Buying from a developer in Poland: questions and answers

The information prospectus (prospekt informacyjny) is a document on a statutory template describing the developer, the plot, the building, your flat, the finishing standard, the financing, the escrow type and the schedule. The developer must give it to you free of charge on a durable medium before you sign a reservation agreement or a developer agreement, and on paper at the sales office if you ask. The prospectus and any annexes become part of your agreement.

The reservation fee is capped at 1% of the flat's price as stated in the prospectus. It is credited towards the price, and the developer must move it to the escrow account within 7 days of signing the developer agreement. The reservation agreement must be in writing, state the price, the fee, the reservation period, the flat's location, usable area and layout, and give you enough time to obtain a credit decision.

Yes. The developer must promptly return the fee if a bank refuses you a credit decision or promise because of your creditworthiness. It must also return it if the developer does not perform the reservation or changed the prospectus without telling you, and in the case of non-performance by the developer the fee is returned double. Keep the bank's written refusal, as you may need to show it.

There is no general cooling-off period. You can withdraw only on grounds listed in the developer act, for example if the agreement lacks mandatory content, does not match the prospectus, the prospectus was not delivered or contained untrue data, the developer is late with the transfer and misses an extra 120-day deadline, or a significant defect is not fixed. Grounds linked to the contract and the prospectus must be used within 30 days of signing, and the withdrawal needs a notarially certified signature.

Yes, the developer agreement must be a notarial deed; otherwise it is void. By law the notary fees for all acts connected with signing it, including copies issued at signing, and the court fees for the land-register entry, are split equally between you and the developer. The later transfer deed is a separate act whose costs are a matter for the contract; in practice the buyer usually pays them.

Every developer must protect your payments with a housing escrow account (rachunek powierniczy) at a bank, in one of two forms. With an open account, the bank releases money to the developer in stages as construction progresses, and the Developer Guarantee Fund is the main safety net. With a closed account, the developer receives the money only after ownership is transferred to you. There are only these two types under the current act.

The schedule in the prospectus must have at least four stages, each worth 10 to 25% of the total cost. You pay each instalment after the developer has completed the stage and told you so in writing or on another durable medium. Payments go to the escrow account named in the agreement, not to the developer's ordinary account. The costs of running the escrow are borne by the developer and cannot reduce your payments.

For developer agreements concluded from about mid-February 2026, the price must be expressed as usable area multiplied by the price per square metre. The area is measured under the Polish Standard in force when the building permit application or notification was filed. Ask the developer which method was used and compare the area in the agreement with the area measured at the handover.

Since July 2025 developers must publish each flat's price, price per square metre, the prices of parking or storage and any other required payments, all including VAT, on their own website, and keep a dated price history. If the website price differs from the price offered when you sign, you can demand the contract at the price that is more favourable to you. Save screenshots with dates while you are deciding.

Yes. Your claim under the developer agreement is entered in section III of the land and mortgage register (księga wieczysta) for the property. This makes it visible to anyone who checks the register. If you later withdraw from the agreement, your withdrawal declaration must include consent to delete this entry. Before signing, also check section IV for the developer's mortgages and confirm that the bank's consent to release your flat is attached.

You can assign your claims, but only by notarial deed and within limits set by the developer act: the assignment should concern one flat, and you should not have made another such assignment in the previous three years, with an exception for close family. Ask a lawyer before planning a sale before completion, and check the tax treatment with an adviser, because it differs from selling a flat you own.

Partly. When a developer sells a completed flat directly, the buyer still gets the prospectus information, the reservation rules and the handover procedure, but not the escrow account or the Developer Guarantee Fund. The same applies to some sales by a first seller who is not a developer. Ask how the payment and transfer will be timed.