Last week, we discussed the changes to the law in July 2025. This week, we're continuing the topic, focusing solely on the changes introduced in the Act on the Protection of the Rights of Purchasers of Residential Premises or Single-Family Homes and the Developer Guarantee Fund (the "new Developer Act"). In today's article in the series "Tuesday Mornings for the Construction Industry," we'll highlight three changes that have already been adopted.
Price transparency
On July 11, 2025, the Act amending the new Development Act, published on June 10, 2025, regarding price transparency, entered into force. From that date, developers who had not commenced sales by that date will be subject to the amended regulations.
For many developers, however, the obligations will apply from September 11, 2025, as under the transitional provisions, developers have two months to adapt to the new regulations.
The amendment imposes on every developer, among other things, the obligation to maintain a website and publish a range of information regarding the units offered and their prices. Furthermore, every developer is obligated to submit data to the dane.gov.pl – data must be submitted once a day, even on non-working days.
As a law firm, we advise many developers, not only our clients, on how to adapt to the new regulations and we encourage you to contact us.
DFG contributions
In turn, on Thursday, August 7, 2025, the Act of July 25, 2025, amending the Act on Social Forms of Housing Development and certain other acts, was published. This act introduces a DFG contribution for agreements concluded as part of investments commenced before the entry into force of the new Development Act . Thus, after 14 days, the Act of July 25, 2025, will generally enter into force, and the provision of Article 11 will apply to agreements (developer and commitment) concluded after the date of entry into force of the regulations.
It is worth paying attention to Article 22, which is a transitional provision, from which it follows that Article 11 amending the new Development Act applies to development agreements or agreements referred to in Article 2, paragraph 1, points 2, 3 or 5 or paragraph 2 of the new Development Act concluded after the date of entry into force of the Act of 25 July 2025. Therefore, since the Act enters into force on 22 August, the contribution will apply to all agreements concluded after that date, i.e. from 23 August 2025.
To sum up, this means that from Saturday, August 23, 2025, the developer is obliged to pay a contribution to the DFG on all concluded contracts.
Therefore, changes should be introduced to the templates of the agreements used and the rules for paying these contributions should be agreed with the bank managing the MRP. From what we hear from our clients, not all banks are ready for this yet, and there is no information on how to formalize this statutory obligation. However, the DFG reports that its IT system is ready to accept both additional information and contributions for all agreements.
Finally, we also point out that with regard to development or commitment agreements referred to in Article 2, paragraph 1, point 2, 3 or 5 or paragraph 2 of the new Development Act concluded before the date of entry into force of the amendment – regardless of when the payment to the MRP is made – contributions to the DFG will not be paid.
Warranty in the Development Act
On July 9, 2025, another amendment to the Developer Act was passed: the Act Amending the Act on the Protection of the Rights of Purchasers of Residential Units or Single-Family Homes and the Developer Guarantee Fund, introducing a warranty into the Developer Act. The adoption of this provision undoubtedly fills a gap in the new Developer Act, which has been identified in legal literature since 2022.
The Act of 9 July 2025 introduces Article 41a to the new Development Act, which will stipulate that " in the event of transfer to the purchaser of rights arising from a development agreement and the agreement referred to in Article 2, paragraph 1, point 2, 3 or 5, to the extent not regulated in Article 41, and the agreement referred to in Article 2, paragraph 2, the provisions of the Act of 23 April 1964 - Civil Code on warranty in sales shall apply accordingly to the developer's liability for physical and legal defects ."
This law will enter into force 14 days after its publication. As of the date of publication, information about its signing had not yet been published on the President of the Republic of Poland's website.
This Act does not contain any transitional provisions, therefore, in accordance with the principle of non-retroactivity of law, it should apply to contracts concluded after the date of its entry into force.
"HOME" Portal
Finally, "DOM" Portal by circulation It is therefore possible that work on this amendment to the new developer act will also begin after the summer break.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of August 11, 2025
Author / Editor of the series:
