Landscape resolutions – a relief for the landscape vs. property rights

14 July 2022 | Knowledge, News

Although the number of landscape resolutions nationwide remains small, an increasing number of cities are deciding to draft and enact such resolutions.

While, on the one hand, there is a vital need to regulate the advertising chaos in Poland, on the other hand, the interests of advertising-related service providers should not be neglected, thus, the requests of offices, hotels, shopping malls or arcades and other businesses should be taken into account while drafting new resolutions.

Importantly, as a result of the adoption of a landscape resolution, all (or most of) the advertising devices may be stripped from a building and its surroundings and, as lease agreements often contain provisions granting lessees the right to display their own signs or advertising devices on the façade of the building or in its surroundings, this may require amending, renegotiating and, in some cases, even terminating associated lease agreements. Therefore, it is extremely important for landlords to ensure that their interests are adequately safeguarded as early as at the stage of drafting the landscape resolution – whether by submitting comments on the drafts or by actively participating in consultations with the municipality.

It should be noted that the very process of adopting a landscape resolution – as local government officials themselves admit – is not the easiest, as it is a multi-stage process requiring numerous consultations, analyses and an appropriate adjustment of the legal framework to the findings.

Undoubtedly, any landscape resolution may lead to excessive interference with the market balance between competing landlords. The regulations may require advertising to be modified in a way that does not reflect the characteristics and function of a building, or may prove to be so vague and imprecise as to be essentially inapplicable.

How can we help you with these issues?

  • Review the wording of draft and existing landscape resolutions
  • Submit written comments to draft landscape resolutions
  • Negotiate with local authorities to present and secure your interests to the fullest extent possible
  • Review lease/rental/other agreements granting the right to use space in commercial facilities in respect of the risks associated with the adoption of landscape resolutions
  • Negotiate the relevant understandings/amendments to agreements – especially regarding rent exemptions and contractual charge reductions
  • Where a landscape resolution needs to be challenged in court – prepare an appropriate application and litigation strategy to safeguard your interests.

We can also assist you in all areas that may be affected by landscape resolutions or other local legislation, regarding in particular labour law, restructuring law, banking law, and trade and distribution law issues.

Any questions? Contact the authors:

Weronika Duda

Dominik Gryś

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Contact us:

Weronika Duda

Weronika Duda

Attorney at Law, Counsel, Real Estate Practice, Co-Head of German Desk

+48 888 736 561

w.duda@kochanski.pl