Estate Agent in Warsaw: Who Pays the Commission When Buying a New-Build Flat (2026)

When you buy a new-build flat in Warsaw, the estate agency usually works under a contract with the developer, and the buyer most often pays no commission: the agency's fee is usually paid by the developer. The price of a given flat is single and public: the developer sets it in its price list, which it must publish on its website. On the secondary market it is different. Below we explain how the model works, what an agent does, how to check the price yourself and what to look at when choosing an agency. General principles are also covered in agent when buying from a developer in Poland: who pays.

In brief

• On the primary market the agency's fee is usually paid by the developer. At TM Invest the buyer most often pays no commission, as the developer usually pays our fee; the consultation and the selection of flats are free of charge.
• The developer must publish on its website the price per m² of every unit, including VAT, and keep a history of price changes (art. 19a of the Developer Act), so you can check the price yourself.
• If the price in the contract differs from the published one, you can demand the price most favourable to you (art. 19a(6)).
• An agency agreement must be in writing or electronic form on pain of invalidity, and the agent must hold compulsory liability insurance (art. 180(3) and art. 181(3) of the Real Estate Management Act).
• Our catalogue (4 October 2026) lists 114 investments and 4,240 available flats in Warsaw; the median price per m² is PLN 17,400.

Who pays the agent when you buy from a developer

On the secondary market the commission is usually paid by the seller, and often by the buyer too, each under their own contract with the agency. On the primary market the model is different. The agency signs a cooperation agreement with the developer: it introduces clients, and the developer pays the agency a fee when the client buys a flat. For the developer it is one of the costs of selling, alongside the sales office and advertising. The buyer receives no invoice from the agency and does not have to sign a paid agency agreement.

This is how TM Invest works: when you buy a flat from a developer we most often do not charge the buyer a commission and the selection of offers is free of charge, because the developer usually pays our fee. Commission rates and rules on the secondary market are covered separately in estate agent commission in Poland.

It is worth distinguishing two situations. A developer's sales office represents one company and sells only its units. An independent agency works with many developers and can line up offers from different companies for your budget. There are also agencies that charge the buyer a commission on the primary market; in that case it must follow from the agency agreement you have signed.

Does the agent raise the price of the flat?

An honest answer: the developer covers the agency's fee out of sales revenue, like any other cost. But the price of a particular unit is single and public. It is set not by the agent but by the developer in its price list. Since 11 July 2025 the Developer Act has required prices to be published, so you can check this yourself:

1. Developer's website. The developer must give the price per m² of usable area of each unit offered and the price of the whole unit, the price of a parking space or storage room (if not included) and other charges, all including VAT (art. 19a(1)).
2. Price history. With every change the developer updates the data with the date of the change and keeps earlier prices (art. 19a(2)).
3. The dane.gov.pl portal. Developers submit this data once a day and the minister publishes it on the open data portal (art. 19b).
4. The contract. In the reservation and developer agreements the price is stated as the product of usable area and the price per 1 m² (art. 5a). Compare both figures with the price list.

The list price is an asking price, not always the final one. According to the NBP, the average transaction price on the primary market in Q2 2026 was about 9% below the asking price in Warsaw (PLN 16,783 against PLN 18,488 per m²). These come from different samples of flats and are not a discount on a particular unit, but they show that a conversation about price and terms is worthwhile, whether you have it yourself or with an agent.

What an agent does when you buy a new-build flat in Warsaw

The scope of work depends on the agency, so always ask what exactly the help covers. At TM Invest it looks like this:

• Selection. We compare investments from the catalogue for your budget, district and completion date, arrange presentations of chosen investments and flats, and help check the developer and the information prospectus.
• Reservation. We talk to the developer about the price and terms of purchase and review the reservation agreement before signing.
• Developer agreement. Before the visit to the notary we go through the developer agreement and the payment schedule.
• Mortgage. When you buy with a loan, a mortgage expert checks your creditworthiness and compares bank offers.
• One contact person from the first conversation to the notarial deed. Prices and availability in the catalogue are updated daily.

You carry out the handover of the flat after construction yourself, alone or with an inspector. Handover of a flat from a developer helps you prepare.

The biggest difference from visiting a single sales office is the scale of comparison. By the number of investments in the catalogue (4 October 2026), the leading districts of Warsaw are Białołęka with 21, Mokotów with 18, Włochy with 13, Wawer with 9, Praga-Południe and Wilanów with 8 each, and Wola and Bielany with 7 each. Who builds in the city is shown in property developers in Warsaw, and all offers are in the catalogue of new flats in Warsaw.

On your own or with an agent: comparison

Stage	On your own	With an agent (model in which the developer pays)
Finding offers	Browse websites and portals, call sales offices	You get a shortlist of offers from many developers for your budget and district
Checking the developer and prospectus	Yourself: KRS, prospectus, escrow account	Help with the check; the decision stays with you
Price and terms	You negotiate with the sales office yourself	The agent talks to the developer about price and terms
Reservation and developer agreements	You read them yourself or pay a lawyer	Review of the terms and payment schedule before signing
Mortgage	You compare banks yourself	A mortgage expert compares offers from several banks
Time	Many visits to different sales offices	Presentations arranged by one contact person
Buyer's commission	none	most often none, as the developer usually pays the fee

Example: a 2-room flat in Warsaw

According to the TM Invest catalogue as of 4 October 2026, the median price of a 2-room flat in Warsaw is PLN 728,562 (median area 39.4 m²; there are 1,681 such flats in the catalogue). For comparison, take a hypothetical agency that charges the buyer 2% plus VAT.

Item	On your own	With TM Invest	Agency charging 2% + VAT to the buyer (hypothetical)
Price of the flat	PLN 728,562	PLN 728,562	PLN 728,562
Maximum reservation fee (1% of the price, credited towards the price)	PLN 7,286	PLN 7,286	PLN 7,286
Buyer's commission	none	most often none	about PLN 17,923

How to choose an agency for a new-build purchase

1. A written agreement. An agency agreement requires written or electronic form on pain of invalidity. Do not accept arrangements "on a handshake".
2. Clarity on who pays. Ask for written confirmation of whether you pay a commission and how much.
3. The agent's insurance. The agent must hold compulsory civil liability insurance (art. 181(3)).
4. Independence. An agency that works with many developers can show more options than the sales office of one company.
5. No guarantees of discounts or profit. A reliable agency does not promise a price or date that depend on the developer.
6. Price checks. Compare the price in the contract with the price list on the developer's website and the data on dane.gov.pl.

Want to compare offers from several developers without visiting each sales office? We will select a flat in Warsaw and guide you through the purchase, in most cases without a commission for you, because the developer usually pays our fee. The consultation and the selection of offers are free of charge.

Frequently asked questions

Summary

An estate agent in Warsaw for a new-build purchase means a comparison of offers, help checking the developer and the contract and support up to the notarial deed, usually without a commission for the buyer because the developer pays the fee. You can always check the price yourself in the price list and on dane.gov.pl, and when choosing an agency look at the written agreement, clarity on who pays and independence.

Position as of 4 October 2026. This article is for information only and is not legal advice; our terms of cooperation may differ depending on the developer.

Sources

• Act on the protection of the rights of buyers of residential units and the Developer Guarantee Fund (Ustawa deweloperska), consolidated text, Dz.U. 2026 item 880 (art. 5a, 19a, 19b, 32).
• Real Estate Management Act (Ustawa o gospodarce nieruchomościami), consolidated text, Dz.U. 2026 item 399 (art. 179a, 179b, 180(3), 181(3)).
• NBP, residential real estate price database: asking and transaction prices, primary market, Q2 2026.
• dane.gov.pl portal: asking prices of flats published by developers.
• Prices, number of investments and flats: TM Invest investment catalogue, Warsaw, as of 4 October 2026.