wykończenie mieszkania na gotowo
12 February 2023

DEVELOPER'S ACT - DON'T LET YOURSELF BE TRICKED WHEN BUYING AN APARTMENT (turnkey apartment finishing)

PURCHASE OF AN APARTMENT - THE MOST IMPORTANT CLAUSE (finishing the apartment ready for use)

 

The new developer law contains one particularly important provision regarding signing a contract with the developer:
 
Art. 42 of the relevant act states that the provisions of the contract with the developer cannot be less favorable than the provisions of the law.
 
It is known that it is always safer to consult a contract with a lawyer, but if you are going to analyze it yourself, here you have a clear basis for requesting a change to an unfavorable provision.
 
Below is the text of Article 42 and a specification of which contracts are referred to here - (for the ambitious ). Have a nice day !

 

 

PURCHASE OF AN APARTMENT - THE MOST IMPORTANT CLAUSE - EXPANSION (finishing the apartment ready for use)

 

 

"Art. 42. Provisions of the developer contract and the contract referred to in Art. 2 sec. 1 point 2, 3 or 5 or sec. 2 and Art. 3 or Art. 4, less favorable for buyers than the provisions of the law are invalid, and in their place, the relevant provisions of the law apply.
 
Art. 2 sec. 1 point 2 - a contract concluded between the buyer and the developer, in which the developer undertakes to establish separate ownership of the residential unit and transfer ownership of that unit and the rights necessary to use that unit to the buyer.
 
Art. 2 sec. 1 point 3 - a contract concluded between the buyer and the developer, in which the developer undertakes to transfer ownership of the residential unit and the rights necessary to use that unit to the buyer.
Art. 2 sec. 1 point 5 - a contract concluded between the buyer and the developer, in which the developer undertakes to transfer ownership of the property built with a single-family house or perpetual usufruct of the land property and ownership of the single-family house located on it constituting a separate property or to transfer a fractional part of the ownership of that property along with the right to exclusive use of the part of the property serving to meet housing needs.
Art. 2 sec. 2 - a contract concluded between the buyer and the developer, in which the developer undertakes to:
1) build a building and transfer ownership of the commercial unit,
2) transfer ownership of the commercial unit,
3) build a building and transfer a fractional part of the ownership of the commercial unit,
4) transfer a fractional part of the ownership of the commercial unit
- in cases where these contracts are concluded along with one of the contracts referred to in sec. 1, and pertain to the same development project
or investment task.
Art. 3. The provisions of Art. 26 sec. 1 points 1–8, Art. 27 sec. 1, Art. 29–32, Art. 34 sec. 1 points 1 and 2 and Art. 41 sec. 1–3 apply
also to:
1) sales contracts concluded between the buyer and the developer, the subject of which is the transfer of ownership of the residential unit and the rights necessary to use that unit or the transfer of ownership of the property built with a single-family house or perpetual usufruct of the land property and ownership of the single-family house located on it constituting a separate property or the transfer of a fractional part of the ownership of that property along with the right to exclusive use of the part of the property serving to meet housing needs, or
2) contracts referred to in point 1, concluded along with sales contracts, the subject of which is the transfer of ownership of the commercial unit or the transfer of a fractional part of the ownership of the commercial unit, or contracts whose subject is the obligation to build a building or transfer ownership of the commercial unit or build a building or transfer a fractional part of the ownership of the commercial unit, if they pertain to the same development project or investment task.
Art. 4. The provisions of Art. 29–32, Art. 34 sec. 1 points 1 and 2 and Art. 41 sec. 1–3 also apply to:
1) sales contracts concluded between the buyer and an entrepreneur other than the developer, the subject of which is the transfer of ownership of the residential unit and the rights necessary to use that unit or the transfer of ownership of the property built with a single-family house or perpetual usufruct of the land property and ownership of the single-family house located on it constituting a separate property or the transfer of a fractional part of the ownership of that property along with the right to exclusive use of the part of the property serving to meet housing needs, or
2) contracts referred to in point 1, concluded along with sales contracts, the subject of which is the transfer of ownership of the commercial unit or the transfer of a fractional part of the ownership of the commercial unit, if they pertain to the same development project or investment task.
– if the subject of the contract was created as a result of implementing a development project or investment task, and the transfer of rights from these contracts to the buyer occurs for the first time.
 
wykończenie mieszkania na gotowo
turnkey apartment finishing
turnkey apartment finishing
turnkey apartment finishing
turnkey apartment finishing

 

 

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