The developer wants subsidies for the apartment. New regulations may change the rules

The contract has been signed, the price has been determined, and the apartment is under construction. Suddenly, the developer offers an annex: an additional payment, extension of the deadline or waiver of some of the claims.

As experts from the RynekPierwotny.pl portal point out, the mere proposal to change the conditions does not have to be illegal. Exerting pressure by suggesting that the client may not receive the apartment without consent to the annex may, however, violate consumer rights.

The new regulations are intended to freeze the price after signing the contract

The problem of increasing the price after concluding the development agreement was also noticed by the legislator. The draft amendment to the Development Act prepared by the government, numbered UD361, provides for a statutory prohibition of indexation of the price of a residential premises or a single-family house to the detriment of the buyer after signing a development agreement or binding agreement. In this way, the buyer would obtain a guarantee of price stability, and the risk of an increase in the investment costs would be borne by the developer.

– This would be a significant change compared to the current legal status. Today, the possibility of changing the price must be assessed primarily on the basis of the content of a specific contract and the clauses contained therein. After the proposed regulations enter into force, the indexation clause itself could no longer lead to an increase in the price to the detriment of the buyer after concluding the contract – comments Jarosław Jędrzyński, expert of the RynekPierwotny.pl portal.

For now, however, this is a designed solution, not applicable law. The UD361 project is still under government work, and its adoption by the Council of Ministers is scheduled for the third quarter of 2026. The final shape of the regulations may still change.

The annex is an amendment to the contract, not an order

The annex does not become effective just because the entrepreneur sent it. Changing the terms of the contract generally requires the consent of both parties. The buyer should therefore treat such a document as a new contract proposal, which may change the price, deadlines, contractual penalties or the scope of the developer’s liability.

In the case of a development contract, the form of such a change is also important. Since the contract itself is concluded in the form of a notarial deed, its modification generally also requires maintaining this form.

The most important question, however, is: what results from the already signed contract? If it contains a fixed price and provides no mechanism for changing it in certain circumstances, the developer should not present the increase as an automatic obligation of the customer. However, if the contract contains a precise indexation clause, its scope, method of calculating the increase and legality must be checked.

This does not mean that the entrepreneur is deprived of the possibility of seeking changes to the terms of the contract in every situation. In extraordinary circumstances, it may attempt to bring an appropriate claim to court. However, pursuing your rights legally is one thing, and another thing is unilaterally presenting the subsidy as a condition for obtaining ownership of the apartment.

The buyer should not base his decision on a telephone assurance that “everyone has already signed.” What matters is the content of the contract, the proposed annex and the written justification of the request.

The Office of Competition and Consumer Protection’s allegations concern pressure, not the negotiation itself

On March 9, 2026, the President of the Office of Competition and Consumer Protection announced charges against three entrepreneurs. According to the Office, messages addressed to buyers could encourage them to accept a higher price or refrain from pursuing claims for fear of not obtaining ownership of the apartment.

The Office of Competition and Consumer Protection indicated situations in which consumers could read the message in this way: if they do not accept the new conditions, the investment may not be completed or the ownership of the premises will not be transferred to them. The Office examines whether such actions constituted undue pressure significantly limiting the consumer’s freedom of decision.

At the stage of publication of the announcement, these were allegations in ongoing proceedings, not final decisions determining the entrepreneurs’ liability. This difference is important. However, the case shows what behavior the regulator considers to require detailed investigation.

The company’s difficult situation does not invalidate the contract

Increased construction costs, contractor problems or deteriorated financing conditions may be a real burden for the developer. This does not mean, however, that business risks can simply be unilaterally transferred to customers.

If the company claims that it will not complete the investment without subsidies, the buyer should demand specifics. Information is needed about the legal and contractual basis of the request, the progress of construction, investment financing, operation of the housing escrow account and securing the buyer’s interests.

An additional payment alone does not guarantee the completion of the project. The buyer should therefore assess whether the proposed solution actually removes the source of the problem or only postpones it.

Giving up claims is particularly risky

The annex may contain more than just a new price. The developer may expect that the client will accept the later deadline and at the same time agree to waive contractual penalties, due compensation, damages or other claims related to the delay.

Such a concession may have a value much greater than the surcharge visible at first glance. If a delay forces the buyer to lease longer, incur additional financing costs or store equipment, the actual cost of rescheduling can quickly escalate.

Before signing the annex, it is worth calculating:

• the amount of already accrued and potential future penalties or compensation,

• additional cost of rent or financing,

• expenses resulting from changing the moving date,

• the value of the rights that the buyer would give up,

• benefit offered in return by the developer.

Agreeing to a later date may be rational if the buyer receives real compensation and a credible schedule for further work in return. However, it should not be the result of threats or pressure.

What to do after receiving the annex?

The first rule is no rush. You should not sign a document during a meeting just because the company representative has set a short deadline for making a decision.

The safe sequence of actions is as follows:

1. Ask for a draft annex and full justification of the proposed changes in writing.

2. Save emails, messages and notes from conversations, especially if they contain threats or attempts to exert pressure.

3. Compare the proposal with the development agreement and information prospectus.

4. Check whether the request is based on the contract, e.g. in the indexation clause, or in legal provisions.

5. Calculate the value of all rights and claims that the buyer would have to waive.

In the event of a significant change in price, deadline or developer’s liability, consult the document with a lawyer familiar with the development law.

In an individual case, seek help from the municipal or district consumer ombudsman, and if you suspect a practice affecting a wider group of customers, also provide information to the Office of Competition and Consumer Protection.

The Office of Competition and Consumer Protection runs the website prawkonsumenta.uokik.gov.pl, while assistance in a specific case can be provided primarily by a consumer ombudsman or a lawyer. In case of a dispute regarding a large amount and the right to the premises, it is usually necessary to analyze the entire documentation.

Refusal to sign does not end the matter

A buyer who rejects the addendum should continue to monitor the investment. It is worth monitoring the progress of work, information regarding the housing trust account, entries in the land and mortgage register and the deadlines specified in the contract.

If the developer announces that the construction will be stopped or there are real problems with the further implementation of the investment, the matter may go beyond just negotiating the price. It then becomes necessary to assess the protection of payments, the grounds for withdrawal from the contract and whether the mechanisms of the Developer Guarantee Fund may be applicable in a given situation.

DFG is not a general guarantee of completion of every investment at risk. Its operation is activated in the cases specified in the Act. Therefore, the decision to withdraw from the contract should not be made without first checking the legal and financial consequences.

Not every compromise is a surrender

Changing the contract can be beneficial to both parties. Postponing the deadline may be more reasonable than a multi-month dispute, and the additional payment may be justified by a change in the standard or scope of services made at the buyer’s request.

However, the condition should be voluntariness, transparency and proportional benefit to both parties.

The limit is crossed when the customer formally has a choice, but the entrepreneur’s actual message comes down to the following statement: pay extra or you may lose your apartment. This is the type of pressure that the Office of Competition and Consumer Protection has come under the microscope of.

– In a transaction worth hundreds of thousands of zlotys, the signature should not be a reaction to fear. The annex must be read like a new contract – with a calculator, documents and, if necessary, independent legal advice – summarizes Jarosław Jędrzyński.

Author: Jarosław Jędrzyński, expert of the RynekPierwotny.pl portal