A developer agreement applies to properties that are yet to be built. Its content is based on the Act of 20 May 2021 on the protection of the rights of the buyer of a residential unit or a detached house, and on the Developer Guarantee Fund (commonly referred to as the Developer Act). It is important to note that this legislation applies exclusively to buyers acting as natural persons.
In contrast, a preliminary sale agreement relates to properties that already have an occupancy permit, which typically means a shorter timeframe for the transfer of ownership. The only exception applies to commercial premises, which always require a preliminary sale agreement regardless of construction stage.
A developer agreement is therefore a specific type of preliminary agreement, governed by statute to provide additional legal protection for buyers. It’s also worth noting that at Skanska, we finance construction projects from our own funds.
Additionally, signing either type of agreement results in a claim being registered in Section III of the property’s land and mortgage register. This ensures that no one else can acquire the property until the claim is withdrawn by the buyer – another way we help guarantee your peace of mind.
You will need to provide the necessary documents in advance. Our representative will guide you in detail about what information is needed and how to prepare for the notary appointment. Documents and information typically required include:
We give you the opportunity to review the documentation in advance. You will be able to familiarise yourself with the contract terms, legal status of the property, acquisition rules, and other details. We value transparency, which is why we also provide a document outlining the technical specification and finish standard of the building and residential units.
We believe that every buyer should read this document carefully. It gives you a clear understanding of the quality and types of materials used in the construction, as well as what is included in the finished apartment.
We encourage you to review all the documents provided by our representative before your notary appointment. Doing so helps streamline the notarial process and saves you valuable time.
Please also remember to consider notarial fees: For a developer agreement, the costs are split 50/50 between us and the buyer. For a preliminary agreement, the buyer bears the full cost.
In the developer agreement signed before a notary, we commit to transferring ownership
of the property to the buyer upon completion of construction and after obtaining an occupancy permit.
We want you to make informed life and financial decisions. We value clear and straightforward transactions, which is why we share guidance at every step. Buying a new home isn’t something we do often – for many, it’s a once-in-a-lifetime decision. That’s why we’re here to support you – including helping you sign your preliminary sale agreement.