Changes in housing in 2026. Buyers will benefit, but will pay a higher price

— After years of chaos and arbitrariness, the legislator has clearly decided how to count meters and how to determine the price based on them, he adds.

New article 5a of the Act states explicitly that:

• usable area must be calculated in accordance with the relevant Polish Standard,
• the price of the premises is the product of the price per 1 sq m and the actual usable area,
• other settlement methods are illegal.

The most important change concerns the area under the partition walls. Fixed partition walls will not be included in the usable area, but removable walls will. In practice, this means one thing: buyers will stop paying for meters that they cannot actually use.

As the expert reminds, the changes are a response to numerous interventions by the Office of Competition and Consumer Protection and court disputes. — There were concepts on the market such as 'settlement area' or 'perception area' that misled consumers. Now comparing offers will become much easier, emphasizes Zdanowska.

Additionally the price of attached rooms, such as garages or storage rooms, will have to be determined separatelywhich will further increase the transparency of offers.

Housing cooperatives: less protection for debtors, more for the community

The year 2026 is also fundamental changes in the Act on housing cooperatives. They will be most felt by people who use the cooperative tenant's right to the premises.

So far, the system has provided great protection to indebted tenants. Even if the right to the premises expired due to arrears, it was possible to recover it after repaying the debt – often even after the end of the court proceedings.

— The legislator decided that this model is unfair to other residents. In practice, some tenants were in debt for years, and the costs were borne by the entire cooperative – explains the attorney. Joanna Zdanowska.

New regulations:

• they eliminate the possibility of “saving” tenant rights in the final stages in court,
• abolish the claim for re-establishment of law after repayment of the debt,
• strengthen the position of cooperatives in collecting receivables.

But that's not all. The act will also eliminate the provision according to which the cooperative's claim to supplement the construction contribution expired three months after the building was put into use..

— This term was in practice a fiction. In many cases, the amount of the contribution was determined after its expiry, which effectively blocked the pursuit of claims, the expert notes.

The new regulations will also cover future contracts for the construction of premises. They will have to clearly specify whether and when it will be possible to transform tenant rights into full ownership – or explicitly indicate that such a transformation will not take place.

See also: New regulations on shelters will hit the real estate market. What are MDS and SPZ? We translate

Shelter Act and Construction Law: safety costs money

From January 1, 2026, the Civil Protection and Civil Defense Act, commonly referred to as the Shelter Act, is also in force.. It imposes new design obligations, especially on multi-family buildings and public utility facilities.

Buildings are to be designed to enable the organization of:

• emergency shelter places,
• temporary hiding in crisis situations,
• spaces that meet minimum safety requirements, often on underground floors.

— Although the idea of ​​​​increasing security is right, the lack of full implementing regulations remains a problem. This makes investment planning difficult and increases cost risk, says attorney. Zdanowska.

Additional design, material and operating costs will most likely be passed on to home buyers.

They enter into force at the same time changes in construction law. The catalog of investments that do not require a building permit and sometimes even a notification is being expanded. This includes, among others:

• free-standing home shelters up to 35 sq m,
• ground terraces,
• swimming pools and ponds,
• selected energy storage facilities.

Also simplified legalization of older unauthorized construction works (10 years after the completion of the works) and the so-called “yellow card” procedure.

— It's a nod to investors. Instead of immediately stopping construction, there is a real chance to correct errors without paralyzing the investment – emphasizes the expert.

Spatial planning: risk of investment congestion

For dessert, the legislator serves changes in spatial planning. By June 30, 2026, each municipality must adopt a new general plan. From July 1, decisions on development conditions will have to be consistent with it.

Failure to plan means serious consequences:

• no possibility of issuing new development conditions,
• inability to adopt local plans,
• real risk of investment paralysis.

Additionally, from January 1, 2026, new GM decisions will be issued only for 5 years.

— This is a huge organizational challenge for municipalities and a significant risk factor for investors. The year 2026 may be a moment of temporary freezing of part of the market – sums up the attorney. Joanna Zdanowska.

One thing is certain: 2026 will go down in the history of the real estate market as a time of profound reconstruction of the rules of the game. Buyers will gain greater protection and transparency, but the bill for the changes may end up being higher than many expect.