Buying a New-Build Property from a Developer in Poland

This guide is general legal information, not legal advice. How the rules apply depends on your individual circumstances, contracts, documents and deadlines. If you need advice or representation, the matter should be assessed by a qualified Polish lawyer. Twoja Sprawa helps you organise the documents for that assessment.

Key points

• The Polish new-build market has its own protective regime — a 2021 statute (the "developer law") requires developers to use an escrow account, hand over a prospectus before signing, and follow a formal handover procedure. None of this exists when you buy from a private seller on the resale market.
• Your payments go into a ring-fenced bank account, not straight to the developer — this is the single biggest structural difference from a resale purchase.
• The Developer Guarantee Fund (Deweloperski Fundusz Gwarancyjny, DFG) adds a further layer of protection if the developer or the bank running the escrow account goes insolvent.
• The developer's contract (umowa deweloperska) must be signed as a notarial deed — otherwise it is void; the notary registers your claim against the property in the land and mortgage register (księga wieczysta) automatically.
• Handover (odbiór) is a formal, documented procedure with statutory deadlines for the developer to respond to and fix defects you raise.
• None of this requires you to be physically present in Poland, provided you set up a power of attorney and a trusted person on the ground in advance.

Who this guide is for

• Poles living in the UK buying a flat or house directly from a developer in Poland — to move back into, for family, or as an investment.
• UK nationals (partners or spouses) buying jointly with a Polish spouse or on their own — note that buying a standalone flat generally does not require MSWiA permission, but a house with land may.
• Anyone planning to run the transaction remotely through a power of attorney, without travelling to Poland to sign the developer's contract.
• Not for buyers on the resale market (buying from a private seller) — that market runs under a different legal regime, based on statutory warranty (rękojmia) under the Civil Code, covered in a separate guide.

Contents

• Primary market vs resale market — why it matters
• Reservation agreement and reservation fee
• The information prospectus — what the developer must show you
• Escrow account: open or closed
• The Developer Guarantee Fund (DFG)
• The developer's contract — form, costs, land register entry
• Handover and raising defects
• After transfer of ownership — statutory warranty
• How to manage this remotely from the UK
• Documents you will need
• Common risks and mistakes
• Checklist
• Frequently asked questions
• Deadlines

Primary market vs resale market — why it matters

Buying directly from a developer (the primary market) puts you under 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 — commonly called the "developer law" (ustawa deweloperska). This is a distinct set of protections that simply does not exist when you buy from a private individual on the resale market, where the general statutory warranty (rękojmia) under the Civil Code applies instead, with no escrow account, prospectus, or guarantee fund.

The developer law is semi-mandatory: contract terms that are less favourable to the buyer than the statute are void, and the statutory provisions apply in their place automatically. In other words, a developer cannot contract you out of the statutory protections.

Reservation agreement and reservation fee

Before you sign the developer's contract, the developer may offer a reservation agreement (umowa rezerwacyjna) — it must be in writing or it is void, and it temporarily takes the chosen unit off the market for you.

If the agreement includes a reservation fee:

• it cannot exceed 1% of the unit's price as stated in the information prospectus,
• it is credited against the purchase price,
• the developer must transfer it to the housing escrow account within 7 days of signing the developer's contract,
• it must be refunded doubled if the developer failed to perform the reservation agreement or changed the prospectus without informing you,
• in other legitimate cases where the developer's contract does not proceed (e.g. mortgage refusal), it is refunded at face value, without delay.

For a fuller comparison of what to sign at which stage, see Reservation Agreement or Preliminary Contract: What Should a Buyer Sign?

The information prospectus — what the developer must show you

Before you sign any agreement covered by the statute (reservation or developer's contract), the developer must hand you an information prospectus (prospekt informacyjny) with attachments. This is not paperwork to skim after signing — the prospectus forms an integral part of the developer's contract, and you should receive it before you commit to anything.

For a UK-based buyer, the prospectus is especially important: it is the one document you should read carefully (translating it if you are not confident with Polish construction terminology) before accepting the price and payment schedule — most of the transaction's real terms flow from it.

Prospekt informacyjny (information prospectus) — a mandatory pre-contractual disclosure document, comparable in purpose to a UK new-build "material information" pack, though the legal mechanism differs.

Escrow account: open or closed

A developer starting sales must use one of two payment-protection mechanisms:

Rachunek powierniczy (escrow/trust account) — a ring-fenced account held by a bank or credit union (SKOK), not the developer's operating account. In either case, ask which type the developer uses for the specific project (or have your representative check the prospectus) — this is information you need before signing, not after.

The Developer Guarantee Fund (DFG)

Regardless of which escrow account type is used, the developer must make timely contributions to the Developer Guarantee Fund (Deweloperski Fundusz Gwarancyjny, DFG). The DFG protects buyers' funds in cases including the developer's or the escrow bank's insolvency.

The exact contribution rates (commercial sources cite different rates for open vs closed accounts) have not been verified directly against the implementing provision in this research. As a buyer, you do not need to take any action on this — it is the developer's obligation — but it is worth knowing the mechanism exists regardless of which account type is used on your project.

The developer's contract — form, costs, land register entry

The developer's contract (and the subsequent contract transferring ownership) must be executed as a notarial deed, or it is void — the same applies to any assignment of rights under the developer's contract to a third party.

A few practical points that set a developer purchase apart from an ordinary notarial transaction:

• Notary fees and court fees for the land register entry are split equally between the developer and the buyer — a departure from ordinary market practice, where notary costs are usually borne entirely by the buyer on a resale purchase.
• The notary automatically files, without a separate request from you, an application to enter your claim to the transfer of ownership in the księga wieczysta (the land and mortgage register — broadly comparable to an HM Land Registry title register, though the systems are not identical) — filed electronically through the court's IT system. This is an extra safeguard you do not automatically get on the resale market.
• Notarial acts are conducted in Polish. If you (or a UK partner buying with you) do not speak Polish, the notary — at your request, and if they have documented knowledge of the language, or with the help of a sworn translator — can carry out the act additionally in a foreign language. If a party does not know Polish and no translation into a language they know is attached to the deed, the notary must translate the act personally or use a sworn translator (tłumacz przysięgły). In practice, where a party does not speak Polish, having a sworn translator present is standard — book one well ahead, as it affects when the deed can be signed.

For more on running the transaction itself remotely — power of attorney, apostille, translations — see Buying Property in Poland Remotely from the UK: Power of Attorney, Apostille and Translation.

Handover and raising defects

Before the developer can transfer ownership to you, there must be a handover (odbiór) of the unit — carried out in your presence (or your representative's) and recorded in a protocol, against which you can raise defects.

The procedure has specific statutory deadlines:

• the developer has 14 days to respond to defects you raise — no response within that time means the defects are deemed accepted,
• the developer has 30 days to fix accepted defects, with a longer period possible in justified cases,
• if you identify a material defect the developer does not accept, you may refuse the handover; at a repeat handover, the disputed point is resolved by an independent construction expert's opinion — the cost of the opinion falls on whichever side's position was not confirmed,
• if the expert confirms a material defect, you may withdraw from the developer's contract.

If you live in the UK and cannot attend the handover in person, this step can also be carried out by a representative — provided the power of attorney explicitly covers handover and raising defects. Consider instructing an independent building surveyor to attend, whether or not they also act as your legal representative — the handover protocol is a document that is hard to improve on after the fact.

After transfer of ownership — statutory warranty

The handover procedure under the developer law does not exhaust your protection. For matters not covered by that procedure (for example, defects that only appear after ownership has transferred), the Civil Code's rules on statutory warranty for sale (rękojmia) apply by analogy. This means that once handover is complete, you have the same warranty protection — including a five-year period running from the date the property was handed over — as a buyer on the resale market.

The developer, as seller, is liable under statutory warranty for a physical defect in the property identified before 5 years have passed from the date of handover. A claim to have the defect fixed or the item replaced expires one year after the defect is identified, but for a consumer that one-year period cannot end before the basic five-year term does.

For disputes with a developer after handover — complaints, defects discovered later, refusal to fix — see the separate guide: Property Defects and Disputes with Sellers or Developers in Poland.

How to manage this remotely from the UK

The whole path above — from prospectus to handover — can be run without being based in Poland, if you plan ahead:

1. Ask for the information prospectus while you are still comparing offers, before paying anything — read it (with translation help if needed) before signing a reservation agreement.
2. Check which type of escrow account the developer uses (open or closed) and the payout schedule — this directly affects your financial exposure during construction.
3. Arrange a notarial power of attorney that explicitly covers: signing the developer's contract, attending the handover, and raising defects. A power of attorney limited to "purchasing the property" without these elements may prove too narrow.
4. Line up an independent person on the ground for the handover — a representative or building surveyor — as this is the one stage a video call cannot fully substitute for.
5. Plan the funds transfer well in advance — have your GBP→PLN currency conversion and AML source-of-funds documentation ready before the escrow payment deadline, not at the last minute.

Documents you will need

• Information prospectus with attachments (from the developer).
• Reservation agreement (if used) and proof of the reservation fee payment.
• Draft developer's contract for review before signing.
• Notarial power of attorney (apostilled and translated if executed in the UK) explicitly covering signing the developer's contract, attending handover, and raising defects.
• Source-of-funds documentation (AML) — bank statements, proof of sale of a previous property, income documents.
• Handover protocol with the list of defects raised (if applicable).
• The notarial deed transferring ownership and the land register extract once the entry is made.

Common risks and mistakes

1. Signing the developer's contract without first reviewing the information prospectus — this document explains most of the transaction's real terms; it is easier to skip when buying remotely, and correspondingly riskier.
2. Not checking which type of escrow account the developer uses — the difference between an open and a closed account materially changes how much risk you carry during construction.
3. A power of attorney that is too narrow and does not cover handover — if your representative lacks explicit authority to attend handover and raise defects, the whole procedure can stall waiting for you to travel in person.
4. Relying only on photos or a video call at handover — handover is a formal step with statutory deadlines; without a qualified inspection on the ground (a building surveyor), defects can be missed and are harder to prove once you have signed a protocol without reservations.
5. Not preparing AML documentation in advance — being asked at the last minute by the bank, notary, or developer for source-of-funds evidence can delay payment into the escrow account and push back the whole schedule.
6. Assuming buying a flat gives you a right of residence in Poland — purchasing property, including from a developer, is not on its own a residence or visa title.

Checklist

• [ ] You received and read the information prospectus before signing a reservation or developer's agreement.
• [ ] You checked whether the developer uses an open or closed escrow account.
• [ ] Your power of attorney explicitly covers: signing the developer's contract, attending handover, raising defects.
• [ ] You have a trusted person or building surveyor ready to attend the handover in person.
• [ ] You prepared source-of-funds (AML) documentation ahead of the escrow payment deadline.
• [ ] You planned your GBP→PLN currency conversion with a time buffer.
• [ ] You know your deadlines for raising defects at handover and under the post-transfer statutory warranty.
• [ ] You obtained an electronic land register extract confirming ownership once the entry was made.

Frequently asked questions

How is buying from a developer different from buying on the resale market?

Buying from a developer is governed by the 2021 developer law, which requires an escrow account to protect your payments, an information prospectus before you sign, and a formal handover procedure with statutory deadlines for raising and fixing defects. On the resale market, buying from a private individual, none of these mechanisms apply — you rely instead on the general statutory warranty under the Civil Code, with no escrow account or guarantee fund.

Do I need to travel to Poland to sign the developer's contract?

No. The developer's contract — like the deed transferring ownership — can be signed on your behalf by a representative acting under a notarial power of attorney, provided the power of attorney explicitly covers that act. It is still worth having someone you trust on the ground at least for the handover.

What is the Developer Guarantee Fund and do I need to do anything about it?

The DFG is a fund built from mandatory developer contributions, providing an additional layer of protection for buyers' funds in cases including the developer's or escrow bank's insolvency. As a buyer, you do not need to take any action — it is the developer's statutory obligation — but it is worth knowing this mechanism exists independently of which escrow account type the developer chose for the project.

What happens if I find a defect at handover and the developer disagrees?

You may refuse the handover if you consider the defect material. At a repeat handover, the disputed point is decided by an independent building expert's opinion — if the expert confirms a material defect, you may withdraw from the developer's contract. The cost of the opinion is borne by whichever side's position was not confirmed.

Can I withdraw from the developer's contract if I simply change my mind?

The developer law allows withdrawal only in a closed list of specific situations set out in the statute — for example, if the contract is missing required elements, is inconsistent with the prospectus, the developer failed to transfer ownership on time, or failed to fix a material defect — not "because you changed your mind." The statutory deadlines for withdrawal are relatively short, so it is worth checking with a lawyer whether your situation actually qualifies.

Does buying a flat from a developer give me a right of residence in Poland?

No. Buying property, including from a developer, is not on its own grounds for a visa, a residence permit, or any other residence title — that is governed separately by the law on foreigners.

Deadlines

• The developer has 14 days to respond to defects raised in the handover protocol — no response means the defects are deemed accepted.
• The developer has 30 days to fix accepted defects (extendable in justified cases).
• Statutory warranty for physical defects after transfer of ownership runs for 5 years from the date the property was handed over; a claim to fix or replace expires one year after the defect is identified, but for a consumer that period cannot end before the basic five-year term does.
• Withdrawing from the developer's contract for delay in transferring ownership requires first giving the developer an additional 120-day period.
• The reservation fee must be transferred to the escrow account within 7 days of signing the developer's contract.

If you are buying from a developer in Poland while living in the UK and want to make sure the contract, prospectus and power of attorney are structured correctly before you sign — describe your situation via the assessment form and request a free initial assessment of what to check before your next step.

Related guides

• Reservation Agreement or Preliminary Contract: What Should a Buyer Sign?
• Property Defects and Disputes with Sellers or Developers in Poland
• Taxes, Notary Fees and Other Costs of Buying Property in Poland
• Buying Property in Poland Remotely from the UK: Power of Attorney, Apostille and Translation
• Deweloperski Fundusz Gwarancyjny — ochrona nabywcy (in Polish): /blog/baza/silos-7-spory-z-firmami/deweloper/deweloperski-fundusz-gwarancyjny-ochrona-nabywcy
• Analiza umowy deweloperskiej przed podpisaniem — service page (in Polish): /prawo-nieruchomosci/analiza-umowy-deweloperskiej

Przeczytaj po polsku: Zakup mieszkania lub domu od dewelopera w Polsce

Sources

• 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 — Chancellery of the Sejm (ISAP) — https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU20210001177
• Act of 23 April 1964, Civil Code (articles 158, 389-396, 556-576) — Chancellery of the Sejm (ISAP) — https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU19640160093
• Act of 14 February 1991, Law on Notaries — Chancellery of the Sejm (ISAP) — https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU19910220091
• Act of 24 March 1920 on the acquisition of real estate by foreigners — Chancellery of the Sejm (ISAP) — https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU19200310178
• Acquisition of real estate by a foreigner — Ministry of Development and Technology (biznes.gov.pl) — https://www.biznes.gov.pl/pl/portal/ou209

Information verified on: 11 July 2026.