Is the establishment of a construction company in Poland a long and complicated process? It’s a myth!

From company registration to selecting the appropriate construction equipment – with AssistPRO, you can achieve it all:

  • Efficiently
  • At a competitive price
  • Free from bureaucratic hurdles
  • And with professional consultations

Opportunities

Before establishing a construction company in Poland, it is important to understand that successfully leading a construction business requires experience and a keen awareness of the risks associated with the industry. To initiate a construction business, company registration is necessary. A construction company can be registered in any of the following forms:

  1. Sole proprietorship (in Polish: jednoosobowa działalność gospodarcza)
  2. Private limited company (in Polish: spółka Sp. Z o. o.)
  3. and others

Working in the construction sector entails specific risks, and it is crucial to prioritize the health and safety of both yourself and your employees while adhering to relevant regulations to avoid potential penalties. As an employer, you bear the responsibility for your employees. Considering these factors, we believe that the most suitable business form for the construction industry would be:

  1. Private limited company (in Polish: spółka Sp. Z o. o.)
  2. Establishing a branch.

The choice of business form also has an impact on the entrepreneur’s responsibility and tax considerations.

When establishing a construction company, no special rights, licenses, or permits are required. The owner is also not obligated to possess specific qualifications. Licenses or permits may only be necessary for technical functions such as design, construction expertise, or construction management. However, the entrepreneur themselves does not need to possess such qualifications as they have the option to hire qualified employees.

Additionally, it is important to consider insurance for the company and equipment. Construction industry contracts often include provisions for contractual penalties in case of non-compliance or improper execution, such as missed deadlines.

AssistPRO offers a comprehensive package for establishing a construction company, which includes:

  • Obtaining PESEL, Profil Zaufany, or a qualified electronic signature in Poland
  • Searching for the company’s registered address (place of residence)
  • Preparation of documents and company registration in Poland
  • Registration of the established company in the Central Register CRBR and payment of the PCC (0.5%) based on the capital size
  • Opening a bank account and consultation on capital contribution
  • Selection of an accounting firm or bookkeeper
  • Consultation on hiring foreign employees

Opportunities for establishing a construction company in Poland:

I. Establishing a construction company through a notary

II. Establishing a construction company online

III. Establishing a branch
Company formation through a notary can be done either in person or with a power of attorney Electronically, physical presence in the foreign country is not required. One trip to Poland is necessary for opening a bank account and one trip to the Polish consulate in your country Establishing a branch through a notary, either in person or with power of attorney

Start-up time: up to 4 weeks

Start-up time: up to 4 weeks or 2-7 days

Start-up time: 4 to 8 weeks
Limited liability for the company’s obligations (in certain cases, such liability can be assumed by the members of the management board). Limited liability for the company’s obligations (in certain cases, such liability can be assumed by the members of the management board). A foreign entrepreneur is personally liable for all present and future assets without any limitations for the obligations of a branch.
Accounting expenses are approximately 170 EUR per month for up to 25 documents. For each additional employee, there is an additional cost of 15 EUR per month. If there is a higher volume of invoices or documents, the price increases accordingly. Accounting expenses are approximately 170 EUR per month for up to 25 documents. For each additional employee, there is an additional cost of 15 EUR per month. If there is a higher volume of invoices or documents, the price increases accordingly. A branch operating in Poland is required to maintain accounting records in the Polish language. Additionally, as a foreign entrepreneur operating a branch in Poland, you will be subject to paying corporate income taxes and will have limited tax liability in Poland.

*It is possible to expedite the process to 2-7 days, but it requires an additional trip to Poland for obtaining a qualified signature.

Regardless of the desired legal form for establishing a construction company, we can assist in focusing on the necessary procedures, saving time, and avoiding unnecessary expenses when opening your construction business in Poland. Our goal is to streamline the process and provide guidance on the required steps, ensuring efficiency and cost-effectiveness. By leveraging our expertise and experience in company establishment services, we can help you navigate the complexities of starting a construction business in Poland and optimize the overall process.

If you have any questions, you can always contact us.
We are here to help you!

The cost of establishing a construction company varies depending on the chosen legal form. Here are some general price ranges for orientation purposes. However, for a personalized offer tailored to your specific requirements, let’s have a discussion!

The cost of establishing a construction company in Poland

I. Establishing a construction company through a notary

II. Establishing a construction company online

III. Establishing a branch
Company formation through a notary can be done either in person or with a power of attorney Electronically, physical presence in the foreign country is not required. One trip to Poland is necessary for opening a bank account and one trip to the Polish consulate in your country
 Establishing a branch through a notary, either in person or with power of attorney
1820 EUR
from 1140 EUR
net +23% VAT		 1450 EUR
from 799 EUR
net +23% VAT		 1710 EUR
from 1199 EUR
net +23% VAT
Included in the price: complete company formation with all taxes. Not included in the price: company registration address fee, notary fees, other consulting expenses.
Included in the price: full online company formation with all taxes. Not included in the price: company registration fee, company address fee, other consulting expenses.
Included in the price: complete branch establishment. Not included in the price: branch registration fee, other consulting expenses, translation costs.

*Prices and rates are subject to change due to fluctuations in foreign country pricing, currency exchange rates, decisions made by AssistPRO, as well as changes in national or international taxes and fees. To receive an accurate proposal with pricing details, please contact us!

Construction Company and Data Protection Regulations (RODO)

For prospective entrepreneurs managing a construction company, it is important to be aware of the new EU legislation that came into effect on May 25, 2018, known as the General Data Protection Regulation (RODO). The GDPR (RODO) sets out requirements and obligations for the protection of personal data and the free movement of such data. Here are some key points to consider:

  1. Ensuring the Security of Personal Data: As a construction company, you must ensure the security and confidentiality of the personal data you handle. This includes implementing appropriate technical and organizational measures to protect against unauthorized access, loss, or disclosure of personal data.
  2. Appointing a Data Protection Officer: It is advisable to designate a person responsible for data protection within your company. This individual will be responsible for ensuring compliance with data protection laws, handling data subject requests, and acting as a point of contact for data protection authorities.
  3. Rights of Individuals: The GDPR grants certain rights to individuals whose personal data you process. These rights include the right to access their data, rectify inaccuracies, erase data under certain circumstances, restrict processing, and object to processing.
  4. Data Processing Agreements: If you share personal data with third parties, such as contractors or subcontractors, it is necessary to have data processing agreements in place. These agreements define the responsibilities and obligations of each party regarding the processing and protection of personal data.
  5. Consent and Transparency: If you collect personal data from individuals, you must obtain their consent in a clear and transparent manner. You should inform individuals about the purposes for which their data is being collected, how it will be used, and their rights in relation to their data.

Compliance with the GDPR is crucial to ensure the protection of personal data and avoid potential fines and reputational damage.

Selection of Business Activity Descriptions (PKD Codes) for a Construction Company

When establishing a construction company, it is essential to choose the appropriate PKD codes that align with the intended scope of activities. Construction and renovation companies can offer a wide range of services. The key PKD codes, commonly selected from sections 41 and 43, are provided below:

41.10.Z: Realization of building projects related to erection of buildings

41.20.Z: Building works related to erection of residential and non-residential buildings

43.31.Z: Plastering

43.32.Z: Joinery installation

43.33.Z: Floor and wall covering

43.34.Z: Painting and glazing

43.39.Z: Other building completion and finishing

Selecting the accurate PKD codes is crucial as they serve as a description of your construction company’s activities. It ensures proper classification during business registration and facilitates compliance with relevant regulations.

Construction company – with or without VAT?

When establishing a construction company, the decision of whether to operate with or without VAT (Value Added Tax) should be carefully considered. Here are some important points to keep in mind:

  1. VAT Exemption: If the company’s annual turnover does not exceed a certain threshold, the entrepreneur can be exempt from VAT registration. This means they won’t charge VAT on their services or claim back VAT on their expenses.
  2. VAT Registration: If the company’s total income exceeds 200,000 PLN per year, the entrepreneur is obligated to register as a VAT payer and charge VAT on their services. This may be necessary even if the turnover threshold is not reached.
  3. Proactive VAT Registration: Alternatively, the entrepreneur can choose to register the construction and renovation company as an active VAT payer from the outset, regardless of the turnover. This can be beneficial if the input VAT (expenses) is expected to exceed the output VAT (income).
  4. Advantages of VAT Registration: Being a VAT payer can be advantageous in certain situations, especially when providing services mainly to other VAT-registered customers. Additionally, for specific types of services, such as those taxed at a lower rate (e.g., 8% VAT rate for certain building projects under the social housing program), becoming a VAT payer from the beginning can result in tax benefits.

Fiscal Cash Register in a Construction Company

According to the VAT Law, specifically Article 111(1), entrepreneurs who sell goods to individuals who do not engage in economic activities are required to register turnover and sales amounts using fiscal cash registers. However, it should be noted that construction services are not classified as activities that mandate the use of cash registers. Therefore, future entrepreneurs have two options:

  1. Immediate acquisition of a fiscal cash register and registration of sales to individual customers.
  2. Utilization of the subjective exemption from fiscal cash registers, subject to meeting certain conditions. For instance, if the service provider receives orders for the work to be carried out via email, with payment made through bank transfer clearly indicating the purpose of the payment for the services rendered, they are exempt from using a fiscal cash register. The exemption also applies if the turnover does not exceed the limit of 20,000 PLN.

It is important to seek advice from a tax advisor or consult with the local tax authorities to understand the specific requirements and conditions regarding fiscal cash registers in your construction company. They can provide detailed guidance and assist you in determining the most suitable approach based on your business activities and obligations.

Selecting the Right Equipment for Your Construction Company

Once the formalities of establishing a construction company are completed, it is crucial to focus on choosing the right equipment and construction machinery. You may require excavators, cranes, manipulators, loaders, hammers, screwdrivers, plaster or concrete mixers, and various other tools. Additionally, having a reliable means of transportation, such as a truck, is often necessary. However, not every aspiring entrepreneur has the financial resources to purchase construction equipment outright. In such cases, there are alternatives available, such as equipment rental, leasing, or obtaining financing through loans. These options can provide you with the necessary equipment while managing your budget effectively.

If you have any questions, you can always contact us.
We are here to help you!