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 the stage of construction.
A developer agreement is therefore a specific type of preliminary agreement, governed by statute to provide additional legal protection for buyers. It is also worth noting that at Skanska, we finance construction projects using our own funds.
Furthermore, 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 This ensures that no one else can acquire the property until the claim is withdrawn by the buyer – another way in which we help to guarantee your peace of mind.
You will need to provide the necessary documents in advance. Our representative will explain in detail what information is required and how to prepare for the appointment with the notary. 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 terms of the contract, the legal status of the property, the rules governing its acquisition, and other details. We value transparency, which is why we also provide a document setting out the technical specifications and finish standards of the building and the residential units.
We believe that every buyer should read this document carefully. It provides a clear understanding of the quality and types of materials used in the construction, as well as what is included in the finished flat.
We encourage you to go through all the documents provided by our representative before your appointment with the notary. Doing so helps to streamline the notarial process and saves you valuable time.
Please also bear in mind the notary fees: for a developer’s 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 undertake to transfer ownership
of the property to the buyer upon completion of construction and after obtaining an occupancy permit.
We want you to make informed decisions about your life and finances. We value clear and straightforward transactions, which is why we provide guidance at every stage. Buying a new home isn’t something we do very 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.