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The state of the epidemic – new limitations on commercial tenants

03 April 2020
In connection with the announcement on the state of the epidemic as from March 21 and the publication of a new regulation of the Minister of Health on this matter, the group of tenants covered by a temporary ban on conducting operations in commercial facilities with a commercial area of more than 2,000 square meters has been significantly expanded since March 21.

In connection with the announcement on the state of the epidemic as from March 21 and the publication of a new regulation of the Minister of Health on this matter, the group of tenants covered by a temporary ban on conducting operations in commercial facilities with a commercial area of more than 2,000 square meters has been significantly expanded since March 21.

The restriction currently applies to all tenants which in such facilities:

  • are engaged in the retail trade, except for tenants whose prevailing activity consists of selling food and specialty food products, cosmetic products (other than those intended for perfumery and beauty treatment), toiletries, cleaning products, medicinal products and medical devices, newspapers, construction and renovation products, pet products and fuels;
  • provide services, except for tenants whose prevailing activity involves the provision of medical, banking, insurance, postal, laundry or catering services consisting only of the preparation and supply of food;
  • conduct commercial or service activities at commercial stands (in Polish so-called wyspy) in shopping malls.
  • for example, from last Saturday on also jewellery and perfume shops should be closed, while DIY stores and newsagents can still operate.

The full text of the Regulation (in Polish) is available here >

If you have any questions or concerns regarding the new regulations, the contents of your lease agreement, the right to exemption from or reduction of rent and other charges, claims for damages or a strategy of dialogue with the landlord, please feel free to contact us.  

Not only is the DWF Real Estate Team at your disposal, but also experts in other fields such as taxes, labour law, banking and restructuring, dispute resolution, corporate and commercial contract law, public aid, competition and consumer protection. We guarantee comprehensive legal support in these unusual circumstances.

Read the update in Polish >

Further Reading