There's no doubt that September was full of announcements of changes that, if implemented, will impact the real estate market. Therefore, we've decided to divide our discussion into two parts. Today, we'd like to draw your attention to the parliamentary bill, Poland2050, proposing another amendment to the Development Act , which appeared on the Sejm website on September 23, 2025. Next week, we'll summarize the announcements of changes to the Spatial Planning and Development Act.
The planned amendment to the Developer Act includes the addition of a new Article 5a, which will legally define the method for calculating the price of a residential unit based on its usable area . According to the bill's authors, the amendment is intended to eliminate market discrepancies regarding the method of calculating the area of residential units.
Analyzing the proposed changes and their justification, we see several basic issues that should be taken into account in the next stages of the legislative process.
First, the draft refers to the "Polish Standard for the Determination and Calculation of Area and Volume Indicators in Construction," but lacks a reference to the year of issue of this standard or an indication that it refers to the current standard. This seemingly minor issue, however, the lack of this clarification could lead to interpretation disputes—especially if the standard changes during the project. Meanwhile, there should be no doubt that the same standard—i.e., the one adopted for the construction design—should be used to calculate area within the same development project or investment project.
Secondly, the transitional provision stipulates that the Act is to apply to agreements concluded after its entry into force. However, these changes should apply to projects where sales will commence after the amendment takes effect. The proposed transitional provision will create an unequal situation for buyers of apartments in the same development. Considering the consistency of implementation of development agreement terms and buyers' situations, the changes should not apply to projects that have already commenced. Furthermore, such changes will likely require amendments to the escrow account agreement, which requires the consent of all existing buyers. Experience shows that obtaining such consent from all parties to development agreements is impossible, and even if it is possible, it takes a very long time. Such a change could, therefore, negatively impact the investment's liquidity.
Third, the proposed vacatio legis of 14 days is too short. If the act were to apply to development projects or investment projects that have already begun, it would result in a suspension of sales. The proposed changes will require changes to design documentation, unit cards, development agreements, and information brochures, and their implementation, even for a single development project, would be far too short. In this case, the risk of amending the escrow account agreement, described above, also materializes.
Fourth, for many years, the market has been pointing to the need to standardize the method of measuring usable floor area across various legal acts. Currently, these issues are regulated by, among others, the regulation on the detailed scope and form of a construction design, which specifically references the PN-ISO standard; the Act on the Protection of Tenants' Rights, Municipal Housing Resources, and Amendments to the Civil Code; and the Act on Local Taxes and Fees. Each of these legal acts calculates usable floor area differently, and if the draft is adopted, another source will emerge: the Developer Act.
Finally, in our opinion, imposing a top-down method for calculating the price of a residential unit disproportionately interferes with the fundamental principles of freedom of economic activity. Businesses should have the right to shape their own offering, including the price of the unit, and if this is clear and understandable to the consumer, the legislature should not interfere.
In summary, the intention to regulate the calculation of usable floor area of premises is undoubtedly sound. Currently, there are significant discrepancies in Polish regulations regarding the calculation of usable floor area. However, in our opinion, this issue requires more systemic changes than simply amending the Developer Act.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of October 6, 2025
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