Polish Ministry proposes eliminating assignment requirements for housing communities suing developers over building defects, but communities prefer financial settlements.
Ministry Proposes Legal Change
The Ministry of Development and Technology has introduced a proposal that would eliminate the requirement for housing communities to collect assignments from property owners before suing developers over building defects. This change is part of a major amendment to the Act on Property in Flats currently being developed by the ministry.
The proposed reform aims to save communities both time and administrative burdens when pursuing legal action against developers for construction defects.
Housing Communities Prefer Financial Solutions
However, housing communities indicate they would rather litigate for monetary compensation and handle repairs themselves rather than compel developers to fix the defects. Community managers and legal experts are urging the ministry to modify the proposal.
They advocate for implementing the same approach that was suggested for defect removal, suggesting a preference for financial settlements over forced repairs by developers.
Ministry Response Pending
The Ministry of Development has not yet responded to inquiries from DGP regarding the proposed changes, leaving the future of this legal amendment uncertain.