In the previous two articles in the series entitled "Tuesday Mornings for Construction Professionals," we discussed the proposed changes to the draft amendments to the Act on the Protection of the Rights of Purchasers of Residential Units or Single-Family Homes and to the Developer Guarantee Fund, dated July 29, 2026 (the "Draft"), concerning, among other things, handovers, the liquidation of development companies, and the liability of partners. Today, we will examine a change that may have particularly significant practical implications: the prohibition on increasing the price of a residential unit or single-family home after concluding a development agreement.
We will also point out another amendment to the Development Act, which has already been adopted, signed by the President and published in the Journal of Laws.
THE PRICE FOR THE BUYER WILL NOT BE ABLE TO INCREASE
According to the current wording of the Draft, the price specified in the development agreement and binding agreements under Article 2, paragraph 1, points 2, 3 and 5 of the Development Act, cannot be increased, including indexed to the detriment of the buyer.
Compared to the original version of the Draft from April 2026, the provision has been amended and its scope is more broadly defined. It no longer simply prohibits price indexation, but also prohibits price increases as such.
The project initiator’s response to the comments submitted during the review process indicates that the intention of this regulation is to guarantee the price remains unchanged for the buyer after concluding the contract with the buyer.
This wording of the price increase ban will be significant not only in the case of classic indexation clauses related, for example, to the increase in the cost of construction materials. During the review, it was noted that such a broad provision could also encompass settlements resulting from the difference between the area specified in the contract and the area determined after the premises are completed. However, the drafters decided not to introduce an exception in this regard.
The wording of the current Project leads to the conclusion that if, after the completion of the premises, it turns out that its area is larger than indicated in the contract, the developer will not be able to increase the price for this reason.
This is therefore of significant importance for the mechanisms currently used to settle differences in the space of a unit after its construction and survey. Many development agreements stipulate that after the as-built survey, the price will be increased or decreased accordingly, depending on the actual space of the unit. After the Project comes into effect, such a symmetrical mechanism may no longer be possible, allowing for a price increase for the buyer.
ANOTHER AMENDMENT TO THE DEVELOPERS ACT ALREADY ADOPTED AND PUBLISHED
In parallel to the Project, work was underway on another amendment, i.e. the Act of 17 July 2026 amending the Act on the protection of the rights of purchasers of residential premises or single-family houses and on the Developer Guarantee Fund, processed as Parliamentary Paper No. 2468, which was signed by the President and then published in the Journal of Laws on 10 August 2026, item 1077.
Its scope is decidedly narrower. It primarily concerns the method of transmitting data on apartment and house prices, as referred to in Article 19b of the Development Act. Data submitted to the minister responsible for computerization must be in the form of an electronic document consistent with a specific data structure.
In this regard, the Minister responsible for computerization will define this data structure by regulation, taking into account the need to ensure uniformity in data sharing on the portal and interoperability in data exchange. Additionally, the Minister will make standard electronic documents available on the data portal to be used to fulfill data sharing obligations.
This means standardizing the technical method of price reporting by developers and limiting the freedom to choose the format of the information provided. In practice, this will require changes to developers' systems to align reporting with the format established in the regulation.
The Act comes into force three months after its publication. As of this writing, the content of the Regulation is not yet known – but it's worth starting talks with system suppliers.
SUMMARY
The proposed price increase ban could significantly impact developers' current practices. Its scope is not limited to indexation, but will also cover price increases resulting from a larger floor area determined after construction or other circumstances that may affect the price after signing the development agreement.
The bill is still in the legislative process and may be subject to further changes. In the next article, we will discuss the proposed changes to bank oversight prior to disbursement of funds from a housing escrow account.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of August 17, 2026.
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