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How to buy a new-build apartment in Poland step by step – 2026 guide

Para ogląda plan mieszkania w jasnym salonie nowego mieszkania od dewelopera

How do you buy a new-build apartment in Poland? Buying from a developer is a process that usually takes anywhere from a few months to as long as two or three years – depending on whether you are buying a completed apartment or one still under construction. The good news: since 1 July 2022, buyers have been protected by the new Developer Act, together with the Developer Guarantee Fund (Deweloperski Fundusz Gwarancyjny). Below we describe the whole process in nine steps – from your budget to the keys and the entry in the land and mortgage register (księga wieczysta).

Key facts

  • Buying from a developer is governed by the Act of 20 May 2021 on the protection of the rights of buyers of a residential unit or single-family house and on the Developer Guarantee Fund (the so-called Developer Act).
  • Before you sign the agreement, the developer must provide you with an information prospectus (prospekt informacyjny) free of charge – this is the basis for comparing offers.
  • A reservation agreement is optional, and the reservation fee may not exceed 1% of the price of the apartment.
  • The developer agreement must take the form of a notarial deed; you split the notary's fee and the court costs for this agreement equally with the developer.
  • Your payments go into a residential escrow account, and they are additionally protected by the Developer Guarantee Fund.

Step 1. Set your budget and financing

Before you start viewing developments, check how much you can afford. If you are buying with a mortgage, it is worth finding out your borrowing capacity before you make a reservation – this will save you disappointment and let you talk to the developer in concrete terms. On top of the price of the apartment you will also have notary and court costs, possibly a parking space or storage room, and interior finishing. We have broken down all the fees in Costs of buying an apartment in Poland.

With a mortgage, remember the schedule: for an apartment under construction you pay in instalments according to construction progress, and the bank disburses the loan in the same stages.

Step 2. Choose the location and the development

First choose the city and district, then the specific project. Pay attention to the commute to work and school, the zoning plans for the area, the completion date of the building and the standard of finish in the common areas. Our guides will help: best districts in Warsaw and best districts in Wrocław, as well as price overviews for Warsaw and Wrocław.

As of 26 September 2026, our catalogue includes 45 residential developments in Warsaw and Wrocław with a total of over 2,200 available apartments. Of these, 21 developments are buildings that are already completed – there you can view the apartment in person and get the keys much sooner. You will find current offers in our catalogues of new homes in Warsaw and new homes in Wrocław.

Step 3. Primary market: completed or under construction?

You can buy a completed apartment (in a building with an occupancy permit) faster, and you see the real sunlight, view and build quality. An apartment under construction gives you a wider choice of units and spreads the payments over time, but you have to wait for the handover. The two options also differ in the type of agreement – for a completed apartment, instead of a developer agreement, the parties often sign a sale agreement straight away or a preliminary agreement (umowa przedwstępna). We compare this in more detail in Primary or secondary market? (in Polish)

Step 4. Check the developer and the documents

A developer launching sales is required to prepare an information prospectus and run a website showing the price per square metre of each apartment and the history of price changes (Article 19a of the Developer Act). Before signing, ask for the prospectus with its annexes and check the following in it (for a full checklist with register addresses, see How to check a developer, in Polish):

  • who owns the plot and whether the land and mortgage register shows a mortgage in favour of the bank financing the construction,
  • whether the building permit is final and has not been challenged,
  • the type of residential escrow account (open or closed) and the bank that maintains it,
  • the project schedule and the date of transfer of ownership,
  • the developer's previous projects and its financial situation.

At your request, the developer must also let you inspect at the sales office, among other things, the current land and mortgage register entry, the building permit, the construction design and the financial statements for the last two years (Article 26 of the Act).

Step 5. Reserving the apartment (optional)

If you need time for a mortgage decision, you can sign a reservation agreement (umowa rezerwacyjna). It must be made in writing, otherwise it is null and void, and the reservation fee may not exceed 1% of the price stated in the prospectus. The fee is credited towards the price, and if the bank refuses you a mortgage because of a negative assessment of your borrowing capacity, it is returned to you. We describe the details in Reservation agreement with a developer (in Polish).

Step 6. Mortgage

With the reservation agreement, the prospectus and the draft developer agreement, you submit your mortgage application. The bank assesses your borrowing capacity and the property, and then issues its decision. Only go to the notary once you have a positive decision. It is worth comparing offers from several banks – differences in margin and arrangement fees add up over the years of the loan. We describe every stage – from borrowing capacity to the disbursement of instalments – in our guide Mortgage in Poland step by step.

Step 7. Developer agreement at the notary

The developer agreement (umowa deweloperska) must be concluded in the form of a notarial deed (akt notarialny). The Act lists what it must contain – including the price, the floor area and room layout, the standard of finishing work, the date of transfer of ownership, the payment schedule and the escrow account details. Since 13 February 2026, the price of an apartment has been defined as the usable floor area multiplied by the price per square metre. The notary's fee and the court costs related to the developer agreement are split equally between the developer and the buyer. What to check in the draft agreement is described in Polish developer agreement (umowa deweloperska).

Step 8. Payments into the escrow account

You do not pay the money directly to the developer but into a residential escrow account (mieszkaniowy rachunek powierniczy). With an open account, the bank releases funds to the developer only after checking that the next stage of construction has been completed; with a closed account – only after ownership has been transferred to you. The Developer Guarantee Fund provides additional protection. We explain how it works in Escrow account and the DFG (in Polish).

Step 9. Handover inspection and the deed transferring ownership

Once the occupancy permit (pozwolenie na użytkowanie) has been obtained, the developer invites you to the handover inspection (odbiór). It takes place in your presence, and you record any defects in the handover report. The developer has 14 days to respond to the reported defects and 30 days to remove the accepted defects, counting from the signing of the report. If you cannot attend in person, you can grant a power of attorney for the handover (in Polish). You will find a full checklist in Handover of an apartment from a developer (in Polish).

The final stage is the agreement establishing separate ownership of the apartment and transferring ownership, also signed at a notary. The notary files the application to set up a land and mortgage register for the apartment and to enter your ownership (and the bank's mortgage, if you have a loan).

How long does it take to buy an apartment from a developer?

StageApproximate time
Choosing a development and reviewing documentsfrom a few days to a few weeks
Reservation and mortgage decisionusually a few weeks – you agree the reservation period in the agreement
Developer agreement → handoverdepends on the construction schedule (for an apartment under construction – often 1–2 years)
Handover → deed transferring ownershipthe date follows from the developer agreement
The duration of each stage depends on the development and the bank; the dates in your agreement are binding.

Most common buyer mistakes

  • Reserving an apartment without checking your borrowing capacity.
  • Signing the agreement without reading the prospectus and comparing it with the draft agreement.
  • Not checking whether the payment schedule matches the construction stages.
  • Rushing the handover, without checking dimensions, whether walls are plumb, and the installations.
  • Overlooking additional costs – parking space, finishing, notary.

Read also:

Frequently asked questions

Do you pay PCC tax when buying a new-build apartment in Poland?

As a rule, no. The sale of an apartment by a developer is subject to VAT, which is already included in the price, so as a rule you do not pay PCC (civil law transactions tax). The exception applies to a buyer purchasing a sixth or subsequent apartment in the same development – then the PCC rate is 6%.

Do I have to sign a reservation agreement?

No. A reservation agreement is voluntary. It is useful when you need time to get a mortgage decision and do not want the apartment you have chosen to go to another buyer in the meantime.

Who pays the notary for the developer agreement?

The notary's fee for concluding the developer agreement and the court costs of the land register proceedings are split equally between the developer and the buyer – this is set out in Article 40(2) of the Developer Act.

What happens to my money if the developer goes bankrupt?

Your payments go into a residential escrow account, from which the developer cannot freely withdraw money. In the cases specified in the Act, including the developer's bankruptcy, the refund of payments from an open account is guaranteed by the Developer Guarantee Fund, administered by the Insurance Guarantee Fund (Ubezpieczeniowy Fundusz Gwarancyjny).

Can I buy a new-build apartment in Poland without an agent?

Yes. However, working with an agent on the primary market can save you time: we help you compare offers from many developers, check the documents and prepare for the handover – usually with no commission for the buyer, as our fee is normally paid by the developer.

Summary

Buying a new-build apartment safely is above all about doing things in the right order: budget and borrowing capacity, choosing the development, reading the prospectus, a reservation if needed, the mortgage, the developer agreement, payments into the escrow account, the handover inspection and the deed transferring ownership. The Developer Act gives you plenty of protection tools – use them consciously, and if in doubt, have the draft agreement reviewed by a specialist.

Looking for a new-build 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. See how we help you buy an apartment from a developer.

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

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