Support in negotiations with Polish Waters – yacht marina on a lake

In 2023, the owner of a yacht marina on a lake planned to expand the facility. He wanted to increase capacity and improve mooring conditions. However, to achieve this, he needed a new agreement with Polish Waters, which would include the use of an additional 8.200 m2 of water-covered land. That’s when he turned to our law firm for assistance in negotiations.

In September 2023, the owner submitted an application to Polish Waters for an agreement, indicating that he intended to use the land for recreation and water tourism. In October 2023, he supplemented the application with detailed information about the planned construction of water facilities for passenger transport.

In November 2023, Polish Waters proposed a rate of 5.00 PLN/m2. After careful analysis, we concluded that, given the actual intended use of land, this rate was too high.

We initiated negotiations, pointing out the discrepancies between the proposed rate and the intended use of the land.

However, the new year brought new rates, and as a result, in February 2024, Polish Waters raised the proposed rate to 8.90 PLN/m2. Through a series of exchanges between Polish Waters and our law firm, we initially managed to negotiate that the 8.90 PLN/m.2 rate would only apply during the season, while outside the season, it would remain at the originally proposed level of 5.00 PLN/m2.

In the end, we reached an agreement where the rate remained at 5.00 PLN/m2 throughout the entire year. The client agreed to this rate, provided that it would prevent further increases.

Our persistent efforts yielded a positive result – Polish Waters ultimately agreed to the 5.00 PLN/m2 rate year-round (despite the rate increase). This allowed our client to proceed with the marina expansion plans without excessive financial burden.

Thank to our collaboration and the negotiations we conducted:

• the client saved a significant amount, approximately 31.000 PLN annually, by avoiding an inflated rate,
• amidst the fluctuating rates that posed a risk to the client, we secured conditions that allowed for the continued expansion of the marina,
• we avoided potential legal disputes that could have delayed the project.

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