Author: Kancelaria

An amendment to the Act of 20 May 2021 on the Protection of the Rights of the Buyer of a Residential Unit or Single‑Family House and on the Developer Guarantee Fund introduces a principle of transparency in the real estate market.

The obligation for developers to publish offer prices of residential units and single‑family houses on their websites will become fully effective on 11 September 2025.

What Is Changing?

Project Website

Every developer will be required to maintain a dedicated website for each investment, which must include, among other things:

• the price per square metre of usable floor area for each property offered, as well as the total price of the property or its part covered by the agreement,
• the price of ancillary premises, such as parking spaces and storage units,
• a history of price changes, including dates.

Electronic Reporting

These data will be transmitted daily to the minister responsible for digitalisation via a public platform.

Advertising and Announcements

In every form of promotion, the developer will be required to indicate the address of the website containing the price information.

Sanctions for Lack of Transparency

A breach of these new obligations will be treated as a practice infringing collective consumer interests. The Office of Competition and Consumer Protection (UOKiK) may impose a fine of up to 10% of the developer’s annual turnover. Moreover, if the price published on the website differs from the price stated in the agreement, the buyer will have the right to rely on the price most favourable to them.

Why Does This Matter?

• For buyers – it ensures greater certainty and comparability of offers.
• For developers – it requires rapid adjustments to websites, sales procedures and reporting processes.

On 14 August 2025, the government opened applications for a pilot programme testing various models of a shortened working week. Applications may be submitted until 15 September 2025, and the pilot itself will commence on 1 January 2026 and run for one year.

This is the first project of such scale in Poland, aimed at examining the impact of a four‑day working week (or other reduced working‑time models) on business performance and employee well‑being.

Objectives of the Shortened Working Time Pilot

The programme aims to develop effective models of reduced working time and assess their impact on, among other things:

• employment,
• efficiency,
• employee health and well‑being.

Who Can Participate in the Programme?

Both private companies and public institutions may participate in the pilot, provided they meet certain conditions. Key eligibility requirements include:

• conducting business activity for at least 12 months;
• employing at least 75% of staff under employment contracts, appointment, election, nomination, or cooperative employment contracts;
• covering at least 50% of the company’s workforce under the pilot;
• maintaining employment at no less than 90% of the initial level indicated in the application to join the pilot;
• maintaining employee remuneration at its current level;
• ensuring no deterioration of working or pay conditions for employees covered by the programme.

Funding – Up to PLN 1 Million

The programme provides financial support. Each project may receive up to PLN 1 million in funding, with a limit of PLN 20,000 per employee.

These funds may be allocated to, among other things:

• training,
• process automation,
• wage subsidies for employees participating in the pilot.

Advantages and Disadvantages

The shortened working‑time pilot offers an opportunity to test in practice how a shorter working week affects organisational functioning, efficiency, and employee satisfaction. On the one hand, the programme provides employers with tangible financial support; on the other, it imposes specific formal obligations and requires thorough preparation.

The pilot is not only a social experiment but also a practical tool enabling employers to test new work‑organisation models without bearing the full financial risk. With the support of dedicated funding, companies can invest in automation, training, or wage subsidies, which may facilitate the transition to a shorter working week without compromising efficiency.

At the same time, participation in the programme requires meeting numerous formal conditions. Companies must ensure employment stability, maintain current remuneration levels, and include a significant portion of their workforce in the pilot. This necessitates a well‑considered approach, detailed analysis of internal processes, organisational preparation, and awareness of potential risks, such as reduced service availability or delays in the performance of business‑related tasks.

The final results of the pilot will therefore help determine whether reduced working time can serve as a practical alternative to the current employment model — to the benefit of both employers and employees.

A judgment has been issued in matters concerning the method of calculating the usable floor area of residential units, which may pave the way for a wave of claims against developers.

The Warsaw–Praga Regional Court held that the developer incorrectly calculated the floor area of a residential unit by including the space beneath partition walls. As a result, the area was overstated and the buyer paid more than they should have. In its ruling, the Court ordered the developer to refund the portion of the purchase price corresponding to the area under the partition walls. The judgment is final and opens the door to further lawsuits.

ISO Standards and Usable Floor Area – Where Did the Error Occur?

The developer incorrectly applied the relevant ISO standard governing the method and standard of measuring a unit’s floor area. Under this standard, the area beneath partition walls should not be included in the total floor area of the unit.

What Can You Do if You Suspect Your Apartment’s Floor Area Was Overstated?

If you:

• purchased a residential unit from a developer in recent years,
• have doubts about the actual floor area or the correctness of the price calculation,

it is advisable to commission an appropriate analysis. An incorrect application of the standard may mean that you were charged for the area beneath partition walls — meaning you paid more than you should have.

Claims for reimbursement of amounts overpaid due to an incorrect calculation of a unit’s floor area constitute consumer claims and are subject to a six‑year limitation period from the date of the contract.

Unfair Market Practices by Developers Under UOKiK Scrutiny

Unfair market practices undertaken by developers have already become the subject of proceedings before the Office of Competition and Consumer Protection (UOKiK). As part of these proceedings, developers have been fined for incorrectly calculating the usable floor area of residential units purchased by consumers.

What is E‑Delivery?

E‑Delivery is a registered electronic delivery service that enables the sending and receipt of correspondence electronically, with legal effect equivalent to a registered letter with acknowledgment of receipt. Ultimately, the E‑Delivery service will replace traditional paper‑based official correspondence as well as communication conducted via the ePUAP platform.

Deadlines

The obligation to use E‑Delivery depends on the date on which a business is registered in the CEIDG register or the National Court Register (KRS):

• KRS – entities registered in the KRS before 1 January 2025 will be required to use E‑Delivery as of 1 April 2025. Entities commencing business activity on or after 1 January 2025 must use E‑Delivery from the first day of conducting business.
• CEIDG – entrepreneurs registering their business after 1 January 2025 are required to have an E‑Delivery mailbox as of the date of registration. Entrepreneurs registered in CEIDG before 1 January 2025 will be required to create an E‑Delivery address as of 1 October 2026.

Consequences of Failing to Comply with the Obligation to Maintain an E‑Delivery Address

The regulations do not provide for sanctions for failing to maintain an E‑Delivery address. However, the absence of such an address may significantly hinder the functioning of an entrepreneur, particularly with respect to fulfilling information obligations and conducting correspondence with public authorities that rely on electronic delivery.

How to Apply for an E‑Delivery Address

An application to create an electronic delivery address may be submitted via the online service available at www.biznes.gov.pl. The application may be signed using a trusted profile (profil zaufany), a qualified electronic signature, an electronic seal, or an e‑ID card. After the E‑Delivery mailbox is created, it must be activated.

As of 1 January 2025, the entry into force of the Regulation of the Council of Ministers on the Polish Classification of Business Activity (the “Regulation”) is planned. Pursuant to this Regulation, the existing PKD 2007 classification will be replaced by the new PKD 2025 classification.

The changes associated with the introduction of PKD 2025 will be comprehensive and cross‑cutting in nature. From our perspective, the introduction of new subclasses covering various intermediation services is of particular significance. Nevertheless, the number of amendments introduced across most PKD sections will undoubtedly require adjustments for many of our clients. According to § 2(1) of the draft Regulation, the PKD 2025 and PKD 2007 classifications may be applied concurrently in statistics, records, documentation and accounting for activities designated under the existing rules prior to the Regulation’s entry into force, but no longer than until 31 December 2026 (a two‑year transitional period).

It should also be noted that, pursuant to § 2(3) of the draft Regulation, entities registered in the National Court Register (KRS) which, after the Regulation enters into force but before 1 January 2027, submit an application to amend their entry with respect to the scope of business activity according to the Polish Classification of Business Activity, will be required to apply the PKD 2025 classification.

The amendment constitutes an alignment of Polish regulations with changes introduced at the EU level in the Statistical Classification of Economic Activities in the European Community (NACE) – Commission Delegated Regulation (EU) 2023/137 of 10 October 2022 amending Regulation (EC) No 1893/2006 of the European Parliament and of the Council on the statistical classification of economic activities (NACE Rev. 2).