Why do people buy flats from developers?
Flats from the primary market are very popular on the domestic market. Last year, a record number was broken - over 165,000 were sold, thus beating the result from 1979. Poles mainly decided to buy a flat from developers.
They argued their decision through:
- the possibility of individual arrangement of the living space,
- well-adapted infrastructure for the needs of residents: availability of parking spaces, green zones, space for children as well as pets,
- attractiveness of the apartment's location,
- the use of modern, safe systems in newly built housing complexes,
- the standard of finishing the apartment.
An equally important (if not the most important) factor in favor of such an investment is a protective umbrella for future buyers. We are talking about the so-called developer act, regulating the rights and obligations of developers related to the sale of apartments on the primary market.
Even though it was established over 10 years ago, it is constantly being updated. Before buying an apartment from a developer, it is worth getting acquainted with its postulates. In light of the regulations, in 2022 the developer act, defines the key elements of buying a flat.
The preferential legal solution since 2012 has been defined, among others, by:
- the process of buying an apartment in particular, the manner and content of concluding development contracts.
- list of the developer's obligations before concluding the contract regulating what formalities must be completed by the developer before the final contract is drawn up.
- rights and obligations of the parties to the contract specifying the obligations and legal capacity of the parties
- measures to protect the buyer's contributions, including the rules of conduct in the event of the investor's bankruptcy, being a protective umbrella for buyers.
How does the purchase of an apartment from developer look like formally?
If you have chosen your dream location, you can start the process of formalizing the investment. Below you will find the 3 most important steps in the process of buying an apartment from a developer.
Step 1 - Reservation agreement or preliminary agreement
Often the first step is to prepare a reservation or preliminary agreement. Thanks to this document, you mark your desire to buy the selected apartment.
Step 2 - Development contract
The next, extremely important step in the purchase of a flat from a developer is signing a developer agreement. It is a notary document that transfers the ownership of the flat from the developer to the new owner of the flat.
At the same time, the new buyer undertakes to pay for the new apartment. The development agreement also specifies the payment details - the schedule and the amount of installments.
Step 3 - Ownership act
The last element is to write down the contract transferring the ownership of the apartment. The preparation of the document is preceded by the technical acceptance of the premises.
The apartment is handed over in accordance with the provisions contained in the developer agreement. However, this does not happen sooner than after the completion of construction and obtaining the occupancy permit for the constructed building.
During the technical acceptance of the apartment, two basic documents are drawn up:
- a delivery and acceptance protocol for a residential premises
It contains a description of the property, basic information about the parties to the contract and an additional supplement certifying, inter alia, collection of keys by new owners or the state of meters.
- technical acceptance protocol
It is a document containing information on additional technical properties of the premises and possible faults and problems occurring in it. The technical acceptance protocol, as well as the delivery-acceptance protocol, includes basic information about the pages, a list of defects and a schedule as well as the scope of their repairs.
Thanks to the developer act of 2012, the process of purchasing an apartment from a developer is much simpler and safer
When preparing protocols, it is worth reading the documentation carefully and, if you have any questions, contact the developer's representative. Formalities from drawing up the preliminary contract to drawing up the deed of ownership may take some time. Therefore, it is worth considering this in the process of planning the purchase of real estate