Developers circumvent regulations. Protection of consumer rights remains illusory
The transparency of housing prices was intended to strengthen buyer protection. In practice, developers have found ways to fulfill the information obligation only apparently. What can a consumer do?
In September, an amendment to the Act of May 21, 2025 entered into force, concerning changes to the provisions on the protection of the rights of purchasers of residential premises or a single-family house and the operation of the Developer Guarantee Fund. The new regulations introduce, among others: obligation to disclose offer prices of apartments and their history.
– What is referred to in the media as “openness of apartment and house prices” in practice refers to the obligation for the developer to have a website on which, among others, will be published: information about the price of each premises (or houses) offered in a given investment, the price of associated rooms or other types of fees that the buyer must pay to purchase a given premises or house – says Piotr Skrzywyński, legal advisor and partner at Rödl Kancelaria Prawna.
As he emphasizes, these obligations apply only to offer prices, not transaction prices.
– Developers and clients can still negotiate various types of discounts, add-ons and other issues that will affect the final price, i.e. the transaction price – adds the lawyer.
“Apartments for PLN 1”?
Only a month after the regulations entered into force, it turned out that many developers had found ways to only apparently fulfill the information obligation, which is why the goals of the amendment are not fully realized.
– The most famous example of circumventing new regulations is the practice of providing a symbolic price – e.g. PLN 1 per square meter. Of course, this amount does not reflect the real value of the property – notes Krzysztof Granat, legal advisor at K&L Legal.
The lawyer explains that the information contained on the developer’s website is not an offer within the meaning of the provisions of the Civil Code.
– Announcements or price lists published on the Internet are treated – in case of doubt – as an invitation to conclude a contract, pursuant to Art. 71 of the Civil Code, and not as an offer within the meaning of the regulations. Therefore, the price of PLN 1 per square meter is not a binding offer – explains Mr. Granat.
Transparency of housing prices – difficulties in enforcing the obligation
The lawyer points out that the legislator has, however, provided for a certain protective mechanism.
– Pursuant to Art. 19a section 6 of the Development Act, if there is a discrepancy between the price given on the website and the price offered at the conclusion of the contract, the buyer has the right to demand the conclusion of the contract at the most advantageous price for him. In theory, this sounds beneficial, but in practice, enforcing this law encounters difficulties, notes attorney Granat.
He explains that the buyer would have to prove that the developer was actually ready to conclude the contract on the terms resulting from the published price – which is difficult to prove in the case of fictitious rates, such as PLN 1/sq m.
– It is therefore not surprising that already in the first weeks of the new regulations being in force, the Office of Competition and Consumer Protection received over a thousand complaints from consumers who indicated that the published prices were fictitious and misleading – emphasizes Mr. Granat.
