On May 10, 2026, a draft bill amending the Act on the Protection of the Rights of Purchasers of Residential Premises or Single-Family Homes and on the Developer Guarantee Fund and Certain Other Acts (the "Draft") was published on the Government Legislation Center website. The draft bill introduces a number of changes significant from the perspective of entities implementing housing investments, in particular those concerning the liability of special purpose vehicles, the procedure for accepting premises, and the rules for the operation of housing escrow accounts.
Undoubtedly, the Project contains a number of solutions that may significantly impact the daily functioning of developers and the way they organize residential investments.
Limiting the liquidation of special purpose vehicles
One of the groundbreaking changes envisaged in the Project is the limitation of the possibility of terminating the activity of companies carrying out development projects.
The project envisages that:
a) in the case of a limited liability company, liability under the warranty for defects in real estate will be transferred to the partners upon dissolution of the company – by operation of law;
b) in turn, the dissolution of a simple joint-stock company and a joint-stock company will be possible no earlier than after 5 years from the date of transfer of ownership of the premises or single-family house to the buyer - although there is no reference here whether it concerns the first or the last such residential premises or house.
The justification states that this is the project promoter’s response to the practice of using special purpose vehicles (SPVs) to implement individual housing investments and their subsequent liquidation before the warranty period expires.
It seems that from the perspective of many large developers, a desirable alternative would be the statutory ability to transfer a developer's warranty obligations to another entity, such as a core group company or a company dedicated to handling warranty claims. This would reduce the costs of maintaining companies solely for the purpose of potential warranty claims.
Changes in the procedure for accepting residential premises
The project also envisages significant changes regarding the acceptance of apartments and single-family houses.
According to the proposed regulations:
a) the acceptance of the premises will have to take place in the presence of the developer or his representative – which was usually the case anyway;
b) the buyer will be able to provide a list of defects also after receipt, within 14 days, including electronically.
The drafters indicate that the purpose of the changes is to enable buyers to consult with technical experts and to increase the effectiveness of pursuing claims regarding defects in the property. However, this will certainly lengthen the acceptance procedure.
Broader control of banks over development projects/investment projects
The project also expands the scope of control performed by banks maintaining residential escrow accounts.
First of all, before each disbursement of funds – and not, as before, only after the completion of each stage – the bank will be obliged to verify all the elements indicated in Article 17, paragraph 4, point 1) of the Development Act.
Additionally, the bank is to examine two additional circumstances, i.e.:
- the developer transferring the reservation fee to the residential escrow account, if such a fee was collected by the developer,
- the developer fulfilled the obligation to submit information to the DFG on time.
In practice, this will mean greater formalization of the fund withdrawal process, an increase in the number of documents required by banks maintaining trust accounts, and consequently, their costs.
Price indexation prohibited
The bill also provides for the introduction of a statutory ban on indexing the price of a residential unit or a single-family house to the detriment of the buyer after signing a development agreement.
According to the proposed Article 36a: "The price (...) shall not be subject to indexation to the detriment of the buyer. Any rights to indexation contained in the agreement between the developer and the buyer are invalid."
Although in practice some of the largest market entities have already limited the use of indexation clauses, the Project definitively determines that the risk of an increase in investment costs remains with the developer.
Entry into force and transitional provisions
In principle, the Project is to enter into force 30 days after its announcement, with some of the regulations concerning the DOM Portal being implemented in stages until 2027.
The draft also includes transitional provisions aimed at limiting the retroactive effect of the new regulations. This will undoubtedly lead to differences in the situations of different buyers in the same development project or investment project, and may also require updating agreements with banks maintaining escrow accounts.
According to the Project:
a) the existing provisions shall apply to contracts concluded before the entry into force of the Act;
b) the new regulations on the liquidation of companies will apply only to proceedings initiated after the entry into force of the Act;
c) the existing provisions will apply to acceptances whose deadline was set before the entry into force of the Project.
In summary, this is the first draft of the amendment, currently in the legislative process. Public consultations on the draft are ongoing until June 1, 2026, so it may still be subject to change. However, the direction of the proposed regulations is already clear: further enhancement of buyer protection and a gradual increase in developers' organizational and financial responsibility.
The project also involves expanding the DOM Portal, but we will deal with this next week.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of May 18, 2026.
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