What to ask a developer at the sales office in Poland? 30 questions (a 2026 list)

What should you ask a developer? Above all about what you cannot see in the price list and the visualisations: the information prospectus, the type of escrow account, the payment schedule, the method of measuring floor area, additional costs and deadlines. Below are 30 questions in seven groups – for each we explain why it is worth asking and which provision stands behind it – and a "good answer / red flag" checklist.

Key facts

• The developer must give you the information prospectus with annexes – free of charge, on a durable medium – before the reservation agreement or the developer agreement (Art. 21 of the Developer Act).
• The price of the flat in the agreement is usable area × the price per 1 m² (Art. 5a, in agreements concluded from 13.02.2026).
• If the price at the sales office differs from the price on the developer's website, you have the right to demand an agreement at the price most favourable to you (Art. 19a(6)).
• The reservation fee is at most 1% of the price, and the parties split the notary and court costs for the developer agreement in half (Art. 32 and Art. 40).
• Payments into the escrow account are tied to a schedule with at least 4 stages, each for 10–25% of the development's costs (Art. 8 and Art. 24).

How to prepare for a conversation at the sales office

The salesperson will show the strengths of the development – you have to ask about the weak ones yourself. Before the visit, go through the general part of the prospectus on the developer's website, the company in the KRS and the unit's price history. How to do this we describe in the article How to check a developer in Poland before you buy. Ask for confirmation of important answers by e-mail.

According to TM Invest offer data, as of 27.09.2026, the catalogue has 118 developments: in Warsaw 73 (37 completed and 36 under construction), and in Wrocław 45 (24 completed and 21 under construction). In completed developments 1 101 flats are available – there you mainly ask about the technical condition and the date of the deed, with a building under construction – about the escrow account, deadlines and delays. You will find the current offer on the pages new flats in Warsaw and new flats in Wrocław.

Questions about the developer and the development (1–5)

• 1. When will I get the information prospectus with annexes? Why ask: the developer is obliged to deliver it before the reservation or developer agreement (Art. 21), and the prospectus becomes an integral part of the agreement. How to read it is explained in the text The developer's information prospectus.
• 2. What developments have you completed before and where can I see them? Why ask: a walk around an estate completed a few years ago says more about quality than a brochure.
• 3. Who will be the party to the agreement – the special-purpose company or the parent company? Why ask: with a special-purpose company you can inspect the financial statements of the parent company too (Art. 26(1)(4)(b)).
• 4. Can I inspect at the office the land and mortgage register, the building permit, the building design and the financial statements? Why ask: at your request the developer must make these documents available on its premises (Art. 26).
• 5. Is the land encumbered with the bank's mortgage and is there consent to transfer ownership free of encumbrances? Why ask: a developer starting sales must have such consent or a commitment from the bank (Art. 25). If it does not attach it to the agreement, you can withdraw within 60 days (Art. 43(1)(8)).

Questions about the flat and the standard (6–10)

• 6. By what standard do you calculate the usable area? Why ask: from 13.02.2026 the area is set under the Polish Standard in force on the day of the application for the building permit (Art. 5a), and the agreement must state the method of measurement (Art. 35(1)(15)).
• 7. What happens if after the measurement the area turns out different from the agreement? Why ask: the Act sets no single tolerance threshold – the rules for extra payments and refunds come from the agreement. Check whether the settlement works in both directions.
• 8. What exactly does the finish standard include? Why ask: the agreement must specify the scope and standard of finishing works (Art. 35(1)(6)). A point of reference: what developer standard includes.
• 9. Can I make tenant changes, by when and how much do they cost? Why ask: changes during construction are cheaper than alterations after handover, but the deadline for applications is sometimes short. Details: tenant changes at the developer (zmiany lokatorskie) (in Polish).
• 10. Where will the risers, the bin store and the garage entrance be, and what will be visible from the windows? Why ask: the storey plan and the site layout sketch are annexes to the prospectus. Compare them with the visualisations.

Questions about the price and additional costs (11–15)

• 11. Is the price per m² the same as on your website and how has it changed before? Why ask: the developer publishes on its website the prices of every unit with the history of changes (Art. 19a(1)–(2)). If there is a discrepancy, you can demand the most favourable price (para. 6). It is also an argument in negotiating the price of a flat.
• 12. Does the price include VAT and at what rate? Why ask: prices on the website are given including VAT. For units up to 150 m² the rate is 8%, and 23% on the excess area (Art. 41(12)–(12c) of the VAT Act).
• 13. How much does a parking space and storage room cost and must I buy them? Why ask: if they are not included in the price of the flat, their prices must be given on the developer's website (Art. 19a(1)(2)). More: parking space and storage room (in Polish).
• 14. Will I pay the developer anything else besides the price of the unit? Why ask: other monetary payments to the developer must also be disclosed on the website (Art. 19a(1)(3)).
• 15. Does the agreement provide for price indexation? Why ask: the prospectus has a separate field on the permissibility of indexation and its rules. If the price can rise, ask about the index and the cap.

An example on the median from our offer: a 2-room flat in Wrocław – 40,8 m² and 16 000 zł/m² (TM Invest offer data, as of 27.09.2026). This is how the answers to questions 7, 12 and 18 translate into amounts:

Item	Calculation	Amount
The price from the agreement (Art. 5a)	40,8 m² × 16 000 zł/m²	652 800 zł
of which 8% VAT	652 800 zł − 652 800 zł / 1,08	48 355,56 zł
The price after measuring 40,3 m² (question 7)	40,3 m² × 16 000 zł/m²	644 800 zł (−8 000 zł)
The maximum reservation fee (question 18)	1% × 652 800 zł	6 528 zł
Your half of the notary fee for the developer agreement	½ × ½ × [1 010 zł + 0,4% × (652 800 − 60 000 zł)]	845,30 zł net + 194,42 zł VAT
Your half of the fee for registering the claim	½ × 150 zł	75 zł

Do not want to go to the meeting alone? As part of help with buying a flat from a developer we will help you prepare for the conversation, compare developments, check the prospectus and talk to the developer about the price and terms of purchase. The buyer usually does not pay us a commission – the fee is typically paid by the developer.

Questions about the agreement and payments (16–21)

• 16. What escrow account do you run – open or closed – and at which bank? Why ask: from a closed account the developer receives the money only after ownership is transferred (Art. 15), from an open one – in instalments after stages are completed. The differences: Escrow account and DFG.
• 17. What does the payment schedule look like and is a 10/90 variant possible? Why ask: you pay after the stages in the schedule are completed (Art. 8), and with a mortgage the bank's tranches must match it. We compare the payment variants in the text A 10/90 flat and payment schedules.
• 18. How much is the reservation fee and when will I get it back? Why ask: it can be at most 1% of the price (Art. 32) and comes back, among other cases, when you do not get a mortgage because of a negative assessment of your borrowing capacity (Art. 34(1)(1)). More: reservation agreement with a developer.
• 19. Can I get the draft developer agreement before the visit to the notary? Why ask: the template agreement is an annex to the prospectus, and changes made after its delivery must be clearly highlighted in the agreement and bind you only with your consent (Art. 35(2)–(3)).
• 20. Who pays the notary and which notary will handle the deed? Why ask: the parties split the notary and court costs of the developer agreement equally (Art. 40(2)), but for the agreement transferring ownership the rules are set by the agreement. The full breakdown: costs of buying an apartment in Poland.
• 21. What contractual penalties do you provide for yourselves, and what for me? Why ask: the interest due to the developer cannot exceed the contractual penalties stipulated for the buyer (Art. 39(1)). If the agreement provides neither penalties nor interest, the developer pays you compensation at the level of the statutory interest that would be due to it for your delay in payments (Art. 39(2)).

Questions about deadlines and handover (22–25)

• 22. What is the date for completing construction, and what for transferring ownership? Why ask: these are two different dates in the agreement (Art. 35(1)(7) and (12)). Plan your move with a margin.
• 23. What happens if construction is delayed? Why ask: if the developer does not transfer ownership on time, you can set it an additional 120 days, and after they pass withdraw from the agreement, keeping your claim for the contractual penalty (Art. 43(1)(6) and (3)).
• 24. What does the handover look like and can I come with a specialist? Why ask: the handover takes place in the buyer's presence, and the developer has 14 days to respond to the defects in the report and 30 days to remove accepted defects (Art. 41(2)–(6)). You will find a checklist in the guide handover of a flat from a developer.
• 25. When do I get the keys – at handover or only at the deed? Why ask: the handover precedes the transfer of ownership (Art. 41(1)), but the moment the keys are handed over and the possibility of starting finishing before the deed depend on the developer's practice.

Questions about the development's surroundings (26–28)

• 26. What may be built in the neighbourhood? Why ask: the prospectus contains information on developments planned within a 1 km radius – from local plans, development-conditions decisions and environmental decisions.
• 27. Will the estate have further stages and how long will construction next door last? Why ask: with multi-stage estates you may live next to a building site for several years.
• 28. What are the transport links, schools and shops – now, not "in the plans"? Why ask: journey times in brochures are calculated in ideal conditions. Check the route at rush hour; the guides to the districts of Warsaw and the districts of Wrocław will help.

Questions about the time after the purchase (29–30)

• 29. Who will manage the building and how much will the first service-charge advances be? Why ask: in the first period the manager is usually named by the developer, and the advances affect your budget. What the charge depends on we write in the text Service charges in a new block (in Polish).
• 30. How do I report defects after handover and do you give a guarantee beyond the statutory warranty? Why ask: the statutory warranty (rękojmia) for defects in real estate covers defects found within 5 years of handover (Art. 568 § 1 of the Civil Code, applied to developer agreements by Art. 41a of the Act). A guarantee is voluntary – ask for a guarantee document.

Checklist: a good answer and a red flag

Clarify the signals below before the first payment. We discuss a broader list of risks in the article What to watch for when buying a flat from a developer – 15 pitfalls.

Question	A good answer	A red flag
The information prospectus (1)	We send the prospectus with annexes before the reservation, also by e-mail	"You will get the prospectus at the notary"
Documents to inspect (4)	Let's set a date, we will show the land register, the permit and the statements	A refusal or "these are internal documents"
The bank's consent (5)	The consent exists and will be an annex to the agreement	No answer or "the bank will give it later"
The price per m² (11)	A price consistent with the website, we will show the history of changes	A different "today only" price than on the website, with no explanation
Additional costs (13–14)	A full list of charges in writing	Mandatory extra payments that are not on the website
The escrow account (16)	The bank's name, the account number and the type of account in the agreement	A request to pay into an ordinary company account
The draft agreement (19)	We send the draft a few days before the deed	The agreement available only at the notary's office
Delays (21, 23)	Symmetrical contractual penalties, specific daily rates	Penalties only for the buyer or very broadly described "force majeure"

Frequently asked questions

Summary

A list of questions to a developer before buying a flat does not have to be long, but it must be specific: the prospectus, documents, the escrow account, how the price and floor area are calculated, additional costs, deadlines and penalties. Most of the answers have a basis in the Developer Act – compare them with what you hear and ask for confirmation in writing. We describe the whole purchase process – from choosing a development to the deed – in the guide How to buy a new-build apartment in Poland.

Want to go through these questions with someone who has been on the market since 2016? Use our help in buying a flat from a developer – we will select offers from the current catalogue, help you prepare for the conversation, check the prospectus and guide you through the process up to the notarial deed. The buyer usually does not pay a commission – the fee is typically paid by the developer.

Legal status as of September 2026. The calculations are indicative, and the article does not constitute legal advice – it is worth consulting the content of a specific agreement before signing.

Sources

• Act of 20 May 2021 on the protection of the rights of a purchaser of a residential unit or a single-family house and on the Developer Guarantee Fund – consolidated text Dz.U. 2026 item 880 (in Polish) (Art. 5, 5a, 8, 15, 19a, 21, 24–26, 32, 34, 35, 39–41a, 43 and the annex – the prospectus template)
• Act of 4 December 2025 amending the Act on the protection of the rights of a purchaser of a residential unit – Dz.U. 2026 item 27 (in Polish) (Art. 5a, in force from 13.02.2026)
• Civil Code – consolidated text Dz.U. 2026 item 795 (in Polish) (Art. 568 – the warranty)
• Act on goods and services tax (VAT) – consolidated text Dz.U. 2025 item 775 (in Polish) (Art. 41(12)–(12c))
• Regulation of the Minister of Justice on the maximum rates of the notary fee – consolidated text Dz.U. 2024 item 1566 (in Polish) (§ 3, § 6(15a))
• Act on Court Costs in Civil Cases – consolidated text Dz.U. 2025 item 1228 (in Polish) (Art. 43)
• Flat prices: TM Invest developments catalogue, as of 27.09.2026