Polish developer agreement (umowa deweloperska) 2026: contents, pitfalls and costs

The Polish developer agreement (umowa deweloperska) is the most important document when you buy an apartment under construction. In it, the developer undertakes to build the building and transfer ownership of the apartment to you, and you undertake to pay the price. Its content is largely set by the Developer Act, but the details are drawn up by the developer. We explain what it must contain, which clauses to check, when you can withdraw from it and how much it costs at the notary.

Key facts

• A developer agreement is concluded in the form of a notarial deed (akt notarialny) (Article 40(1) of the Developer Act).
• The Act lists about 20 items the agreement must contain – if any of them is missing, you have the right to withdraw within 30 days.
• The notary and court costs of the developer agreement are split in half between the developer and the buyer.
• Clauses less favourable to the buyer than the provisions of the Act are invalid – the provisions of the Act apply instead.
• Since 13 February 2026, the price of an apartment has been set as its usable floor area multiplied by the price per 1 m².

What is a developer agreement?

Under the Act of 20 May 2021 on the protection of the rights of buyers of residential units or single-family houses and on the Developer Guarantee Fund, a developer agreement is an agreement in which the developer undertakes to build the building, establish separate ownership of the apartment and transfer it to the buyer, and the buyer undertakes to pay the price. It is not yet an agreement transferring ownership. You become the owner only after the handover inspection (odbiór) and the signing of a second notarial deed.

On the basis of the developer agreement, your claim for the building to be built and ownership of the apartment to be transferred is entered in the land and mortgage register (księga wieczysta) of the property. This is important protection – a claim entered in the register is also effective against any later owners of the plot.

What must a developer agreement contain?

Article 35(1) of the Act lists the mandatory items. The most important ones from the buyer's point of view are:

• the purchase price and the buyer's obligation to pay it,
• information about the property: the plot area, the owner, mortgages and easements,
• the location and key features of the building, and where the apartment is located in the building,
• the usable floor area, the layout of the rooms and the scope and standard of finishing works,
• how the usable floor area is measured,
• the date by which ownership is transferred to the buyer, and the date and method of notification of the handover,
• the amount, dates and method of payments into the escrow account (mieszkaniowy rachunek powierniczy) and the details of that account (bank, number, costs),
• information about contributions to the Developer Guarantee Fund,
• the building permit number and whether it is final or has been appealed,
• the start and completion dates of construction works,
• the conditions for withdrawing from the agreement and refunding the money paid,
• the amount of interest and contractual penalties, if the parties have provided for them,
• a statement that you have received the information prospectus,
• information on the consent of the bank financing the construction to transfer ownership of the apartment free of encumbrances,
• information about the reservation agreement (umowa rezerwacyjna) and the amount of the reservation fee.

The information prospectus and its annexes form an integral part of the agreement. If the developer changed anything in the prospectus after giving it to you, the changes must be clearly highlighted in the agreement – they bind you only if you agree to them.

New pricing rules from 2026

An amendment that came into force on 13 February 2026 introduced Article 5a: in developer and reservation agreements, the price of an apartment is set as the number of square metres of usable floor area multiplied by the price per 1 m². The area is determined according to the Polish Standard in force on the day the building permit application was filed. The new wording applies to agreements concluded from that day. In addition, since July 2025 developers have had to publish the price per square metre of every apartment on their website, and if the price in the agreement differs from the published one, you can demand that the agreement be concluded at the price that is more favourable to you.

What to watch out for in a developer agreement

You will usually receive the draft agreement a few days before your notary appointment. Before you get to the agreement itself, check the developer in the public registers – we describe how, step by step, in How to check a developer (in Polish). In the draft agreement, pay particular attention to:

• Consistency with the prospectus – area, standard, dates, schedule. A discrepancy gives you the right to withdraw.
• Settling differences in floor area – how the price will change if the measured area differs from the design, and whether the permitted difference is symmetrical.
• Contractual penalties – the interest due to the developer cannot exceed the contractual penalties reserved in your favour. If the agreement provides for no penalties or interest at all, the developer pays compensation equal to statutory interest (Article 39).
• Payment schedule – it should match the construction stages; the project schedule must have at least 4 stages, and the cost of each stage is between 10% and 25% of the total (Article 24).
• Layout changes requested by the buyer – rules, costs and deadlines.
• Parking space and storage room – whether they are in the same agreement, on what basis you are entitled to them and how much they cost.

Remember that clauses less favourable to you than the provisions of the Act are invalid (Article 42), but it is better to spot them before signing than to fight for your rights later.

When can you withdraw from a developer agreement?

Situation	Time limit
The agreement does not contain the items listed in Article 35, is inconsistent with the prospectus, the prospectus or its changes were not delivered, or the prospectus is incomplete or does not reflect the actual state	30 days from signing the agreement
No bank consent to transfer ownership free of encumbrances	60 days from signing the agreement
The developer has not transferred ownership by the date in the agreement	after an additional 120-day deadline set by you has passed without effect
The developer has not removed an acknowledged material defect, or an expert has confirmed a material defect	once the conditions of Article 41 are met

The notice of withdrawal must be in writing with a notarially certified signature and must include consent to delete the claim from the land and mortgage register. If you withdraw on statutory grounds, you bear no costs, and the developer has 30 days to return the money released to it from the escrow account.

How much does a developer agreement cost at the notary?

The maximum notary fee for a developer agreement is half the rate under § 3 of the regulation on maximum notary fee rates (taksa notarialna). On top of that come 23% VAT, fees for certified copies of the deed and the court fee for entering the claim in the land and mortgage register (PLN 150). Under Article 40(2) of the Act, all these costs are split equally between the developer and the buyer.

Item (apartment price PLN 700,000)	Total	Your half
Maximum notary fee (net)	PLN 1,785	PLN 892.50
23% VAT on the fee	PLN 410.55	PLN 205.28
Court fee for entering the claim in the land register	PLN 150	PLN 75
Total (excluding certified copies)	PLN 2,345.55	PLN 1,172.78

Remember that this is only the first deed. You pay separately for the agreement transferring ownership after the handover – the full breakdown is in Costs of buying an apartment in Poland.

Can you sell your rights under a developer agreement?

Yes, but restrictions have applied since 9 September 2025 (Article 37a). Assigning the claims under a developer agreement is allowed if the agreement concerns no more than one apartment and the seller has not transferred rights under another developer agreement in the last three years. The restrictions do not apply to transfers to people in tax groups I and II (for example, close family). The transfer agreement must be made in the form of a notarial deed.

Read also:

• Notary fees when buying a flat in Poland
• Court fees and the land and mortgage register
• Buyer's layout changes – what you can change before the handover
• Developer agreement vs preliminary agreement – the differences
• The developer's information prospectus – how to read it
• Earnest money vs advance payment when buying an apartment
• Developer's warranty – 5 years, how to report defects
• Developer delays – penalties and withdrawal
• Withdrawing from a developer agreement
• Assignment of a developer agreement
• The notarial deed when buying from a developer
• Land and mortgage register – how to check it online
• Technical handover with an inspector – price

Frequently asked questions

Summary

The developer agreement sets out almost everything that matters when you buy an apartment under construction: the price, the standard, the dates, the payment method and your rights if problems arise. Before your notary appointment, compare the draft with the information prospectus and pay attention to how floor area is settled, contractual penalties and the payment schedule. We describe the whole purchase process in How to buy a new-build apartment in Poland.

Looking for an apartment from a developer? For buyers on the primary market, our help usually comes with no commission – our fee is normally paid by the developer. Before you sign, we will check the draft developer agreement.

Legal status as of September 2026. This article is for information only and does not constitute legal advice.

Sources

• Act on the protection of the rights of buyers of residential units or single-family houses and on the Developer Guarantee Fund – consolidated text, Journal of Laws (Dz.U.) 2026 item 880 (Articles 5a, 19a, 24, 35, 37a, 39, 40, 42, 43, 45).
• Regulation of the Minister of Justice on maximum notary fee rates – consolidated text, Dz.U. 2024 item 1566 (§ 3, § 6(15a), § 12).
• Act on court costs in civil cases – consolidated text, Dz.U. 2025 item 1228 (Article 43).