The developer’s sales office (biuro sprzedaży) offers to hold a flat if you sign a reservation agreement (umowa rezerwacyjna) and pay a reservation fee. But you do not yet know whether the bank will lend. The short answer, as of October 2026: the reservation fee cannot exceed 1% of the price stated in the information prospectus (prospekt informacyjny) (Article 32(2) of the Developer Act). For a PLN 690,000 flat that is at most PLN 6,900. If you buy, the fee counts towards the price. If the bank refuses you because of a negative creditworthiness assessment, the developer must give the money back. If you simply change your mind, the Act provides no refund, and you will usually lose the fee.
Legal basis: the Act of 20 May 2021 on the protection of the rights of buyers of a dwelling or a single-family house and the Developer Guarantee Fund, consolidated text: Journal of Laws 2026, item 880 (“Developer Act”), and the Mortgage Credit Act, consolidated text: Journal of Laws 2025, item 720. All rules below are stated as of October 2026.
What is the most you can lose on a reservation?
There is one cap, and it applies to the fee itself: no more than 1% of the flat’s price as stated in the prospectus (Article 32(2)). Compare three prices: the one in the prospectus, the one in the reservation agreement and the one on the developer’s website, where the developer must publish prices including VAT (Article 19a(1)). If the website price differs from the price offered when you sign, you can demand that the agreement be concluded at the price most favourable to you (Article 19a(6)).
Example (our own calculation, as of October 2026):
Scroll the table sideways to see all columns.
| Price of the flat in the prospectus | Maximum reservation fee (1%) |
|---|---|
| PLN 690,000 | PLN 6,900 |
What happens to that money:
- If you buy. The fee counts towards the price (Article 32(3)). After the developer agreement (umowa deweloperska) is signed, the developer pays it into the housing escrow account (mieszkaniowy rachunek powierniczy) within 7 days (Article 32(4)). Until then, the money is not in the escrow account.
- If you do not buy. Whether you get it back depends on whether your situation falls under Article 34, described below.
The Act caps only the amount of the fee, so read the whole agreement. If it provides for any other payment on cancellation, ask about it in writing before you sign.
When must the developer refund the fee?
Article 34(1) lists three cases in which the fee is refunded without delay (as of October 2026):
- You did not get a loan because of a negative creditworthiness assessment. That means no positive credit decision and no promise of credit (przyrzeczenie udzielenia kredytu) as a result of such an assessment within the meaning of Article 4(11) of the Mortgage Credit Act (Article 34(1)(1)).
- The developer fails to perform its obligation under the reservation agreement (Article 34(1)(2)).
- The developer changed the prospectus or its annexes and did not tell you (Article 34(1)(3)).
In two cases the fee comes back doubled:
- when the developer fails to perform its obligation under the reservation agreement (Article 34(3)). On a PLN 6,900 fee that is PLN 13,800 (our own calculation);
- when you buy a finished flat under an ordinary sale agreement (Article 3 of the Act; where a business other than a developer sells, Article 4), the reservation came before that agreement, the seller did not remedy the defects recorded in the handover report, and you did not go ahead with the agreement transferring ownership (Article 34(2)).
For a finished flat bought under a sale agreement, the Act applies only points 1 and 2 of Article 34(1) (Articles 3 and 4). The refund for an unannounced change to the prospectus does not cover that case.
Scroll the table sideways to see all columns.
| Situation | What happens to the fee (as of October 2026) | Provision |
|---|---|---|
| You buy the flat | counts towards the price | Article 32(3) |
| Bank refused because of a negative creditworthiness assessment | refunded without delay | Article 34(1)(1) |
| Developer does not perform the reservation agreement | refunded double | Article 34(1)(2) and (3) |
| Developer changed the prospectus without telling you | refunded without delay | Article 34(1)(3) |
| Finished flat: defects in the handover report not remedied, you did not sign | refunded double | Article 34(2) |
| You changed your mind | not covered by the Act; the agreement decides | Article 34 (closed list) |
Mortgage refused: when the fee comes back and when it does not
This is the most common worry for buyers who need a loan. The rule is precise, and worth knowing before you pay.
What the Act protects. The refund applies when you did not obtain a positive credit decision or a promise of credit because of a negative creditworthiness assessment (Article 34(1)(1)). The promise of credit is a term from Article 3(1) of the Mortgage Credit Act. The Developer Act does not require refusals from several banks: one decision that meets this condition is enough.
What the rule does not cover. The list in Article 34 is closed. If the loan falls through for any other reason, Article 34(1)(1) gives you no right to a refund, and only the wording of the reservation agreement counts.
In practice:
- keep the bank’s decision and ask the bank to confirm in writing that the refusal results from a negative creditworthiness assessment. That is your evidence for the developer;
- if you want wider protection, for example a refund whenever a loan is refused, write it into the reservation agreement before you sign. The Act does not give you that.
How long should the reservation last if you need a loan?
A reservation agreement is concluded for a fixed term. If you are applying for a loan, the term should allow for the time needed to obtain a credit decision or a promise of credit (Article 31, as of October 2026).
How long that takes depends on the bank, but one time limit comes from the Mortgage Credit Act: the bank hands over the credit decision on the 21st day after receiving the application, and earlier only if you agree (Article 14(2)). The decision binds the bank for at least 14 days from when it is handed over (Article 14(6)). A term counted from the date you sign, rather than from the date you apply, can easily prove too short. Count it from the date you will actually apply to the bank, and sign only then.
Buying as a foreigner: what changes at the reservation stage
- Language. The Developer Act contains no rule on the language of the prospectus or the agreements. The Polish Language Act applies instead (Journal of Laws 2026, item 81): a contract with a consumer may be drawn up in a foreign language if the consumer asks for it, knows that language, is not a Polish citizen and has first been told of the right to a document in Polish (Article 8(1b)). The Act does not oblige the developer to provide a translation.
- Form. A reservation agreement only has to be in writing (Article 30(1)); a notarial deed is required for the later developer agreement (Article 40(1)). So no notary translates or explains the reservation to you: read the agreement and the prospectus, which becomes part of it (Article 23(2)), in advance.
- Permit to buy. A self-contained flat can be bought without a permit whatever your citizenship, but not in the border zone, and Warsaw is not in it (Article 8(1)(1) and 8(3) of the Act on the Acquisition of Real Estate by Foreigners, Journal of Laws 2017, item 2278, as of October 2026). Citizens of the EEA and Switzerland need no permit at all (Article 8(2)). Refusal of a permit is not one of the refund cases in Article 34 of the Developer Act, so if the prospectus shows a share in a separate plot, such as an access road, ask the developer in writing which plot it is before you pay.
What to check in the reservation agreement before you sign
Checklist, as of October 2026:
- Written form. A reservation agreement made any other way is void (Article 30(1)).
- Prospectus first. The developer delivers the prospectus before the reservation agreement, free of charge and on a durable medium (Article 21(1)–(2)). Do not pay without it. What to look for is set out in what to check in the information prospectus.
- The fee. At most 1% of the price in the prospectus (Article 32(2)). Work it out yourself from the prospectus.
- The price. Compare the prospectus, the agreement and the developer’s website (Article 19a(1) and (6)).
- The term. A fixed period with room for a credit decision (Article 31).
- Cancellation and refunds. Does the agreement repeat the Article 34 cases, and does it add anything in your favour, such as a refund whenever a loan is refused?
- What the payment is called. If the agreement says “zadatek”, ask why. That is a different institution (Article 394 of the Civil Code), and the Developer Act does not use the word.
One more limit: you cannot sell or hand your reservation to someone else. An assignment of claims under a reservation agreement is void (Article 30(3)), except to a person in tax group I or II under the Inheritance and Gift Tax Act, meaning a family member in those groups (Article 30(4)).
Reservation fee or deposit (zadatek): what is the difference?
The zadatek is governed by Article 394 of the Civil Code (Journal of Laws 2026, item 795). The Developer Act does not use the word at all (as of October 2026). When you buy from a developer, the rules on the reservation fee apply: the 1% cap on the price in the prospectus and the refunds in Article 34. The zadatek and the advance payment matter mainly on the resale market, in a preliminary agreement; we cover the difference separately: deposit versus advance payment on the resale market.
What happens to the reservation once you sign the developer agreement?
The developer agreement records that a reservation agreement was concluded and the amount of the fee (Article 35(1)(20)). The fee goes into the escrow account within 7 days (Article 32(4)).
From then on, different rules apply. The Act lists the cases in which you may withdraw from the developer agreement (Article 43(1)), and a refused loan is not among them (as of October 2026). If your financing is not certain, the protection has to be written into the agreement itself. More: what happens to the developer agreement if the bank refuses.
Will the rules on the reservation fee change?
The government’s draft amendment to the Developer Act (UD361, published on the Government Legislation Centre website on 11 May 2026) provides, among other things, for the reservation fee to be refunded four times over in some cases. As of 7 October 2026, the draft had not been submitted to the Sejm. It is not law, so the rules above are the ones that apply to your reservation today.
See also: how you pay a developer: instalments or upfront.
FAQ
How much can a developer charge as a reservation fee in Poland?
As of October 2026, no more than 1% of the flat’s price stated in the information prospectus (Article 32(2) of the Developer Act, Journal of Laws 2026, item 880). For a flat priced at PLN 690,000 that is at most PLN 6,900. If you buy the flat, the fee counts towards the price (Article 32(3)).
Do I get the reservation fee back if my mortgage is refused?
Yes, if you did not get a positive credit decision or a promise of credit because of a negative assessment of your creditworthiness: the developer must refund the fee without delay (Article 34(1)(1), as of October 2026). The Act does not require refusals from several banks. If the loan falls through for another reason, this rule does not help and the wording of your agreement decides.
What happens to the fee if I simply change my mind?
The Act does not cover this case: Article 34 lists only three situations in which the fee is refunded. In practice the developer normally keeps the fee unless the reservation agreement says otherwise. Law as of October 2026.
When must a developer refund the reservation fee twice over?
In two cases (October 2026): when the developer fails to perform its obligation under the reservation agreement (Article 34(3)), and when you buy a finished flat under a sale agreement, the seller did not remedy the defects recorded in the handover report and you did not go ahead with the agreement transferring ownership (Article 34(2)).
Does a reservation agreement need a notary or a Polish text?
No notary: it only has to be in writing, or it is void (Article 30(1)). A notarial deed is required for the later developer agreement (Article 40(1)). The Developer Act says nothing about language. Under the Polish Language Act, a contract with a consumer who is not a Polish citizen may be drawn up in a foreign language if the consumer asks for it, knows that language and was first told of the right to a Polish text (Article 8(1b)).
Is the reservation fee the same as a deposit (zadatek)?
No. The zadatek is a Civil Code institution (Article 394, Journal of Laws 2026, item 795), and the Developer Act does not use the word. The reservation fee has its own rules: the 1% cap and the refunds in Article 34. Law as of October 2026.
Planning to reserve a flat from a developer? Write to us before your first visit to the sales office: we must register you before you turn up there on your own. We will go with you, go through the information prospectus and the draft reservation agreement with you, and point out what to ask the developer or a lawyer. We do not charge you a fee for helping you buy a new-build flat. Our remuneration on the primary market comes from agreements with developers. You can browse prices and offers beforehand in the catalogue of new-build flats in Warsaw, with the date of the dane.gov.pl data. We serve clients in 7 languages.
Jawno · +48 692 649 839 · infojawno@gmail.com
This text is for information only and is not legal advice. Law as of October 2026.