Transparency of prices on the primary market – 11 September 2025 as the final deadline for full implementation of new obligations

On 11 July 2025, an amendment (the “Amendment”) to the Act on the Protection of the Rights of the Purchaser of a Residential Unit or a Single-Family House and on the Developers’ Guarantee Fund (the “Act”) entered into force. This change introduced a significant obligation for developers to publish offering prices of apartments and houses in an open and transparent manner. For development projects launched before 11 July 2025, the legislator provided for an adjustment period, with the deadline for full implementation of the new obligations set for 11 September 2025.

The main purpose of the Amendment was to increase transparency in the primary market and to strengthen consumer protection. The legislator recognised that the lack of transparent rules on disclosing offering prices hindered purchasers from comparing investments and fostered inconsistent market practices. The introduction of a uniform obligation to publish prices is intended to reduce the risk of disputes and to build greater trust between developers and buyers.

Under the Amendment, developers are required to:

  1. run a website dedicated to each project from the start of sales, and in the case of reservation agreements – even before their signing.
  2. Publish gross offering price (including VAT), covering:
    • the price per square metre of usable floor space;
    • the total price of the unit or house;
    • the price of appurtenant premises and rights necessary for the use of the property (e.g. garages, parking spaces, storage rooms);
    • other financial considerations connected with the acquisition of the unit;
  3. Keep a record of price changes – each modification must be dated and made available in a way that enables verification of earlier amounts.
  4. Report pricing data daily to the minister responsible for digitalisation. Reporting is continuous and also covers days when no changes occur. The data is subsequently published on the dane.gov.pl portal.
  5. Include in marketing materials a reference to the website where all required information is provided.

The Amendment stipulates that if the price set in the sale contract is higher than the price published on the website, the purchaser may demand that the contract be concluded at the more favourable – i.e. previously disclosed – price.

Failure to comply with the new disclosure obligations may be classified as a practice infringing collective consumer interests, which may trigger intervention by the President of the Office of Competition and Consumer Protection, including the imposition of financial penalties.

The introduced regulations substantially change the everyday practice of developers. Price transparency requires more careful planning of discount and promotional policies, as well as proper management of historical offers. At the same time, purchasers gain easier access to reliable data and the ability to enforce more advantageous conditions.

Although the Amendment imposes additional organisational and technological obligations on businesses, in the longer term it should contribute to a more orderly and predictable market

Aleksander Drogosz

paralegal

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