What is a commercial premises? Definition and characteristics
The Civil Code does not precisely define what constitutes a commercial premises. However, a definition can be found in the regulation of the Minister of Infrastructure on the technical requirements for buildings and their location. According to the regulation, a commercial premises "shall be understood as a single room or a complex of rooms, separated by permanent building partitions, not constituting an apartment, technical room, or utility room."
The previous Act on Ownership of Premises also refers to "premises for other purposes" in addition to "independent residential premises." This purpose is most often defined as business use, although non-commercial activities can also be conducted in commercial premises , and this category also includes buildings belonging to various institutions.
Types of commercial premises
The concept of commercial premises is broad and encompasses properties used in a wide variety of ways. The regulation of the Minister of Infrastructure distinguishes three main types of commercial premises, each of which must meet different technical requirements.
1. Office and commercial buildings and spaces . This is the most comprehensive category, encompassing a wide variety of commercial spaces, including offices and practices, shops, restaurants, as well as production halls and warehouse spaces.
2. Institutional, cultural, sports and other similar buildings and facilities.
3. Buildings and premises for short-term accommodation , such as hotels, hostels, guesthouses, campsites and flats and apartments intended for short-term rental.
Please remember that in many industries – for example, catering, food, hotel, or medical – commercial premises must meet additional requirements specified in separate legal acts.
Can you live in a commercial property?
Under Polish law, commercial premises cannot be used for residential purposes . This applies even if they are appropriately equipped and require no modifications. However, as mentioned, commercial premises can be rented for short-term stays.
However, if you rent such a property or part of it out long-term as a residential property, you may be subject to a fine of 2,000 PLN. Furthermore, your ability to use the property may be suspended until you formally convert it into a residential property. Also, remember that property tax is significantly higher for commercial properties than for residential properties.
How to buy commercial premises and what determines the price per 1 m² of commercial premises?
If you're looking to buy commercial premises, first define your needs and requirements. Consider the location, space, and layout of the premises best suited to your business. Then, determine your budget, ideally including additional costs (e.g., taxes, notary fees, any commissions, and renovation/renovation costs), and only then start looking for offers.
You'll quickly notice that prices per square meter for commercial premises vary greatly, though they're usually significantly lower than for apartments . These prices depend primarily on location – properties located in prime locations in large cities will be significantly more expensive than those in smaller towns. Other factors that influence the price include the availability of infrastructure in the area, the layout of the rooms, and the type and origin of the commercial premises – primary or secondary market. In the latter case, technical condition is also crucial.
Often, purchasing a property on the secondary market can be a more cost-effective solution , even if it requires significant renovation and adaptation to your business needs. You'll find numerous attractive offers among Orange properties for sale . Choose from dozens of properties across Poland that are perfect for commercial use . Learn more about us and see why you should trust us.