Getting Your Reservation Fee Back From a Polish Developer

You paid a reservation fee to "lock in" your dream flat, but then the bank turned down your mortgage, or the developer itself backed out of what was agreed — and now won't hand the money back. This is one of the most common disputes at the pre-contract stage of buying a flat in Poland. Below we explain what a reservation agreement (umowa rezerwacyjna) actually is, how much the fee can legally be, and in which situations you're entitled to get it back — including a doubled refund.

This guide is general legal information, not legal advice. How the rules apply depends on the wording of your reservation agreement, the evidence you have, the circumstances of your case, and whether you are acting as a consumer or in the course of a business — we do not guarantee any outcome or a specific refund amount. If you need advice or representation, the matter should be assessed by a qualified Polish lawyer. TwojaSprawa helps you organise the documents for that assessment.

Key facts

• A reservation agreement is a separate contract, signed before the main development agreement, under which the developer agrees to take a flat off the market temporarily in exchange for a reservation fee.
• The size of the reservation fee is capped by the Polish Developer Act of 2021 — the developer cannot simply demand whatever figure it likes.
• A single refund generally applies where the development agreement was never signed for reasons not attributable to either party, or for reasons on the buyer's side.
• A double refund applies where it was the developer's fault that the development agreement never came about — for example, changing the terms without the buyer's consent.
• Mortgage refusal can be one basis for recovering the fee, but it usually requires meeting extra formal conditions set out in the agreement and the Act.
• Documentation is essential — the reservation agreement itself, proof of payment, correspondence with the developer, and the bank's written refusal decision.

What a reservation agreement is, and where the fee comes from

A reservation agreement is signed before the development agreement itself (whether that later contract is a preliminary agreement or one that transfers ownership outright). Under it, the developer agrees to take the chosen flat off the market temporarily, and in return the buyer pays a reservation fee. The Act of 20 May 2021 on the protection of rights of purchasers of a residential unit or single-family house and on the Developer Guarantee Fund (Dz.U. 2021 poz. 1177, available at isap.sejm.gov.pl), in force since 1 July 2022, put a proper legal framework around the reservation agreement — before that, it operated mainly on general Civil Code principles and market custom.

The fact that the reservation fee is now regulated by statute matters to buyers in two ways: first, the amount cannot be set arbitrarily high; second, the Act sets out specific situations in which the fee must be refunded rather than kept by the developer.

The fee cap — could the developer really ask for any amount?

The reservation fee should be tied to the flat's price as stated in the developer's information prospectus (prospekt informacyjny), not set at the developer's discretion. If you suspect the amount you were asked to pay exceeded the permitted ceiling, it's worth checking this with a lawyer against the current wording of the Developer Act. Exceeding the cap can affect the validity of the reservation agreement as a whole, or of individual clauses within it — but that is an assessment that needs a lawyer to look at the actual contract.

Regardless of the cap, the reservation agreement itself should clearly set out: the fee amount, the reservation period, the conditions for signing the eventual development agreement and — most importantly from a refund perspective — the circumstances in which the fee is returned and those in which it is forfeited.

When you're entitled to a single refund of the reservation fee

As a general rule, a refund of the amount paid (without doubling) can apply where the development agreement was never signed for reasons neither party is responsible for, or where the reason lies with the buyer — for instance, the buyer simply changed their mind. In practice, much depends on how the parties drafted the reservation agreement and whether it expressly addressed a buyer's "change of mind".

Before assuming the money is gone for good, read the signed agreement carefully — together with the Act, it is what decides whether, and to what extent, you can claim a refund.

When you're entitled to a double refund of the reservation fee

The Developer Act sets out situations where it was the developer who caused the development agreement not to be signed — for example, changing material terms of the agreement without the buyer's consent, failing to correct a defect in the information prospectus that the buyer had pointed out, or the price stated in the final agreement turning out to be higher than the price in the prospectus or reservation agreement. In these cases, the Act may provide for the reservation fee to be refunded at double the amount paid.

This is one of the strongest levers you have in a dispute over a refund — if the failure of the transaction really was down to the developer, it is worth proving this precisely with documents (correspondence, an amended prospectus, contract annexes).

Mortgage refusal and the reservation fee refund

A common scenario: the buyer reserves a flat expecting to finance it with a mortgage, and the bank ultimately refuses to lend. The Developer Act may provide that in this situation the reservation fee is refundable, provided the buyer met certain formal conditions — for example, presenting the developer with the bank's written refusal decision within the required timeframe.

Keeping the bank paperwork is essential here: a written credit decision (not just a phone call or an email from your mortgage adviser), together with the date it was received — this is often what determines whether the deadline for notifying the developer was met.

How to claim your reservation fee back — step by step

1. Read your reservation agreement carefully — check the clauses on refund conditions, the reservation period, and any provision for doubling the refund.
2. Gather your documentation: the reservation agreement, proof of payment (bank transfer confirmation), the information prospectus in force at the time of reservation, any bank mortgage-refusal decision, and all correspondence with the developer.
3. Work out which scenario applies to you — no agreement signed for reasons outside anyone's control, fault on the developer's side (possible double refund), or mortgage refusal.
4. Send a written demand for the refund (wezwanie do zapłaty), stating the legal basis, the amount claimed, and a deadline for payment.
5. If the developer refuses or stays silent — consider consulting a lawyer about next steps, including a possible civil claim.

Frequently asked questions

Can the developer keep the whole reservation fee if I simply changed my mind? It depends on the wording of your specific reservation agreement and on what the Developer Act provides for a buyer-initiated withdrawal. It's worth having the agreement reviewed by a lawyer before deciding how to proceed.

Do I need a written bank decision to get my money back after a mortgage refusal? In practice, yes — a conversation with a mortgage adviser is usually not enough on its own. A formal, written bank refusal decision is the key document.

How long does the developer have to refund the reservation fee? The Act may set a specific deadline for making the refund once the conditions are met. Until this is confirmed, it is safer to assume the deadline needs checking against both the agreement and the Act on a case-by-case basis.

Can I still claim a refund if several months have passed since I withdrew? A claim for the return of a reservation fee is a monetary claim and is subject to the general limitation rules. Even so, it's not worth delaying — the sooner you send a demand, the easier it is to reconstruct the facts of the case.

Need help with this issue?

If a developer isn't returning your reservation fee despite the statutory conditions being met, it's worth organising your documentation first, before sending a demand letter or considering further steps. See also related topics from this section:

• Odstąpienie od umowy deweloperskiej — kiedy jest możliwe i jak to zrobić? (in Polish)
• Rękojmia, gwarancja i ustawa deweloperska — którą drogą dochodzić usunięcia wad (in Polish)
• Checklista dokumentów do sprawy przeciwko deweloperowi — co przygotować przed analizą (in Polish)
• Wszystkie poradniki o sporach z firmami — pełna baza wiedzy (in Polish)

Send us your reservation agreement, proof of payment, and any bank refusal decision — we'll help you organise the documents for further analysis. Submitting the form does not create a contract, and the initial review is free. Tell us about your situation with the developer