The legislature will handle the Publicity of Locals Price Act for Sale

The Price Transparency Act was intended to facilitate the customer's fast checking of current housing prices and to better realize the developer's offer. Representatives of the manufacture say plainly: the thought of the bill is correct, but the form it took in practice, like the way it was passed, is already worrying. The fast mode of action resulted in a bill that would cover 12.4 percent of the market. According to the Polish Association of Developers' Companies, the last hotel to correct this act is the Senate, which will take care of it at the Tuesday gathering of the infrastructure committee.

– The thought behind the adoption of the Publicity of Price Act itself was good. As a Polish Association of Developers, we issued a advice for our members to print housing prices. We estimation that this is very crucial for a culture of real property acquisition as well as consumer comfort. However, we are very afraid about the separation between the intentions of the Price Transparency Act and its final shape. The first thing I would like to draw attention to is that the bill is being drafted in a peculiar mode, alleged parliamentary mode – says Newseria Bartosz Guss, CEO of the Polish Association of Developers. – Since this mode is faster, the legislative way is shortened, we believe that it should be monitored even more in terms of compliance and many another aspects. The legislative process itself already at the committee phase to pass the bill by the Sejm lasted record-breaking 2 days. As a result, a legal act like a sito, Swiss cheese, containing many legal buffers that should not take place.

The Polish bill on the amendment of the law on the protection of the rights of the purchaser of a dwelling or a single-family home and the Developer warrant Fund and the competition and consumer protection law, due to the fact that that is the full title of the law, was passed by the Sejm on 24 April, erstwhile the second and 3rd reading of the text of the law took place after work in the infrastructure committee. The position of the committee was presented 2 days earlier.

– As a lawyer, I am absolutely amazed that the attention of the ultimate Court, of horror, besides of the Office for the Protection of Competition and Consumers, i.e. the state body, which will exercise care and supervision of its application, has been wholesalely rejected. We are in favour of the transparency of prices, but we are besides in favour of the creation of good law, and this bill does not service good law and does not service the intentions which the legislator mentioned According to Bartosz Guss. – The Parliament wholesalely rejected all comments, both government administration, professional corporations, specified as legal advisers, but besides the Polish Association of Developers. And as a reminder to developers today, they are liable for 97 percent of the multi-family housing market, so it would besides be worth listening to us as practitioners on this topic.

The task aims to impose respective obligations on developers as well as on another entities offering the sale of real property created as part of improvement investments. This includes the work to keep its own website, on which prices are given from the beginning of the sale, together with all changes to the sales, and the work to indicate all components of the final sale price, taking into account any cash benefits that the buyer will gotta pay in the event of the conclusion of the contract. The draft besides lays down sanctions for non-compliance with the obligations introduced by the amendment.

The Polish Association of Developer Companies points to 3 basic errors made by the legislator. The first is to limit in the law the request of price transparency to a narrow catalogue of contracts, i.e. sales contracts. Meanwhile, quite a few contracts between the developer and the buyer are concluded at the phase of preparation for building construction, so these are alleged improvement contracts. According to a survey carried out on the example of the Tricity, a bill of the form adopted by the Sejm would apply to only 10% of contracts.

– We besides draw attention to the obligations to supply information to the portal Dane.gov.pl, the regulations are imprecise and even the Ministry of Digitisation, which we have asked respective times for aid in interpreting these provisions, cannot answer us – describes the CEO of the Polish Association of Developers.

The second component concerns issues relating to the parts belonging to the premises, specified as the parking space, as the Act besides introduces an work to print this component of the price. Since the buyer is not obliged to acquisition a part of the property, in the case of a multi-family building with, for example, 200 parking places at the public price stage, the developer should specify the price of all 200 parking places. The improvement manufacture besides opposes the penalties provided for in this Act for publishing incomplete information. According to Bartosz Guss, 10% of the income for a business individual seems to be hostile to the chosen professional group.

– What is peculiarly amazing is the exceptional negligence of the legislator, that he besides added to this catalog of developers all the entrepreneurs who erstwhile acquired property from the developer. erstwhile selling specified a premises, they must apply all the provisions resulting from this bill, i.e. they must set up their own website, they must disclose the price together with their affiliation, they must print the investment task of specified real property – the expert says. – So, for example, a barber, a doctor, a notary who erstwhile bought specified a place, will besides gotta do all these duties. It surely wasn't the intention of the legislature. The last window left to save this bill is simply a sitting of the legislature committee, to which we have sent our comments, and a chamber of the higher parliament.

Comments from developers on the X platform were commented by the Minister of Funds and Regional Policy Katarzyna Pełczyńska-Nałęcz.

– You've come to realize that the laws on the transparency of housing prices cannot be stopped. That's why you're trying to undermine it in all way. You are trying to prepare the ground under the boycott bill under the pretext that it is simply a "hole" – commented the minister and added. – I have good advice for you developers: alternatively of looking for a gap in the full and inventing further excuses, why you cannot uncover prices – prepare to apply the bill. due to the fact that she'll come into force.

Minister Pełczyńska-Nałęcz addressed the words on X Damian Kazmierczak from the Polish Association of Construction Employers.

– What if this bill is actually legal and does not meet the expectations it has? past shows that in the past of Polish government over the last 15 to 20 years many legal bublis have happened He stressed.

The legislature Infrastructure Committee will be sitting on 13 May at 4 p.m., and the home of Higher Parliament plans to address the task already at the gathering on 14 and 15 May.