How much will you really pay for the apartment? The amendment may change prices

From February 13, an amendment to the Development Act will come into force, which introduces one key rule: the price of the premises is to be calculated as the product of the usable area and the rate per 1 sq m. The square footage must be calculated in accordance with the Polish Standard. Although the change was intended to bring order to the market, experts point out numerous uncertainties.

The most controversial issue concerns the reference to the Polish Standard. So far, developers included partition walls in the usable area, which could increase the square footage by up to several meters. After the changes, such practices will not be possible, which – with prices in large cities ranging from PLN 8.5 thousand. PLN up to PLN 20,000 PLN per square meter – may mean savings of 30-50 thousand. PLN when purchasing a typical apartment.

Risk of different interpretations

Some lawyers, however, point out that the new regulations may open the way to attempts to add additional areas that have not previously been considered usable, such as balconies, loggias or the space under the stairs. The Act does not require their inclusion, but the ambiguity of the provisions may lead to interpretation disputes.

According to experts, there may be a situation in which two-room apartments will formally “reduce” by 1.5-2 sq m. under partition walls and at the same time “gain” 5-6 sq m. loggia. In the case of houses, taking into account stairs and sloping areas could increase the area by up to several square meters.

UOKiK and appeal for interpretation

However, experts emphasize that developers who try to overstate the square footage risk facing consequences from the Office of Competition and Consumer Protection. The office has already imposed high fines for misleading consumers regarding the area of ​​premises.

The Polish Association of Developer Companies asked the Ministry of Development and Technology and the Office of Competition and Consumer Protection for urgent explanations. The point is to confirm that the application of the Polish Standard does not exclude applicable regulations, which clearly indicate that the usable area does not include, among others, balconies or space under the stairs.

How to protect yourself against inflated prices?

Experts advise to carefully check the definition of usable area in the contract and compare the square footage with the architectural plan. It is worth asking the developer how he interprets the Polish Standard, and if in doubt, consult the provisions with a lawyer.

The amendment was intended to bring greater transparency and link the price directly to the actual square footage. However, without a clear interpretation of the regulations, the market may face a period of uncertainty that will determine how much we will actually pay for our own “M”.