Is the end of the pathodeweloper? The new act may change the rules of the game

A bill was sent to the Sejm by Poland 2050, assuming an amendment to the Act on the protection of the rights of the buyer of a dwelling or a single -family house and provisions regarding the developer guarantee fund. Its purpose is to restore warranty in all contracts leading to the transfer of ownership of real estate created as part of a development project.

-He gives buyers the right to force developers to remove developer defects -because of the type of contract. Because the developer, like every manufacturer, must be responsible for the defects of the “product”-there can be no holy cows-said Katarzyna Pełczyńska-Nałęc, head of the Ministry of Funds and Regional Policy published on Platform X.

The minister expressed the hope that the Sejm “and this time (as at the openness of the price) would stand on the side of people. This is not the end – we go further!” – we read in the post.

Is this the end of the pathodeweloper?

The proposed changes are to guarantee more effective pursuit of claims for defects in premises, part of common buildings and infrastructure. By covering buyers of apartments, single -family houses and commercial premises, who concluded with developers with development agreements or other obliging to transfer ownership. This is another Polish initiative 2050, along with the recently adopted draft act on the openness of housing prices, aimed at improving the situation of buyers on the real estate market.

-The draft anti-patodeloper act by Poland 2050 is an important step towards strengthening the protection of property buyers and the elimination of existing legal gaps-notes in an interview with “Wprost” legal advisor Krzysztof Granat, a managing partner at the K&L Legal Granat and partner law firm in the law firm.

Development agreements under the warranty regime

The expert draws attention to a key change, which in his opinion can realistically strengthen the position of buyers on the real estate market.

– The most important solution is to take up development contracts with the warranty regime, in accordance with art. 556 et seq. KC, which will allow buyers of apartments, houses and commercial premises to claim claims on terms similar to classic sales contracts. It is also particularly important to clearly regulate the developer’s responsibility for defects in common parts and housing infrastructure, which so far often remained beyond effective legal protection – says Krzysztof Granat.

Expert: “This will increase quality on the development market”

According to the lawyer, the introduction of solutions proposed in the project will increase the implementation standards of investment and strengthen the position of consumers.

– The project provides for the possibility of the buyer to use the full catalog of claims: notification of the defect, demanding its removal, reducing the price, repair of damage, and with significant defects – withdrawal from the contract. These solutions will contribute to a real increase in quality on the development market – notes Mac. Granat.

In the opinion of the expert, new regulations should not significantly affect the level of offer prices, although they can lead to an increase in the number of court disputes and complaint proceedings

– Customers, having more effective tools, will most likely be more likely to use them – says the lawyer.