The sales office names a reservation amount and asks for a transfer, and you want to know one thing: how much of your money is really at risk. In short, on the legal position as of October 2026: the reservation fee (opłata rezerwacyjna) may not exceed 1% of the price in the information prospectus (art. 32 ust. 2 of the Developer Act). If you buy the flat, the fee becomes part of the price. If you change your mind yourself, the Act does not guarantee a refund, so the largest loss is that amount, and nothing beyond it under the Act itself.
This text counts in zloty and in days. We describe the rules and the checklist for the agreement in the guide to the reservation agreement with a developer, and the withdrawal scenarios in a separate text on reserving a flat and the risk of losing money. Here you get tables, examples and a timeline that let you assess the risk before you pay.
Legal basis: the Act of 20 May 2021 on the protection of the rights of a buyer of a dwelling or single-family house and on the Developer Guarantee Fund, consolidated text Dz.U. 2026 item 880 (the Developer Act), and the Mortgage Credit Act, consolidated text Dz.U. 2025 item 720. We keep the article numbers in the original so that you can easily show them to the developer or a lawyer.
Table: the maximum fee at a given price
The cap is calculated from the flat price stated in the information prospectus (prospekt informacyjny), not from the price in the advertisement (art. 32 ust. 2). The amounts below are our own calculation: the price multiplied by 1%.
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| Price in the prospectus | Maximum reservation fee (1%) | Double refund if the developer fails to perform |
|---|---|---|
| PLN 500,000 | PLN 5,000 | PLN 10,000 |
| PLN 690,000 | PLN 6,900 | PLN 13,800 |
| PLN 800,000 | PLN 8,000 | PLN 16,000 |
| PLN 1,000,000 | PLN 10,000 | PLN 20,000 |
| PLN 1,200,000 | PLN 12,000 | PLN 24,000 |
The cap is an upper limit, not a fixed rate. The developer may charge less. If the reservation agreement shows more than 1% of the prospectus price, stop and ask in writing where that amount comes from.
What happens to the fee in each scenario
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| Scenario | What you lose | Basis (as of October 2026) |
|---|---|---|
| You buy the flat | nothing, the fee goes towards the price | art. 32 ust. 3 |
| The bank refused because of a negative creditworthiness assessment | nothing, refund without delay | art. 34 ust. 1 pkt 1 |
| The developer fails to perform the reservation agreement | nothing, and you receive double the fee | art. 34 ust. 1 pkt 2 and ust. 3 |
| The developer changed the prospectus and did not inform you | nothing, refund without delay | art. 34 ust. 1 pkt 3 |
| Completed flat: defects from the handover protocol not remedied, you did not sign the agreement | nothing, and you receive double the fee | art. 34 ust. 2 |
| You changed your mind or your plans changed | usually the whole fee, unless the agreement says otherwise | art. 34 (closed list), the agreement decides |
| The mortgage failed for a reason other than a negative creditworthiness assessment | depends on the agreement | art. 34 (closed list) |
For a completed flat bought under a sale agreement, the Act applies only pkt 1 and 2 of art. 34 ust. 1 (art. 3 and art. 4), so the rule on an unnotified change of the prospectus does not cover that case.
Note that in the first five rows you lose nothing, and in the last two the risk is on your side. So the question “how much can I lose” turns into “is my case in art. 34, and if not, what does my agreement say”.
Timeline: how many days a mortgage needs and how long to reserve
A reservation agreement is concluded for a fixed period. If you take a mortgage, that period should allow for the time needed to obtain the credit decision or a promise to grant the credit (art. 31). A period that is too short is the most common way the fee is lost despite good intentions.
One figure comes from the Mortgage Credit Act: the bank delivers the credit decision on the 21st day after receiving the application, and earlier only with your consent (art. 14 ust. 2). The decision binds the bank for at least 14 days from delivery (art. 14 ust. 6). This whole path is therefore 21 plus 14, that is 35 days (our own calculation). How long it takes at a particular bank, ask a credit adviser; the Act does not state it for the bank.
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| Stage | Days | Note |
|---|---|---|
| From the mortgage application to delivery of the decision | 21 | art. 14 ust. 2, earlier only with your consent |
| Period for which the decision binds the bank | at least 14 | art. 14 ust. 6 |
| Total on this path | 35 | our own calculation |
A practical rule: count the reservation period from the day you actually file the application with the bank, not from the day you sign the reservation agreement. A period counted from signing easily turns out to be too short.
When a permit from the Ministry of the Interior (MSWiA) comes into play
This concerns a rare but costly case. A foreigner acquires a separate residential unit in Warsaw without a permit from the Ministry of the Interior and Administration (MSWiA), regardless of citizenship (art. 8 ust. 1 pkt 1 of the Act on the acquisition of real estate by foreigners, consolidated text Dz.U. 2017 item 2278, as of October 2026). Warsaw is not in the border zone where this exemption does not apply (art. 8 ust. 3). Citizens of the EEA and Switzerland need no permit at all (art. 8 ust. 2).
The trap is elsewhere. According to MSWiA explanations, a permit is needed for a share in a separate property sold together with the unit, for example in an access road or part of a residential complex. Without a required permit the acquisition is void (art. 6 ust. 1). The time limit in the Code of Administrative Procedure for an especially complicated case is up to 2 months (art. 35 § 3 k.p.a., consolidated text Dz.U. 2025 item 1691), and in practice, according to MSWiA data, 2 to 4 months, sometimes longer.
Article 31 speaks only of time for the credit decision. A missing permit is also not a case of refund under art. 34. If the prospectus shows such a share, write into the reservation agreement a period with a margin and the fate of the fee should the permit not be issued in time.
Beyond the fee: what else waiting costs
The fee is not the only cost of time. According to GUS (Statistics Poland), in 2025 building a multi-family block in Poland took 24.8 months on average. If you rent, count the rent up to the transfer-of-ownership date in the prospectus. It is not a loss from the reservation, but a budget item that is easy to miss when you look only at the 1%.
If you are a foreigner and read Polish with difficulty
The Developer Act does not regulate the language of the prospectus or the agreements. The Polish Language Act (consolidated text Dz.U. 2026 item 81) requires Polish in agreements with a consumer resident in Poland if the agreement is performed in Poland (art. 7 ust. 1). An agreement in a foreign language is possible if you ask for it yourself, know that language, are not a Polish citizen and have been told about your right to a Polish text (art. 8 ust. 1b). The Act introduces no duty of translation.
A reservation agreement requires written form (art. 30 ust. 1), not a notarial deed. The notary appears only at the developer agreement (umowa deweloperska), which is concluded as a notarial deed (art. 40 ust. 1 of the Developer Act). If a party does not know Polish and no translation is attached to the deed, the notary translates personally or through a sworn translator (tłumacz przysięgły) (art. 87 § 1 pkt 1 of the Notaries Act, consolidated text Dz.U. 2026 item 614). At the reservation stage nobody will translate anything for you, so understand the text of the agreement and the prospectus before you pay. The guide on checking the developer prospectus if you do not read Polish will help. Status and documents are covered in can a Ukrainian citizen buy a flat in Poland.
You buy a separate residential unit in Warsaw without an MSWiA permit (see the section above), but if a share in a separate property is part of the sale, a permit may be needed and the waiting time should be built into the reservation period. If you rent during construction, count the rent up to the transfer-of-ownership date in the prospectus.
Five questions for the sales office before you pay
Ask them in writing and keep the answers:
- What is the price in the information prospectus, and does the fee not exceed 1% of that amount (art. 32 ust. 2)?
- Did I receive the prospectus before the reservation agreement, free of charge and on a durable medium (art. 21 ust. 1–2)?
- Until when does the reservation last, and does that period allow for the credit decision (art. 31)?
- Apart from the fee, does the agreement provide for any payments on withdrawal?
- Does the object of sale include a share in a separate property that may require an MSWiA permit?
Two more limits. The price on the developer’s website must be published with VAT (art. 19a ust. 1), and if it differs from the price offered at the agreement, you may demand the price most favourable to you (art. 19a ust. 6). You cannot pass the reservation to an acquaintance: transferring the claim under a reservation agreement is void (art. 30 ust. 3), except to a person in the first or second tax group (art. 30 ust. 4).
Will the amounts change
A government draft amendment to the Developer Act (UD361, published on the website of the Government Legislation Centre on 11 May 2026) provides, among other things, for refund of the reservation fee at four times the amount in some cases. As of 7 October 2026 the draft had not been submitted to the Sejm. It is not binding law, so the tables above are what counts today.
FAQ
How much can a developer charge as a reservation fee in Poland?
No more than 1% of the flat price stated in the information prospectus (art. 32 ust. 2 of the Developer Act, consolidated text Dz.U. 2026 item 880, legal position as of October 2026). For a price of PLN 690,000 that is at most PLN 6,900, and for PLN 1,000,000 at most PLN 10,000 (our own calculation).
Do I lose the reservation fee if I buy the flat?
No. If you buy the flat, the fee is credited towards the price (art. 32 ust. 3, as of October 2026). The developer must pay it into the home escrow account (mieszkaniowy rachunek powierniczy) within 7 days of concluding the developer agreement (art. 32 ust. 4).
How much is refunded if the developer fails to perform the reservation agreement?
Twice the amount of the fee (art. 34 ust. 3, as of October 2026). For a fee of PLN 6,900 that is PLN 13,800 (our own calculation).
Is the reservation fee refunded if my plans change?
Not under the Act. Article 34 lists only three situations in which the fee is refunded, and the list is closed, so on withdrawal the reservation agreement decides. In the market the developer usually keeps the fee unless the agreement says otherwise. As of October 2026.
Is a reservation fee the same as a deposit (zadatek)?
No. The Developer Act does not use the word “zadatek” at all. A deposit is governed by art. 394 of the Civil Code (consolidated text Dz.U. 2026 item 795), while the reservation fee is governed by the 1% cap and the refunds in art. 34. As of October 2026.
Has the developer asked for a reservation fee? Write to us before your first visit to the developer’s sales office: we must register you with the developer before you turn up there on your own. We will go together, go through the information prospectus and the draft reservation agreement with you, and point out what to ask the developer or a lawyer. We serve clients in seven languages. A buyer of a flat from a developer does not pay us a fee. Our remuneration on the primary market comes from agreements with developers. You can first browse prices and flats in the catalogue of new flats in Warsaw with prices and data date based on dane.gov.pl.
Jawno · +48 692 649 839 · infojawno@gmail.com
Agent: Vladyslav Moroz (sole trader, professional indemnity insurance).
This text is for information only and is not legal advice. Legal position as of October 2026.