As we indicated last week, the draft act amending the act on the protection of the rights of purchasers of residential premises or single-family houses and on the Developer Guarantee Fund and certain other acts (the “Draft”) provides not only for changes concerning the acceptance of premises, escrow accounts and the liability of special purpose vehicles, but also for the further expansion of the Housing Trading Data Portal (the “DOM Portal”).
The proposed changes may significantly impact not only the level of transparency in the housing market, but also the way developers compete and the risk assessment by buyers and financing institutions.
PORTAL DOM – NOT ONLY TRANSACTION PRICES
The DOM portal was originally conceived as a tool for presenting data on transaction prices for residential properties and single-family homes. However, the project goes much further.
According to the justification for the Project, the aim of the new regulations is to increase the security of buyers by providing them with access to information regarding the activities of developers and the development projects they implement.
The project assumes that the DOM Portal will publish, among others, information regarding:
a) delays in development projects and investment tasks;
b) withdrawals from contracts by buyers;
c) payments from the Developer Guarantee Fund;
d) developer's arrears to DFG;
e) restructuring and bankruptcy proceedings;
f) protection measures applied by the President of the Office of Competition and Consumer Protection;
g) decisions of construction supervision authorities.
In practice, this means creating a publicly accessible system of information about developers' activities. From the buyers' perspective, it would be important for developers to also have the right to disclose the reasons for events, such as severe winter weather or prolonged administrative procedures, that contributed to project delays.
Interestingly, it can be assumed that the data published on the DOM Portal will be analyzed not only by buyers, but also by banks financing housing investments and mortgage loans of customers.
GREATER FORMALIZATION OF THE HOUSING MARKET
The project also envisages a further increase in the scope of data reported to the DFG, which will also indirectly affect the functioning of the DOM Portal.
Combined with the planned extension of the supervisory obligations of banks maintaining housing escrow accounts, this means further formalisation of the housing market.
From the developers’ perspective, this means: (a) increased reporting obligations; (b) the need to continuously monitor the compliance of data submitted to DFG; (c) increased compliance; (d) greater importance of internal procedures and document flow.
Undoubtedly, developers will have to prepare for these changes.
PORTAL DOM AND COMPETITION ON THE MARKET
The proposed changes could also significantly impact how investors compete in the housing market. Until now, competitive advantage has primarily been built on attractive pricing and investment location.
After the Project comes into force, the following may also become more important: (a) timely completion of the investment; (b) the developer’s organizational and financial stability; (c) the history of relations with buyers; (d) the number of disputes or withdrawals from contracts.
In practice, this may lead to further professionalization of the market and an increased advantage of the largest and best-organized entities.
ENTRY INTO FORCE
According to the Project, some of the provisions regarding the DOM Portal are to be implemented in stages by 2027.
In summary, we emphasize that as of the date of this article, the Draft is still in the public consultation phase, in which we are also participating, consulting on proposed changes developed by the Polish Association of Developers. Therefore, the proposed solutions may still change. However, the direction of the proposed regulations is already visible: further increasing the transparency of the housing market and expanding developers' information and organizational obligations.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of May 18, 2026.
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