Real Estate 21. March 2020

Poland: Further restrictions for shopping centers

21. March 2020
|
Michał Wielhorski
|
act legal Poland


The most recent Regulation tightens the restrictions on retail and services in commercial developments of over 2,000 m2. Limitations applicable to office buildings (canteens, restaurants, cafés) have been extended without any major modifications.

Starting from March 21, 2020, what entities can operate in retail complexes of over 2,000 sqm?

Tenants whose main business consists in the sale of:

a. groceries;
b. cosmetics other than fragrances and beauty products;
c. toiletries;
d. cleaning agents;
e. medicinal products (incl. ones sold at pharmacies);
f. medical devices;
g. foodstuffs for particular nutritional uses, as defined in article 3 section 3 item 43 of the Food and Nutrition Safety Act of August 25, 2006;
h. newspapers;
i. construction / DIY products;
j. pet supplies; or
k. fuels.

Tenants offering the following types of services as their main business activity: medical, banking, insurance, postal or laundry services, or preparation of food for takeaway and/or delivery only.

Any Tenants other than listed in items 1 and 2 above cannot run their operations.

It is now completely forbidden to conduct any retail operations or offer any services (the Regulation implies that the ban covers all types of services) at retail stands/kiosks in malls.

Some Tenants that could conduct their business until today will now have to close their stores for customers – this applies to travel agencies, telecommunications services, jewelers, etc.

We are analyzing the newly-adopted Regulation and will be ready to assist you further in no time.

Please feel free to contact us for any assistance.

***
|
Michał Wielhorski
|
act legal - BSWW legal & tax
About the authors

Michał Wielhorski

Managing partner

An experienced real estate lawyer, advising on all types of real property projects from the corporate, transactional and tax perspective. He works primarily with large developers, focusing on retail and office developments, and guiding clients through all stages of investment processes (incl. due diligence, permitting, financing, leasing and sale). Michał assists clients in the negotiation and execution of real property sale agreements, construction works agreements, service agreements (incl. ones with architects and other experts) and infrastructure agreements. He advises on leasing processes, negotiating and executing major lease agreements for retail and office space. He also boasts a strong track record in financing agreements.

Alicja Sołtyszewska

Partner

Alicja is the go-to on real estate-related issues, her expertise primarily focusing on lease agreements for office and retail units. She represents landlords and tenants alike. Alicja has participated in real estate due diligence audits. She has also taken part in transactions involving the conveyance of real properties. She boasts vast experience in providing day-to-day support for businesses and developers, mostly those operating in the construction and real estate sectors.

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