The openness of the prices of sold premises is a sell? “It will cover only 12 percent of the market”
The Act on price openness was aimed at making the client easier to quickly check the current prices of apartments and better understand the developer's offer. Industry representatives say directly: the idea of the law is right, but the shape that it took in practice, like the mode of its adoption, is already concerned. The rapid procedure mode meant that a law was created, which will cover 12.4 percent. market. According to the Polish Association of Development companies, the last resort to improve this act is the Senate, which will deal with it during the Tuesday meeting of the Infrastructure Committee.
– The very idea related to the adoption of the Act on price openness was good. As the Polish Association of Development Companies, we issued a recommendation for our members to publish the prices of apartments. We assess that this is very important for a certain culture of real estate, as well as consumer comfort. However, we are very concerned about the turnout between the intentions related to the Act on price openness and its final shape. The first thing that I would like to pay attention to is that the bill is proceeded in a special mode, the so -called parliamentary mode – says Newseria Bartosz Guss news agency, general director of the Polish Association of Development Companies. – Due to the fact that this mode is faster, the legislative path is shortened, we think that it should be monitored all the more for compliance with the law and many other aspects. The legislative process itself was already a record two days at the Commission stage in the Commission to adopt the Act by the Sejm. As a result, a legal act like a sieve, Swiss cheese, containing many legal sets, which should not take place.
A parliamentary draft act amending the act on the protection of the rights of a buyer of a dwelling or a single -family house and a development guarantee fund and the Act on competition and consumer protection, because this is the full title of the Act, was adopted by the Sejm on April 24, when the second and third reading of the text of the Act took place after work in the infrastructure committee. The position of the commission was presented two days earlier.
– As a lawyer, I am absolutely amazed that the Supreme Court's comments were rejected, horror, also the Office of Competition and Consumer Protection, i.e. a state organ, which will exercise and supervise it. We are in favor of prices, but we are also in favor of creating good law, and this act does not serve the good law and does not serve the intention that the legislator mentioned – indicates Bartosz Guss. – Parliament wholesale rejected all comments, both government administration, professional corporations, such as legal advisers, but also the Polish Association of Development Companies. And as a reminder of the development company, today they are responsible for 97 percent. multi -family housing market, so it would also be worth listening to us as practitioners in this topic.
In the intention, the project concerns the imposition of developers on developers, as well as to other entities offering the sale of real estate established as part of development investments of several obligations. These are The obligation to run your own website, on which prices are given from the beginning of the start of sales along with all changes to them, as well as the obligation to provide all the components of the final sales price, including all cash benefits that the buyer will have to pay in the event of the conclusion of the contract. The project also defines sanctions for non -compliance with the duties introduced by the amendment.
The Polish Association of Development Companies indicates three basic mistakes made by the legislator. The first is to limit the price requirement in the Act to a narrow catalog of contracts, i.e. sales contracts. Meanwhile, the majority of contracts between the developer and the buyer is concluded at the stage of preparation for the building of the building, so they are the so -called Development agreements. Research conducted on the example of the Tri -City shows that the Act in the shape adopted by the Sejm would concern only 10 percent. contracts.
– We also pay attention to the obligations in the scope of providing information to the Dane.gov.pl portal, the regulations are imprecise and even the Ministry of Digitization, which we have already asked several times for help in interpreting these provisions, cannot answer us – describes the general director of the Polish Association of Development Companies.
The next element concerns the issue related to parts belonging to the premises, such as a parking space, because the Act introduces the obligation to publish this part of the price. Since the buyer is not obliged to purchase a belonging part, in the case of a multi -family building with e.g. 200 parking spaces at the stage of making the price public the price of all 200 parking spaces. The development industry is also opposed to the penalties provided for in this Act for publishing incomplete information. According to Bartosz Guss, 10 percent Income for the person conducting activity seems to be an hostile act in relation to the selected professional group.
– What is particularly surprising is a manifestation of the legislator's exceptional negligence that he also added all the entrepreneurs to this catalog of developers who once purchased the property from the developer. When resale of such premises, they must apply all the provisions arising from this bill, i.e. they must set up their own website, they must disclose the price along with belonging, they must publish an investment project of such a property – says the expert. – So, for example, a hairdresser, a doctor, a notary public who once bought such a place, will also have to perform all these duties. There was certainly no such intention of the legislator. The last window that remained to save this law was a meeting of the Senate Commission, to which we sent our comments, and the High Chamber of Parliament.
Notes submitted by developers on Platform X commented by the Minister of Funds and Regional Policy Katarzyna Pełczyńska-Nałęcz.
– You understood that the Act on the openness of the prices of apartments cannot be stopped. That is why you try to undermine her in all ways. You try to prepare the land for a boycott of the Act under the pretext that it is “holes” – commented the minister and added. – I have good advice for your developers: instead of looking for a hole in the whole and find another excuse, why you can't reveal prices – get ready to apply the act. Because she will come into force.
Damian Kaźmierczak from the Polish Association of Construction Employers referred to the words of Minister Pełczyńska-Nałęcz.
– What if this law actually turns out to be a legal sell and does not meet the expectations placed in it? History shows that in the history of Polish legislation over the past 15-20 years a lot of legal bows have happened – he emphasized.
The Senate Infrastructure Commission will meet on May 13 at 16:00, while the Parliament's higher chamber plans to take care of the project at the meeting, which will take place on May 14 and 15.
