations such as merger, demerger or conversion (change of the legal form) will require that an additional clearance be provided by the tax authorities as a prerequisite for the court to register the reorganization. The clearance will be issued if it is determined that the reorganization does not fall under tax anti-abuse regulations.
Importantly, as of January 1, 2025, significant RET amendments came into force. The new regulations include an autonomous definition of buildings and structures, independent of the construction law. It may lead to increased tax burdens, including the taxation of facilities that were previously not subject to real estate tax.
These changes may have a significant impact on the real estate market and the development of the construction sector.