On 21 May 2025, the Sejm adopted an amendment to the Development Act, which aims to increase transparency in the real estate market and better protect buyers of dwellings and houses. The new regulations introduce, among others, an obligation of open publication of the prices of premises on developers’ websites, which should prevent unfair practices and facilitate comparing of offers. The amendment introduces new obligations for developers, in particular the requirement to disclose real estate prices. This will translate into new administrative and organisational challenges for companies operating in the development industry. Foreign entities planning to enter the Polish market will have to adapt their current practice to Polish regulations, which may have a direct impact on their existing business strategies. 

The amendment to the Act on the Protection of the Rights of the Purchaser of a Dwelling or Single-Family House and the Development Guarantee Fund (the “Development Act”), which was adopted on 21 May 2025 after the amendments introduced by the Senate, imposes a number of new obligations on developers. The aim of the amendment is to increase the transparency of the real estate market and to strengthen the protection of the rights of consumers purchasing residential units and single-family houses, mainly by introducing price transparency. 

The new regulations commit developers to maintain websites and publish the price per m2 for each residential unit or single-family house on offer and of all or part of the real estate subject to sale from the date of commencement of sales or from the conclusion of the first reservation agreement. The prices made available must correspond to those specified in the development agreement and include VAT. In the event of a price change, the developer is required both to publish the new price on the website and to retain information on previous prices so that buyers can compare offers over time. The amendment also introduces an obligation to report the above data to the Minister of Digital Affairs on a daily basis. These will be published on a dedicated public website. The introduction of mandatory price disclosure is intended to increase the transparency of the real estate market and also to limit setting of excessive prices. Ensuring consistency between the prices presented in offers and those contained in development contracts will help to eliminate the risk of manipulation of real estate prices, while strengthening consumer confidence in the seller.  

Developers will also be required to publish on their websites information about the prices of ancillary premises (e.g. basements, attics, storage rooms, garages) and other financial obligations that the buyer is required to fulfil towards the developer in the performance of the contract transferring ownership. Moreover, they will also have to make available the general part of the prospectus for the development project. 

A breach of these obligations will be treated as a practice infringing the collective interests of consumers within the meaning of Article 24(2) of the Act of 16 February 2007 on Competition and Consumer Protection. Importantly, the amendment introduces the principle that, in the event of discrepancy between the price published in the offer on the website and the price offered upon conclusion of the contract, the purchaser will have the right to request the conclusion of the contract at the price most favourable to it. 

There are claims that the new regulations partially duplicate the regulations already in force under the Act on Competition and Consumer Protection. Pursuant to Article 24 of this Act, a breach of the obligation to provide consumers with reliable, truthful and complete information constitutes a practice that infringes the collective interests of consumers and provides grounds for the UOKiK President to initiate proceedings and potentially impose penalties. So far, it was sufficient and legal to provide information on real estate prices e.g. only on the premises of the developer’s sales office or in individual communication, so that consumers did not have a common access to information on prices on the real estate market and the possibility to compare them.  

The new regulation aims to force developers to make their offers transparent and clarify their disclosure obligations regarding the prices of real estate sold on the primary market. Once the new regulations come into force, providing price information “individually” will be insufficient to meet the disclosure obligations. Moreover, the failure to provide prices on publicly available websites will be recognised as a practice that violates the collective interests of consumers. 

The amendment to the Development Act is expected to come into force one month after its signing by the President of the Republic of Poland. A two-month vacatio legis is envisaged for developers who start sales before the date of entry into force of the Act. This regulation entails a number of new and additional administrative and organisational obligations, for which a very short implementation period has been foreseen. At the same time, unclear guidelines in terms of the form and scope of published data can lead to ambiguity and potential disputes with the buyers.