Buying a new flat from a developer in Poland: step by step

Buying a new flat from a Polish developer follows a fixed legal path: you receive the prospekt informacyjny (information prospectus), optionally sign a reservation, sign the umowa deweloperska (developer agreement) at a notary, pay in stages into an escrow account, inspect the flat at handover, and finally sign the deed that makes you the owner. Each step has its own document and its own protections. This guide walks through them in order, with what to check at each point.

This page is information, not legal advice. The rules described are those of the Developer Act of 2021 as in force in November 2026.

The process at a glance

Stage	Key document	What it does for you
Shortlist	Developer's website price list	Prices with VAT, price history, extra payments
Research	Prospekt informacyjny	Facts about the developer, land, permit, escrow, schedule
Reserve (optional)	Umowa rezerwacyjna	Holds the flat; fee capped at 1% of the price
Commit	Umowa deweloperska (notarial deed)	Binding contract; your claim goes into the land register
Pay	Escrow account (rachunek powierniczy)	Money released only as the build progresses, or only after transfer
Inspect	Protokół odbioru (handover protocol)	Records defects and starts the repair deadlines
Own	Transfer deed (akt notarialny)	Ownership passes to you
Register	Księga wieczysta (land register)	Your ownership and any mortgage are entered

1. Shortlist developments and set a budget

Start with location, size and budget. You can search current offers on /en/developments and compare areas on /en/districts. Before you fall for a floor plan, work out the full cost: the price, notary and court fees, bank costs and fit-out. The guide to costs beyond the price lists every item, and /en/toolbox/buying-costs gives a quick estimate. If you need a mortgage, check your borrowing capacity early with /en/toolbox/borrowing-capacity.

Since 11 July 2025, every developer must publish on its own website, for each flat on offer, the price per m², the total price, the price of parking spaces and storage rooms if they are not included, and any other payments the buyer must make, all including VAT. The price history must stay visible. If the price offered to you at signing is different from the website price, you can demand the contract at the price that is more favourable to you. Save screenshots of the listing with the date.

2. Get and read the prospekt informacyjny

The developer must give you the prospectus free of charge, on a durable medium (for example a PDF), before you sign a reservation or a developer agreement. A paper copy is available on request at the sales office. It follows a statutory template and covers:

• the developer's identity and up to three completed projects;
• the land, its land register number and any mortgages on it;
• the local zoning plan or planning conditions for the site and nearby plots, and planned investments within 1 km;
• the building, the flat and the finishing standard;
• how the project is financed, the escrow type and the schedule;
• the conditions for withdrawing from the contract.

You also have the right to inspect, at the developer's office, the current land register, the company register extract, the building permit, the last two years of financial statements and the building design. Ask for these. A developer that delays is telling you something.

3. Check the developer and the land

Look at the land register for the plot: who owns it, what easements and claims are listed, and which mortgages exist. If the developer's bank holds a mortgage, the developer must attach that bank's consent (or promise) to release your flat from it. Without it, you can withdraw from the contract within 60 days. Then check the company: register entries, accounts, insolvency notices and the escrow type. Our developer due-diligence playbook covers each register, and every developer page on /en/developers shows our risk score.

4. Sign a reservation agreement (optional)

A reservation is not required, but it is common. If you sign one:

• it must be in writing, otherwise it is void;
• it must state the parties, price, reservation fee, reservation period, location of the flat in the building, usable area and room layout;
• the reservation fee may not exceed 1% of the price given in the prospectus;
• the fee counts towards the price, and the developer must move it to the escrow account within 7 days of signing the developer agreement;
• the reservation period must be long enough for you to get a credit decision.

The fee must be returned if a bank refuses you credit on creditworthiness grounds, if the developer does not perform the reservation agreement, or if the developer changed the prospectus without telling you. If the developer fails to perform, it returns the fee double. The details are in reservation and developer agreements explained.

Watch out: the act regulates only the capped reservation fee; whether any other deposit is allowed is a legal question. If you are asked for any other deposit or "zadatek" before the developer agreement, ask a lawyer before paying.

5. Arrange the financing

Banks normally want the developer agreement draft, the prospectus and the schedule before they issue a decision. Under KNF Recommendation S the standard own contribution is 20% of the property value, or 10% if the gap is covered, typically by insurance. The own contribution must be your own documented money. Foreign buyers face extra bank-specific requirements: see getting a mortgage as a foreigner.

6. Sign the umowa deweloperska at a notary

The developer agreement must be a notarial deed. Notary fees for this deed and the court fees for the land-register entry are split equally between the developer and the buyer by law. The contract must contain, among other items:

• the price, and since early 2026 the price expressed as usable area × price per m²;
• the legal status of the land, mortgages and easements;
• a description of the building and the flat, the finishing scope and standard;
• the date of transfer of ownership;
• payment amounts, dates and the escrow bank and account number;
• the building permit number and whether it is final;
• start and end dates of the works;
• withdrawal conditions, interest and contractual penalties;
• how the area will be measured;
• how and when you will be notified about the handover.

Any change to the prospectus between delivery and signing must be clearly marked in the contract and binds you only if you agree. Clauses less favourable to the buyer than the act are void and replaced by the act's rules. After signing, your claim to the flat is entered in section III of the land register.

If you do not speak Polish, the notary must make sure you understand the deed, either personally or through a sworn translator or interpreter. Budget for the translator separately.

7. Pay into the escrow account, stage by stage

You pay only into the mieszkaniowy rachunek powierniczy named in the contract. There are two types: open (the bank releases money to the developer stage by stage) and closed (money is released only after ownership is transferred to you). The schedule has at least four stages, each 10–25% of the total cost, and you pay after the developer notifies you in writing that a stage is complete. Escrow costs are the developer's and cannot reduce your payments. Read open vs closed escrow for what each type protects.

8. Handover (odbiór)

Once the occupancy permit is final, the developer invites you to inspect the flat. You must attend. A handover protocol is signed and you list every defect in it. The developer then has 14 days to accept or reject the defects in writing (silence counts as acceptance) and 30 days to fix accepted ones. The handover checklist explains what to bring and how to record defects.

9. Sign the transfer deed

The transfer deed is a second notarial act. The flat must be free of encumbrances in the land register, except those you accepted, such as your own bank's mortgage. Who pays the notary for this deed is not set by the act; it depends on the contract, and in practice the buyer usually pays. If you have an open escrow, the bank releases the last instalment to the developer only after receiving the deed extract.

10. Register and settle in

The notary normally files the land-register application. The court fee for entering ownership is 200 zł, and another 200 zł for entering a mortgage. As an owner you must also file a property-tax declaration with the municipality within 14 days. For 2026 the maximum rate for residential space is 1.25 zł per m² a year (1.29 zł for 2027); your municipality may set less. When the tax obligation starts for a new flat can depend on the dates involved, so check with the municipality.

Can you change your mind?

There is no general cooling-off period. You can withdraw from a developer agreement only on grounds listed in the act, for example missing mandatory contract terms, a contract inconsistent with the prospectus, untrue prospectus data, late transfer after a further 120-day deadline, or an unremedied significant defect. Several grounds have a 30-day limit from signing. The withdrawal must be in writing with a notarised signature.

Check before you sign

1. You have the prospectus and all annexes, received before the reservation.
2. The price matches the developer's website, and you have a dated screenshot.
3. The land register shows no surprises, and the bank's release consent is attached.
4. The escrow type, bank and account number are in the contract.
5. The finishing annex describes exactly what you are paying for.
6. You have a credit decision, or the reservation period leaves time to get one.
7. The handover notice method and the transfer date are clear.