What is the Developer Act and what does it regulate?

The Developer Act is a legal act that defines the rules under which a developer may sell apartments and single-family houses to private individuals. Its main purpose is to protect the buyer, who pays for a property during the construction stage, before the unit is handed over.

The regulations specify the developer’s obligations, how the contract should look, how the funds paid by buyers are secured, and what rights the buyer has during property acceptance.

Developer Act in 2026 – key changes

The planned changes for 2026 focus on several key areas:

• Price linked to floor area – Article 5a requires pricing based on actual area calculated according to a strictly defined standard
• Standardisation of measurement rules – obligation to specify the measurement standard for new developments (not retroactive)
• Ban on unilateral price indexation to the buyer’s disadvantage – the developer cannot increase the price after signing the contract
• More precise reservation agreements – new requirements for contract content and clear refund rules for reservation fees
• Greater transparency in offers – obligation to provide detailed technical data already at the advertising stage
• Warranty protection – safeguarding buyer claims even if the developer’s special purpose company is liquidated
• Expansion of the DOM portal – broader access to data on development projects in a national system

What changed under the 2022 Developer Act?

The most important change was extending protection to a wider range of transactions. The new rules apply not only to units sold during construction but also to completed properties that have not been previously used.

Key changes also include:

Developer Guarantee Fund (DGF)

Developers pay contributions to a fund from which buyers are reimbursed in case of developer bankruptcy or contract withdrawal due to the developer’s fault. The contribution depends on the type of escrow account.

Escrow account

Funds paid by buyers go to a special account and are released to the developer only after specific conditions are met, such as completion of a construction stage or transfer of ownership.

Information obligation

Developers must provide an information prospectus containing details about the investment, land, legal status, and work schedule.

Property handover rules

Buyers have the right to participate in technical inspection and report defects. The developer must remove them within a specified timeframe.

Developer Act vs apartment size and price – what you need to know

One of the most common sources of misunderstanding between buyers and developers is how usable floor area is calculated. Different measurement standards can produce different results for the same unit, which affects the final price.

The 2026 changes aim to reduce this ambiguity by requiring developers to specify the measurement standard already in the sales offer.

Buyers will be able to compare offers more transparently. However, the new rules will only apply to investments approved after the amendment comes into force.

For older projects, it is still essential to carefully verify how the developer calculates floor area and whether the price reflects the actual size.

When does the Developer Act not apply?

The Developer Act does not cover all real estate transactions. It does not apply in cases such as:

• Purchase of a secondary-market property from a previous owner
• Purchase of commercial real estate (e.g. office or service units not covered by the Act)
• Purchases made by businesses when the transaction is related to their business activity
• Projects with permits issued before certain cutoff dates, if transitional rules apply

J.W. Construction ensures that every client has full clarity regarding the legal form of the transaction and their rights, regardless of the project stage.

Developer Act and buying property in 2026

If you are considering buying a new apartment, the changes in the Developer Act directly affect the conditions you can expect. Before signing a contract, check:

Whether the developer uses an escrow account and what type

Whether the information prospectus includes all required data, including land encumbrances

How the developer calculates floor area and which standard is used

What the withdrawal conditions are and whether price indexation clauses comply with new regulations

How the technical inspection process works and how quickly defects must be removed

It is worth asking these questions at the first contact with the sales office. A reliable developer in:

• Chorzów
• Ożarów Mazowiecki

will provide clear answers without delay.

FAQ – frequently asked questions

What is the Developer Act?

The Developer Act regulates the sale of apartments and houses by developers to individuals. It defines developer obligations, contract requirements, protection of funds, and buyer rights during handover and complaints.

When does the new Developer Act not apply?

It does not apply to secondary market purchases, business-to-business transactions, or commercial real estate not covered by the Act. It also excludes projects under transitional rules based on the previous law.

What are the new developer regulations?

Planned 2026 changes include linking price to floor area using a specified standard, banning unilateral price increases, new requirements for ads and reservation contracts, and extended warranty protection in case of liquidation of a developer’s special purpose company.

Does the Developer Act cover completed apartments?

Since 2022, it also applies to completed but previously unused properties. Protection covers not only units under construction but also newly delivered apartments sold to the first buyer.