Buying an apartment from a developer is one of the most important decisions in life. Its legal basis is the development agreement. Although this document is common, it hides many pitfalls. We advise you on what to pay special attention to in order to ensure that the transaction is safe.
What is a development agreement and who does the law protect?
A development agreement is a contract concluded between the buyer and the developer, usually at the stage when construction is just beginning or is in progress. It obliges the developer to build and transfer ownership of the property to you, and you to pay the agreed price.
From 2022, buyers’ interests will be protected by the Buyer Protection Act and the Developer Guarantee Fund. Thanks to this, developers will no longer have complete freedom in shaping the terms of the contract.
What must every development agreement contain?
According to the Act, each agreement must precisely specify, among other things:
- The parties to the agreement, the place and date of its conclusion.
- The price of the property.
- Information about the property, its location, and important features, e.g., land use designation in the Local Zoning Plan.
- Start and end dates of construction work.
- Date of transfer of ownership.
- Terms and conditions of withdrawal from the contract.
Key attachments – prospectus and finishing standard
The agreement itself is not everything! The developer is required to attach an information prospectus to it. It is a wealth of knowledge about the investment, its legal and technical status. The exact content of the prospectus is specified in the appendix to the act.
The prospectus must be accompanied by:
- Floor plan with the premises marked.
- Floor plan of the premises with room layout.
- Finishing standard, i.e., a detailed description of the materials and technologies that the developer will use for construction (e.g., type of windows, doors, plaster).
Checklist: What should a development agreement contain?
Before signing, verify a few key points. Here is your checklist:
- Representation of the developer: Check the company’s extract from the National Court Register. If the contract is signed by a representative, ask to see the power of attorney.
- Land and mortgage register: Ensure that the legal status of the land (e.g., no mortgage encumbrances in favor of other entities) matches the developer’s declarations.
- Terms of withdrawal from the contract: Read carefully in which situations and under what conditions you can withdraw from the purchase of real estate.
- Development project schedule: Check whether it is linked to the progress of work on the construction site.
What is often missing from contracts? Hidden catches
Here are some examples of issues that developers tend to overlook or formulate imprecisely:
- Deadline for reporting tenant changes: Find out when you can request changes to the layout of installations, for example.
- Precision of description: Make sure that “parking space” specifically refers to a space in the underground garage and not in the outdoor parking lot, if that is what you want.
- Set of documents: If the contract contains a provision stating that you have read certain documents, you can ask to see them.
The most common omission in the contract: copyright to the building design
Practice shows that developers routinely overlook the issue of copyright to architectural designs. Why is this so important? The building is a work of art, and its creators (architects) are entitled to personal copyrights, e.g., the right to the integrity of the work.
Without guaranteeing the non-exercise of personal rights and granting property rights, any major interference with the appearance of the building (e.g., changing the color of the facade) may require the architect’s consent in the future. It is worth ensuring that the contract contains appropriate provisions!
Do you have doubts about the contract? Search for a legal advise
A development agreement is a complex document. If you have any doubts about any of its provisions, don’t take any risks. Contact us – we will help you analyze the agreement and protect your interests.
Legal status: November 26, 2025
