Reservation agreement with a developer in Poland (umowa rezerwacyjna): fee up to 1%, refund and contents
Author: Tacjana MasiukiewiczLaw and contracts~9 min read
You have found a flat but need time for the mortgage decision? A reservation agreement (umowa rezerwacyjna) lets you "hold" the chosen unit for a set period before you sign the developer agreement. Since 1 July 2022 reservations have been governed by the Developer Act – among other things it caps the reservation fee at 1% of the price and says when the developer must refund it. We explain what such an agreement must contain and what to watch for.
Key facts
- A reservation agreement is voluntary and must be in writing, otherwise it is void.
- The reservation fee cannot exceed 1% of the price of the unit stated in the information prospectus and is credited towards the price.
- The fee comes back to you if you do not get a mortgage because of a negative assessment of your borrowing capacity.
- If it is the developer who fails to honour the reservation, the developer refunds the fee in double the amount.
- Before you sign a reservation, the developer must give you the information prospectus with its annexes.
What is a reservation agreement?
Under Art. 29 of the Developer Act, a reservation agreement is a contract between the developer and a person interested in the offer (the "reserving party") in which the developer undertakes to temporarily withdraw the chosen unit from sale. It is not a preliminary agreement – it does not oblige either party to conclude the developer agreement. Its purpose is to give you time, usually to obtain a mortgage, without the risk that someone else buys the flat. How to plan that time is described in the guide Mortgage in Poland step by step.
A reservation agreement can precede the developer agreement, and also the sale agreement for a completed flat bought from a developer.
What must a reservation agreement contain?
Art. 30(2) of the Act lists the elements the agreement must specify:
- the parties, and the place and date of the agreement,
- the price of the chosen unit,
- the amount of the reservation fee – if the parties provided for one,
- the period for which the unit will be withdrawn from the offer,
- the location of the unit in the building,
- the usable area of the unit, and the area and layout of the rooms.
Since 13 February 2026 the price of the unit in a reservation agreement – as in the developer agreement – is set as the product of the usable area and the price per 1 m² (Art. 5a of the Act). The information prospectus with its annexes forms an integral part of the reservation agreement.
Reservation fee – what is the maximum?
The parties may agree that the reserving party pays a reservation fee, but it cannot exceed 1% of the unit's price from the information prospectus (Art. 32(2)). The fee is credited towards the price, and after the developer agreement is signed the developer transfers it to the residential escrow account within 7 days.
| Price of the flat | Maximum reservation fee |
|---|---|
| 500 000 zł | 5 000 zł |
| 750 000 zł | 7 500 zł |
| 1 000 000 zł | 10 000 zł |
A note on terminology: if the developer proposes a "deposit" (zadatek) or an "administrative fee" instead of a reservation fee, ask for the legal basis and check whether the total amount gets around the 1% limit.
When is the reservation fee refunded?
Under Art. 34 of the Act the fee is returned to you without delay when:
- you did not obtain a positive credit decision or a promise of a loan because of a negative assessment of your borrowing capacity,
- the developer fails to perform its obligation under the reservation agreement (for example, sold the unit to someone else) – in that case the refund is double,
- the developer changed the information prospectus or its annexes and did not inform you.
If you simply change your mind and give up the purchase for other reasons, the Act does not require a refund – the fate of the fee then depends on the wording of the reservation agreement. So read that part of the agreement particularly carefully.
Reservation agreement vs preliminary agreement and deposit
A reservation agreement is not a preliminary agreement (umowa przedwstępna). A preliminary agreement obliges both parties to conclude the final contract and is often tied to a deposit (zadatek), which is forfeited or returned in double under the Civil Code rules. A reservation obliges only the developer not to sell the unit for a set time, and you are under no obligation to sign the developer agreement. In practice this means more flexibility for the buyer – with a smaller sum at risk.
For completed flats, developers often offer a preliminary agreement or a sale straight away. The protection rules are then different from those for a reservation, so always check what document you are being given to sign and what it is called in its text, not just in the heading.
Reserving a completed flat – additional protection
A reservation agreement can also precede the purchase of a unit in a building that has already been put into use. Then a handover inspection (odbiór) also takes place before the sale agreement is concluded, and the Act provides additional protection: if the developer does not remove defects entered in the handover report and you therefore do not proceed to sign the agreement transferring ownership, the reservation fee comes back to you in double (Art. 34(2)). As of 26.09.2026 our catalogue has 21 developments in completed buildings in Warsaw and Wrocław.
How long can you reserve a flat for?
The agreement is concluded for a fixed period. The Act does not give a specific number of days, but it says that if you are applying for a loan, the reservation period should allow for the time needed to obtain the credit decision (Art. 31). In practice it is worth asking your bank or a mortgage expert how long the procedure takes and setting the period with a margin. If the decision is delayed, ask the developer to extend the reservation in writing – before the deadline passes.
Can the developer raise the price during the reservation?
The price of the chosen unit is a mandatory element of the reservation agreement, so the amount written in it is the reference point for the developer agreement. If the developer changes the information prospectus during the reservation, it must inform you, stating what the change concerns – otherwise the reservation fee must be refunded. It is also worth remembering Art. 19a of the Act: the developer publishes the price per metre of every unit on its website together with the history of changes, and if there is a discrepancy between the published price and the one offered at signing, you can demand that the agreement be concluded at the price most favourable to you. Take a screenshot of the price list on the day of the reservation – it is simple evidence for the future.
The developer's obligations during the reservation
- Before the reservation agreement is concluded, the developer gives you the information prospectus with its annexes free of charge on a durable medium.
- At your request, the developer allows you to inspect, at the sales office, among other things the land and mortgage register, the building permit, the building design and the financial statements.
- During the reservation, the developer informs you of every change to the prospectus, stating what it concerns.
- The developer cannot sell the reserved unit to anyone else.
Can a reservation be transferred to someone else?
As a rule, no. Transferring the claim under a reservation agreement to a third party is invalid (Art. 30(3)). The exception concerns persons in tax groups I and II within the meaning of the Inheritance and Gift Tax Act – for example a spouse, children, parents or siblings.
Checklist before signing a reservation agreement
- You have the information prospectus with its annexes and have compared it with the offer.
- The price in the agreement matches the price published on the developer's website (if it is higher, you can demand the more favourable price).
- The reservation fee does not exceed 1% of the price from the prospectus.
- The reservation period is long enough for the mortgage procedure.
- The agreement clearly describes the cases in which the fee is refunded – in line with Art. 34.
- You already know the draft developer agreement, or at least its key terms.
Read also:
Frequently asked questions
Is a reservation agreement mandatory?
No. It is a voluntary agreement. You can sign the developer agreement straight away if your financing is already secured.
How much is the reservation fee?
As much as the parties agree, but no more than 1% of the unit's price stated in the information prospectus. The fee may also not be charged at all.
Will I get the reservation fee back if the bank refuses a mortgage?
Yes, if the refusal results from a negative assessment of your borrowing capacity. The fee is then returned without delay. Keep the bank's decision as evidence.
What if the developer sells the reserved flat to someone else?
That is a failure to perform the reservation agreement. The developer must then return the reservation fee in double the amount.
Does a reservation agreement have to be signed at a notary?
No. Written form is enough, but it is required on pain of invalidity – an oral reservation gives no protection under the Act.
Summary
A reservation agreement is a simple way to gain time for a mortgage without the risk of losing the flat you chose. The Act protects the reserving party: a 1% fee limit, a refund if the mortgage is refused and a double refund when the developer does not keep its word. Before signing, check the prospectus, the price and the reservation period. The next step is the developer agreement – we describe it in the article Polish developer agreement (umowa deweloperska), and the whole process in the guide How to buy a new-build apartment in Poland.
Looking for a flat from a developer? For buyers on the primary market our help usually comes with no commission – the fee is typically paid by the developer. Before you reserve, we will check the developer's agreement and documents.
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 a purchaser of a residential unit or a single-family house and on the Developer Guarantee Fund (in Polish) – consolidated text, Dz.U. 2026 item 880 (Art. 5a, 19a, 21, 23, 26, 29–34).
- Office of Competition and Consumer Protection (UOKiK) (in Polish) – information for consumers buying flats from developers.
