Experts quoted by TVP Info indicate that in accordance with the so-called development act, If the developer fails to meet the deadline for transferring ownership of the apartment, the buyer has the right to withdraw from the contract. However, before this happens, the buyer must give the developer an additional 120-day deadline to fulfill the obligation. If this time is not enough, the buyer may request a refund of the funds paid within 30 days. In case of no return, DFG comes to the rescue, paying the amount due and taking debt collection actions against the developer.
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The RynekPierwotny.pl portal, whose analysis is quoted by TVP Info, found that in 2025, 35 buyers have already used this procedure, of which 24 recovered their funds – a total of over PLN 6.5 million. The average refund amount was approximately PLN 270,000. PLN per person. In most cases, DFG paid out the money within the statutory deadline of 30 days, although in exceptional situations this time may be extended to 90 days.
Problem with the developer? Who can benefit from DFG protection?
The protection of the Developer Guarantee Fund only covers contracts concluded after July 2022. However, from July 1, 2024, the fund will cover all newly concluded development contracts. By the end of September, approximately 203,000 people were already using DFG protection. customers who concluded contracts for the purchase of over 131,000 apartments and houses. Most such transactions took place in the largest Polish cities, including Warsaw (21.3 thousand), Kraków, Wrocław, Gdańsk, Łódź and Poznań.
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In previous years, resigning from the contract with the developer was not very profitable, mainly due to the dynamically rising housing prices. However, the situation has changed. There are more offers on the market, including ready-to-move-in apartments, which increased competition and resulted in price reductions. Some developers have started offering attractive discounts, which makes buyers gain a negotiating advantage.
Apartment from the developer. When else can you withdraw from the contract?
In addition to delays in the transfer of ownership, the right to terminate the contract also applies in the event of significant defects in the premisesu. If the developer does not acknowledge the defect, the buyer may commission an opinion from a construction appraiser. If the defect is considered significant, the buyer has the right to withdraw from the contract. If the developer refuses to refund the money, DFG steps in again and pays the client the funds due.
