How to check a real estate agency in Poland before buying a flat: KRS, KNF, OC

1. KRS or CEIDG: does the company exist, and since when?

Companies (sp. z o.o., S.A., limited partnerships) are listed in the National Court Register – use the KRS search of the Ministry of Justice. Sole traders are listed in CEIDG on biznes.gov.pl. The KRS number, the NIP or the company name is enough. Look at:

• the full name and address – do they match the website, the agreement and the invoice?
• the registration date – if the firm says “15 years on the market” but the company was registered a year ago, ask for an explanation. A brand can be older than its current company, which is perfectly normal, but the answer should be specific;
• the board and shareholders – who represents the company and signs contracts;
• the line of business – usually PKD 68.31.Z (real estate agency);
• annual accounts – companies file them every year, and you can read them free of charge in the Financial Documents Repository. No accounts for several years is a warning sign.

Watch out for look-alike names: many Polish firms have very similar names. Compare the KRS number and the NIP, not the name or the logo.

2. The VAT White List: NIP and bank account

The Ministry of Finance’s register of VAT taxpayers (biała lista) shows whether a company is an active VAT payer, its address and its declared bank accounts. If you pay the agency a fee, the account number on the invoice should be on that list. A small firm may be VAT-exempt – it will then not appear as an active taxpayer, but it should be able to explain why.

Remember that money for a new-build flat never goes to the agency. You pay the reservation fee and the contract instalments to the developer, and the price itself goes into a residential escrow account at a bank.

3. The KNF register – if the agency promises a mortgage

Mortgage intermediation is a regulated activity in Poland (Mortgage Credit Act of 23 March 2017). Only firms and people entered in the register of mortgage credit intermediaries and their agents, kept by the Polish Financial Supervision Authority (KNF), may do it. The register is public: rpkip.knf.gov.pl.

If an agency says “we’ll sort out your mortgage”, ask for the adviser’s full name or the firm’s name and check in the register:

• whether the entry is active;
• whether they are an intermediary or an agent – and on whose behalf the agent acts;
• whether the register data match what is in your agreement.

Before you sign, the adviser must tell you, among other things, whether they work with one bank or several and how they are paid. Usually the bank pays them, but it is worth having that in writing too. More: Mortgage adviser in Poland – cost and who pays the broker.

4. The agent’s OC insurance

A real estate agent must insure their civil liability for damage caused to clients (Art. 181 of the Real Estate Management Act). The minimum cover is the equivalent of EUR 25,000 per event. The agent attaches a copy of the current policy to the brokerage agreement (Art. 180(3)). No policy, or an expired one, is a reason not to sign.

5. The brokerage agreement: what it must contain

A brokerage agreement requires written or electronic form, otherwise it is void. A verbal “we’ll work it out” is not enough. Check that the agreement covers:

• the scope of services – shortlisting, viewings, negotiation, help with the reservation and at the notary;
• the fee – an amount or a percentage, net or gross (23% VAT), and when it becomes due;
• exclusivity – whether you are barred from buying through another agency or on your own, and for how long;
• term and termination;
• a copy of the OC policy as an appendix.

6. Who pays the commission

Agency commission is not regulated in Poland – it depends entirely on the agreement. On the resale market, agencies in Warsaw and Wrocław usually charge around 2–3% gross, sometimes to both sides (details: Estate agent commission in Poland). When you buy from a developer, the agency is most often paid by the developer, and the buyer pays no commission or a small one – it depends on the agreement. Ask directly: “how much do I pay, and how much does the developer pay?” and get the answer in writing. More: An agent when buying from a developer – who pays.

Red flags

Checklist: vet an agency in 15 minutes

• KRS number or NIP from the agency’s website checked in KRS / CEIDG – the details match.
• NIP checked on the VAT White List.
• Mortgage adviser (if the agency offers one) – active entry in the KNF register.
• Copy of the OC policy – current.
• Written brokerage agreement: services, fee, exclusivity, term.
• Written confirmation of who pays the commission.
• The developer checked separately – see How to check a developer in Poland.

How it works with us

Our companies’ details, KRS and NIP numbers and how we are paid are published in our company facts – you can verify them in the same registers. When you buy from a developer, in most cases the buyer pays us no commission – the developer usually pays. We consult in Polish, Russian and English. If you are buying from abroad, see our page Real estate agency for foreigners, and for current new-build prices, our market report.

Frequently asked questions

Sources

• Real Estate Management Act of 21 August 1997 (ustawa o gospodarce nieruchomościami) – Art. 179–181 (agency, agreement, OC).
• Regulation of the Minister of Finance on compulsory OC insurance of real estate agents (Dz.U. 2019 item 804).
• Act of 23 March 2017 on mortgage credit and the supervision of mortgage credit intermediaries and agents.
• Act of 20 May 2021 on the protection of the rights of buyers of residential units and the Developer Guarantee Fund (DFG).