You have chosen a new flat in Warsaw, and the developer has sent an information prospectus (prospekt informacyjny) in Polish and is waiting for the reservation fee. The prospectus is a mandatory document about the developer, the development and your particular flat. The developer must hand it over free of charge, with its annexes, before the reservation agreement or the developer agreement (Article 21, as of October 2026). The law does not require a translation, so understanding the document before you pay is up to you. Below you will find a glossary of Polish terms that will let you find the key fields in the PDF quickly, and a description of how language, the interpreter and the notary work through the whole procedure. The reservation fee cannot exceed 1% of the price stated in the prospectus (Article 32(2)).
We cite the provisions of the Act of 20 May 2021 on the protection of the rights of purchasers of residential premises or single-family houses and on the Developer Guarantee Fund (the Developer Act, consolidated text Journal of Laws 2026, item 880), as of October 2026. The rules protecting purchasers have applied since 1 July 2022.
Glossary: which words to search for in the prospectus
PDF search works from the beginning of a word. In the document the terms appear in different grammatical cases, so type only the start of the word, for example “waloryzac”, “powierzchni”, “planu”.
Scroll the table sideways to see all columns.
| Polish term | What it means | What to check |
|---|---|---|
| Data sporządzenia prospektu, aneks | date of the document and amendments to it | whether you received all the amendments |
| księga wieczysta, hipoteka | land and mortgage register and encumbrances | the register number and the entries in section IV |
| pozwolenie na budowę | building permit | whether it exists, is final, or has been appealed |
| rachunek powierniczy: otwarty, zamknięty | special bank (escrow) account for your payments | type of account, bank, DFG contribution rate |
| harmonogram | construction schedule split into stages | at least 4 stages and the planned end of works |
| przeniesienie prawa własności | the date by which ownership of your flat is transferred | whether it matches the draft agreement |
| cena, powierzchnia użytkowa | flat price, price per m², floor area | whether the price matches the offer and the developer’s website |
| waloryzacja | price adjustment over time | whether the agreement allows it and on what terms |
| plan miejscowy | local zoning plan for the surroundings | provisions for plots within 100 m |
| rzut kondygnacji, wzór umowy | annexes: floor plan, draft agreement, site layout sketch | whether you received all three annexes |
| umowa rezerwacyjna, opłata rezerwacyjna | reservation agreement and its cost | written form, fixed period, fee up to 1% |
The third annex, next to the floor plan and the draft agreement, is a sketch of the concept for developing the site of the development and its surroundings. If any annex is missing, do not pay for the reservation until the developer sends it.
The prospectus: when you get it and why it is part of the contract
A developer starting sales prepares a prospectus for each undertaking according to the template annexed to the Act (Article 20(1) and (3)). It must be handed over before the developer agreement or, if a reservation comes first, before the reservation agreement (Article 21(1)).
- Free of charge and with annexes, on a durable medium (Article 21(2)). The Act means a medium that allows information to be stored and reproduced unchanged (Article 5(11)).
- On paper on request, at the developer’s premises, if you received the prospectus only in another form (Article 21(3)).
- The prospectus is part of the contract. Together with its annexes, it forms an integral part of the reservation agreement and the developer agreement (Article 23(2)). It is not an advertising leaflet but part of what you sign.
The developer also publishes the general part of the prospectus on its website: from the start of sales, and where there are reservation agreements, at the latest before the first of them (Article 19a(1), in force since 11 July 2025). The price per m² including VAT is published there too. If the price on the website differs from the one offered at signing, you may demand an agreement at the price most favourable to you (Article 19a(6)). We have gathered developer prices in Warsaw from the open data on dane.gov.pl, with the update date, in our catalogue of new flats in Warsaw with prices from dane.gov.pl. It helps you check the price in the prospectus.
The exception is a completed flat sold under an ordinary sale agreement. There is then no full prospectus. The developer provides short information on the property and the flat, without the parts on financing, protection of payments, the schedule and withdrawal (Articles 3 and 27(1)).
What to check in the land and mortgage register, KRS and the building permit
This is a simple comparison of data, not a full due-diligence check of the developer.
- Land and mortgage register (księga wieczysta, KW). Enter the number from the prospectus in the Elektroniczne Księgi Wieczyste search engine of the Ministry of Justice. Check whether the entries in section IV match the field on mortgages in the prospectus.
- KRS. Look up the number from the general part in the KRS search engine: are the company’s name and address the same as in the prospectus and the draft agreement?
- Building permit. The prospectus contains three yes/no fields: whether the permit exists, whether it is final and whether it has been appealed. Next to them are the decision number and the name of the issuing authority.
The developer shows the remaining documents at its own premises. On your request, even before the reservation, it must make available at its seat, among other things, the current state of the land and mortgage register, an extract from the KRS or a CEIDG certificate, the building permit, financial statements for the last two years, the building design, and the consent of the bank or other lender to transfer the flat free of encumbrances, or an undertaking to give it (Article 26(1), as of October 2026). These documents are also in Polish, so it is worth bringing someone to the meeting who can read them.
Escrow account and DFG: what the prospectus says about your money
In the general part, find the field “Środki ochrony nabywców” (purchaser protection measures). It states the type of residential escrow account (mieszkaniowy rachunek powierniczy), open or closed, the rate of the contribution to the Developer Guarantee Fund (DFG) and the name of the institution securing the purchaser’s funds.
The DFG contribution is calculated and paid by the developer, not by you (Article 49(5)). The rate depends on the date sales began (Article 49(6)). As of October 2026, under the regulation of 21 June 2022 (Journal of Laws 2022, item 1341), it is 0.45% for an open account and 0.1% for a closed one. The Act allows a maximum of 1% for an open account and 0.1% for a closed one (Article 49(7)).
The DFG is a separate account within the Insurance Guarantee Fund (UFG, Article 46). It refunds purchasers’ payments into an open account, among other cases on the developer’s bankruptcy (Article 48(1)). Details on the fund: dfg.ufg.pl.
The reservation fee is credited towards the price. After the developer agreement is signed, the developer transfers it to the escrow account within 7 days at the latest (Article 32(3)-(4)). More on reservation risks: risks of a developer reservation agreement.
The schedule and deadlines: what is binding
The schedule (harmonogram) divides construction into stages. As of October 2026, it covers at least 4 stages, and the cost of each is from 10% to 25% of the cost of the whole undertaking, not of your flat’s price (Article 24(2)). For each stage, a completion date and a percentage split of costs are given. The Act itself calls this split “estimated” (Article 24(1)(2)).
- “Planowany termin rozpoczęcia i zakończenia robót budowlanych” (planned start and end of construction works) in the general part concerns the whole building.
- “Termin, do którego nastąpi przeniesienie prawa własności” (the date by which ownership will be transferred) in the individual part concerns your flat. Compare it with the date in the draft agreement.
- Price indexation. The prospectus has a field “Dopuszczenie waloryzacji ceny oraz określenie zasad waloryzacji” (whether price indexation is permitted and its rules). If it says “yes”, read the rules before you pay the reservation.
How to follow construction after signing is covered in our text on how to check whether construction will meet the deadline. For payments on top of the flat’s price, see the article on what makes up the full cost of a flat from a developer.
If you are a foreigner: language, translator, notary and renting during construction
Must the developer give you the prospectus in your language? No. The Developer Act has no rule on the language of the prospectus or the agreement. The general Polish Language Act applies (consolidated text Journal of Laws 2026, item 81, as of October 2026):
- in dealings with a consumer residing in Poland, under a contract performed in Poland, Polish is used (Article 7(1)), including in documents required by other acts (Article 7(3));
- a version in another language may be drawn up alongside the Polish one. If the purchaser is a Polish citizen, the Polish version is the basis for interpretation (Article 8(1a));
- a foreign-language document is possible when you ask for it yourself, know that language, are not a Polish citizen and were told beforehand about your right to a Polish text (Article 8(1b)).
These provisions do not introduce an obligation to translate the prospectus. You can ask the developer for an English version, but how the rules apply to the prospectus itself is for a lawyer to judge. Until a parallel version exists, you sign the Polish text, and any translation serves above all you, so that you understand what is written.
A translation for yourself and a certified translation. Certified translations and interpreting are done by a sworn translator (Article 13 of the Act on the Profession of Sworn Translator, Journal of Laws 2019, item 1326). The list of translators is kept by the Minister of Justice and published in the BIP (Article 6(2) and Article 10). A full translation of every page of the prospectus is not always needed. It is more important to understand the fields from the glossary above and the draft agreement.
Why you must understand the prospectus before the notary. The developer agreement requires the form of a notarial deed (Article 40(1)). In the deed you declare that you received the prospectus and read it (Article 35(1)(16)). So understand it before the visit to the notary, not while the deed is being read.
How it works at the notary. As of October 2026 (Notaries Act, consolidated text Journal of Laws 2026, item 614):
- the notarial act is carried out in Polish. At a party’s request, the notary may additionally draw it up in a foreign language: personally, if the notary has certified knowledge of the language equivalent to a sworn translator, or with a sworn translator (Article 2 § 3);
- if a participant does not know Polish and no translation into a language they understand is attached to the deed, the notary translates the deed personally or through a translator (Article 87 § 1(1));
- before signing, the deed is read out, and the notary must make sure the participants understand its content and significance (Article 94 § 1).
Warn the notary in advance that you need interpreting, and agree who invites the interpreter and who pays.
A share in a road: when a foreigner does need an MSWiA permit. A foreigner can buy a self-contained residential flat in Warsaw without an MSWiA permit, whatever their citizenship (Article 8(1)(1) of the Act on the Acquisition of Real Estate by Foreigners, Journal of Laws 2017, item 2278, as of October 2026). A share in the land and the common parts of the building also needs no permit. According to MSWiA guidance, however, a permit is needed for a share in a separate property sold together with the flat, for example an access road or part of an estate. So in the individual part of the prospectus look at the field on access to a public road, and in the draft agreement check whether the object of sale includes a share in a separate plot. A transaction made without a required permit is void (Article 6(1)). This does not apply to citizens of the EEA and Switzerland or to persons with Polish citizenship. A foreigner who has lived in Poland for at least 5 years after obtaining a permanent residence permit or EU long-term resident status also needs no permit (Article 8(1)(2)). According to MSWiA (the “Najczęściej zadawane pytania” tab, version of 27.06.2022), obtaining a permit takes 2-4 months in practice, sometimes longer. The Code of Administrative Procedure (Article 35 § 3) provides up to 2 months for particularly complicated cases. Factor this into the reservation deadline.
Renting during construction. Under the developer agreement you pay the money into the escrow account in instalments, following the stages of the schedule (Article 8). According to GUS, multi-family buildings completed in 2025 took 24.8 months to build on average (the publication “Efekty działalności budowlanej w 2025 r.” of 30.06.2026, an average for the whole of Poland). If you rent a flat until you collect the keys, count the rent up to the ownership transfer date from the prospectus and the agreement, not to a date the sales team gave you orally.
What to do when the agreement differs from the prospectus
During the reservation. The developer must inform you of changes to the prospectus and annexes and state what the change concerns (Article 33(1)). If it changed the prospectus without informing you, the reservation fee is refunded without delay (Article 34(1)(3)).
When signing the developer agreement. Changes made between handing over the prospectus and signing must be clearly set apart in the agreement. They bind you only if you agreed to include them (Article 35(2)-(3)). So compare the prospectus with the draft agreement once more before the notary, ideally with an interpreter.
After signing. As of October 2026, you can withdraw from the developer agreement within 30 days of its conclusion (Article 43(2)), among other cases where:
- the information in the agreement does not match the prospectus, apart from changes accepted under Article 35(2);
- the developer did not hand over the prospectus or the information on a change;
- the data in the prospectus do not reflect the factual or legal state on the date of the agreement;
- the prospectus lacks data required by the template.
The statement is made in writing with a notarially certified signature and with consent to the deletion from the register of the entry on your claims (Article 45(1)). The agreement is then treated as never concluded, you bear no costs of withdrawal, and the developer refunds the money paid out to it from the account without delay, no later than 30 days after receiving the statement (Article 44(2)-(3)). This right concerns the developer agreement. For a reservation, the rules of Articles 33-34 described above apply.
FAQ
Does a Polish developer have to give me the prospectus in English?
No. As of October 2026, the Developer Act (Journal of Laws 2026, item 880) contains no rule on the language of the prospectus. The Polish Language Act (Journal of Laws 2026, item 81, Article 8(1b)) allows a document in a foreign language when you ask for it yourself, know that language, are not a Polish citizen and were told beforehand about your right to a Polish text. No rule obliges the developer to translate the prospectus.
When must the developer hand over the prospectus?
As of October 2026: free of charge, with its annexes, on a durable medium, before the developer agreement is signed, or, if you sign a reservation first, before the reservation agreement (Article 21 of the Developer Act). The prospectus and annexes form an integral part of both agreements (Article 23(2)).
How much can a developer charge for reserving a flat?
As of October 2026, the reservation fee cannot exceed 1% of the flat’s price stated in the prospectus (Article 32(2) of the Developer Act). The reservation agreement must be in writing or it is invalid (Article 30(1)), and it is concluded for a fixed period.
Will the notary provide an interpreter if I do not speak Polish?
Yes. As of October 2026, the notarial act is carried out in Polish, but if a participant does not know Polish and no translation is attached to the deed, the notary translates the deed personally or through a sworn translator (Article 87 § 1(1) and Article 2 § 3 of the Notaries Act, Journal of Laws 2026, item 614). Before signing, the deed is read out, and the notary makes sure you understand its content (Article 94 § 1). Warn the notary in advance that you need an interpreter.
Do I need an MSWiA permit for the flat in the prospectus?
Not for the flat itself. A foreigner can buy a self-contained residential flat in Warsaw without an MSWiA permit, whatever their citizenship (Article 8(1)(1), Journal of Laws 2017, item 2278, as of October 2026). According to MSWiA guidance, however, a permit is needed for a share in a separate property sold together with the flat, for example an access road. Check the prospectus and the draft agreement for any such share.
What if the developer agreement differs from the prospectus?
As of October 2026, you have 30 days from signing the developer agreement to withdraw (Article 43(2) of the Developer Act), among other things where the agreement does not match the prospectus, you were not handed the prospectus, or its data do not reflect the actual state of affairs. The statement is made in writing with a notarially certified signature (Article 45(1)).
Received a prospectus in Polish and heading to the developer’s sales office? Write to us before your first visit. We will register you with the developer and go to the sales office together with you, and before you reserve we will go through the information prospectus and the draft agreement with you and point out what to ask the developer or a lawyer. We serve clients in 7 languages. A buyer on the primary market does not pay us a fee. More on the page flat-purchase support in 7 languages. Our remuneration on the primary market arises from agreements with developers.
Jawno · +48 692 649 839 · infojawno@gmail.com
Agent: Vladyslav Moroz (sole proprietorship, OC liability insurance). Legal position as of October 2026.
This text is for information only and is not legal advice.