End of hidden costs? Developers will have to reveal the prices of apartments

Yesterday, the Sejm adopted a law introducing amendments to the Act of May 20, 2021 on the protection of the rights of the buyer of a dwelling or a single -family house and a developer warranty fund and the Act of 16 February 2007 on competition and consumer protection. The new regulations, which are intended to increase transparency and protect buyers from hidden costs, says in an interview with “Wprost” legal advisor Krzysztof Granat, a managing partner at the K&L Legal Granat and Wspólnica law firm.

Beata Anna Święcicka, “Wprost”: What obligation does yesterday’s decision of the Sejm impose on developers?

Krzysztof Granat: The amendment imposes on the developers the obligation to run their own website, where – from the start of sales to the sale of the last property – information on the offered premises must be posted. In particular, it is a price for a square meter of residential premises or single -family houses and the entire property or part of it. The price of belonging rooms such as basement, attic or cell, as well as the rights necessary to use the premises or home – if they are not included in the main price should also be indicated. In addition, developers must provide information about any other cash benefits that the buyer is obliged to meet under a sales contract, including tax on goods and services. In the event of a change in the above -mentioned prices and cash benefits, including the introduction of a price reduction or cash benefit, the developer will be required to update the information provided on the website and provide the date of change and the rules for applying reduced prices and cash benefits, while maintaining information from starting sales.

And the issue of housing prices in relation to advertising and ads?

The amendment is not limited to imposing the obligation to keep a website and publish information on the prices of real estate sold on it. It also introduces a requirement to include in commercials, advertisements and other forms of sales offers directed to buyers of information about the website, on which the data on price and other cash benefits indicated above are available.

What do these changes mean for developers in practice?

Developers who have not run websites so far will have to set up them. It will also be necessary to verify the data already posted on existing pages and their adaptation to new regulations, including the obligation to provide information on prices and other cash benefits that the buyer will be obliged to pay. In addition, developers will be required to verify the content of sales, advertisements and advertisements and supplement them with a given website, which will contain details about prices and other costs.

What penalties for developers does the amendment provide for?

The amendment provides for severe penalties for not being used. Failure to comply with the above obligations will be treated as a violation of the collective interests of consumers, which may result in the imposition of a financial penalty of up to 10 percent. trading achieved in the financial year preceding the year of imposing a penalty. The legislator provided for a period of 6 months to introduce changes arising from the amendment from the date of entry into force of the Act.

Thank you for the interview

BIO: Krzysztof Granat – legal advisor, inscribed on the OIRP list in Wrocław. He graduated from the Jagiellonian University. He specializes in comprehensive service for investment processes – from the purchase of real estate to the authorization of the facility for use. He has extensive experience in construction law, investment contracts, public procurement and companies. He advises contractors, designers and the ordering entities at all stages of the investment, also in proceedings before the National Appeal Chamber and courts. It also supports foreign companies in starting operations in Poland.