February in Real Estate

In February 2026, a certain slowdown is visible in the processing of legislative changes compared to the pace of work seen at the end of last year. However, in the middle of the month, a key change concerning contracts concluded in the development industry entered into force.

Contracts with Developers Redefined

All contracts concluded by developers with purchasers from February 13, 2026 that concern the transfer of property ownership must meet the requirements set forth in the amendment to the Act on the Protection of Purchaser Rights (the so-called Developer Act) of December 4, 2025.

From February 13, 2026, developers must determine the price of a unit as the product of the price per m² and the usable area calculated in accordance with the PN-ISO 9836 standard in force on the date of filing the application for a building permit.

The Act leads to the standardization of practices applied in development contracts, reservation agreements, or property transfer agreements by limiting the possibility of developers freely determining the price and area of units. In particular, the legislator aimed to eliminate the practice of basing the unit price on an area that includes the area under partition walls.

It should be noted that the consequence of the Act entering into force was the necessity to adapt all contracts concluded by developers with purchasers from February 13, 2026 to the new regulations, forcing the industry to undertake a comprehensive revision of the provisions used in contracts.