You have already viewed a ground-floor flat with a garden, but you would rather have a higher floor and a terrace. Before you reserve a flat with a terrace, one point matters most: in contracts concluded from 13 February 2026, the price of a developer flat is its usable area multiplied by the price per m² (art. 5a of the Developer Act). Under the building design regulation a terrace is not counted in usable area, but the area used for the price is set under the Polish Standard, and the developer enters the measuring method in the prospectus and the contract. If the terrace is not in that area, check the price list to see whether the price per m² of this flat differs from similar flats without a terrace, and whether any other amount appears on top of the flat price. Below we show where to check this in the prospectus, price list and contract, how area is counted under sloping ceilings on the top floor, and who pays if the terrace starts to leak.
Legal basis: the Act of 20 May 2021 on the protection of the rights of buyers of residential units or single-family houses and on the Developer Guarantee Fund (the “Developer Act”, ustawa deweloperska), consolidated text Dz.U. 2026 item 880, and the regulation on the detailed scope and form of a building design, Dz.U. 2022 item 1679 (as amended by Dz.U. 2023 item 2405 and Dz.U. 2026 item 597). We state the rules as at October 2026.
Is a terrace included in the area of a flat?
In the floor-area schedule of a building design (§ 20 ust. 1 pkt 4 lit. b of the regulation), usable area is:
- reduced by balconies, terraces and loggias (and a few other elements);
- increased by mezzanines, conservatories, built-in wardrobes, storage rooms and walk-in wardrobes.
The 2023 and 2026 amendments to the regulation did not change these rules. A useful detail if you are comparing layouts: a glazed conservatory counts towards the area, an open terrace does not.
The regulation concerns the building design. For the price, however, the Developer Act points to a different source. Under art. 5a, usable area is determined under the Polish Standard (Polska Norma) in force on the day the building permit application (or construction notification) was filed. The regulation names the standard PN-ISO 9836 and requires the latest version published in Polish. As at October 2026 that is PN-ISO 9836:2022-07.
What this means in practice: do not assume how the area in the price list was measured. The developer enters the measuring method in the information prospectus (the field “Sposób pomiaru powierzchni”, method of measuring area) and in the developer agreement (art. 35 ust. 1 pkt 15). Check there whether the stated area of the flat includes the terrace.
Scroll the table sideways to see all columns.
| Element | Usable area under § 20 of the regulation |
|---|---|
| Terrace, balcony, loggia | not counted (deducted) |
| Conservatory | counted |
| Mezzanine, walk-in wardrobe, built-in wardrobe, storage room | counted |
| Room at least 2.20 m high | 100% |
| Room 1.40 to 2.20 m high | 50% |
| Room lower than 1.40 m | 0% |
How a developer calculates the price of a flat with a terrace
In contracts concluded from 13 February 2026 the price of a flat is usable area multiplied by the price per 1 m² (art. 5a of the Developer Act, added by the act published as Dz.U. 2026 item 27). If the terrace is not part of usable area, it is not in the multiplier. The developer states the price per m² in the price list for each flat separately (art. 19a ust. 1), so the rate for a flat with a terrace can differ from that of a flat without one.
For that reason, the price per m² of a flat with a terrace cannot be compared directly with that of a flat without one. Floor, aspect and layout also affect the rate, so compare flats of similar size in the same building and on neighbouring floors. How the floor shows up in price lists is covered in our piece on whether a higher floor costs more.
If the sales office quotes any amount for the terrace or garden on top of the flat price, ask in writing what exactly that amount is for, and check whether it appears in the price list on the website and in the draft contract. The price list matters whatever the terrace. Under art. 19a ust. 1 of the Developer Act, the developer publishes on its website, including VAT:
- the price per m² and the price of each flat;
- the price of ancillary premises and rights needed to use the flat, if not included in the flat price;
- any other payments you must make to the developer under the contract.
The address of that page must appear in every advertisement for the development (art. 19a ust. 3). If the price offered when the contract is concluded differs from the price on that page, you may demand a contract at the price most favourable to you (art. 19a ust. 6). Take a dated screenshot of the price list before you go to the sales office.
Flat with a terrace: what to ask at the sales office
A parking space, storage room, notary and land and mortgage register (księga wieczysta) fees may come on top of the list price. We cover the full list in which extra charges to add to the developer’s list price. On the terrace itself, ask the sales office four questions and request the answer in writing or by e-mail:
- Do we pay anything for the terrace on top of the flat price? If so, what exactly is that amount for, and where is it recorded: in the price list on the website or in the draft contract?
- Which area is the price calculated from? Does the area in the price list and prospectus include the terrace?
- How is the terrace treated legally? Does it belong to our unit and appear in its description in the contract, or is it part of the building that we merely use? This decides what exactly you are buying and who is responsible for repairs later.
- What is the terrace finish? The scope and standard of finishing works is a mandatory element of the developer agreement (art. 35 ust. 1 pkt 6) and a separate field in the prospectus. Check whether the terrace surface, balustrade, water point and socket are listed. If you plan more, see our piece on turnkey finishing from the developer.
Also ask for the floor plan showing the terrace dimensions. A figure in square metres alone will not tell you whether a table for four fits or whether it is a long, narrow strip along the facade.
Top-floor flat with a terrace: area under sloping ceilings
If a top-floor flat with a terrace in Warsaw has sloping or low ceilings, the regulation and the current version of the standard count the area under the slopes differently:
- the building design regulation counts rooms at least 2.20 m high at 100%, rooms 1.40 to 2.20 m high at 50%, and ignores areas lower than 1.40 m;
- PN-ISO 9836:2022-07, according to a clarification from the Polish Committee for Standardization (PKN), does not reduce area because of room height.
So do not assume that the part under a slope is always counted at 50%. Which standard and measuring method apply to your flat is stated in the contract and prospectus (art. 35 ust. 1 pkt 15 of the Developer Act). Because the price is area multiplied by the rate per m², the method decides how much you pay for square metres where an adult cannot stand upright. Ask about the measuring method before the reservation agreement, not at handover. Other prospectus fields worth a look at the same time are covered in which fields of the information prospectus to check.
Who pays to repair a terrace or balcony?
It helps to know this before a terrace starts to leak. As at October 2026:
- Supreme Court, resolution of 7 March 2008 (III CZP 10/08): day-to-day upkeep of a balcony falls to the owner of the flat, while repairs to structural elements permanently attached to the building fall to the owners’ association.
- Supreme Administrative Court (NSA), judgment of 10 March 2022 (II OSK 835/19): balconies, as a visible element of the facade functionally tied to the building’s structure, were treated as a common element.
- Bill UD312 (Ministry of Development and Technology, on the Council of Ministers’ work list since 20 February 2026) would classify the structural elements of balconies, loggias and terraces as common property. By 7 October 2026 it had not reached the Sejm, so it is still only a bill, not binding law.
Common property is defined by the Act on ownership of premises: land, plus parts of the building and equipment that do not serve solely the owners of individual units (art. 3 ust. 2, Dz.U. 2026 item 232). How that applies to a particular terrace depends on its construction and on the wording of the contract. That is why question 3 on the list above matters more than it looks.
If defects appear after handover, remember the statutory warranty (rękojmia). For defects in real property the developer is liable if the defect is found within 5 years of handover of the flat (art. 568 § 1 of the Civil Code, Dz.U. 2026 item 795, as at October 2026). Report damp under a terrace or cracks in the surface to the developer in writing, with the date and photographs.
If you do not read Polish documents
The prospectus, price list and draft contract are in Polish, and they decide what you are buying: the area measuring method, the description of the terrace, the finishing standard. So:
- keep the article numbers (art. 5a, art. 19a, art. 35 ust. 1 pkt 15) in their Polish form: they make it easier for you and your lawyer or notary to find the right clause;
- ask the developer to send the draft contract and prospectus in advance, before you reserve, and the answers to the questions above in writing, so you can check them calmly at home;
- check Polish terms in the documents (sposób pomiaru powierzchni, standard wykończenia, pomieszczenia przynależne) against this text rather than guessing at similar-looking English words.
Terrace instead of a garden: what to compare before deciding
A flat with a garden and a flat with a terrace may carry different rates per m² in the price list. When comparing one of each, set side by side:
Scroll the table sideways to see all columns.
| What to compare | Where to check |
|---|---|
| The area the price is calculated from | prospectus (measuring method), contract (art. 35 ust. 1 pkt 15) |
| Price per m² against similar flats in the building | developer’s price list on its website (art. 19a) |
| Amounts on top of the flat price (if any) | price list (art. 19a), sales office’s written answer, draft contract |
| Whether the terrace or garden belongs to the unit | draft contract, description of the unit |
| Terrace finish | finishing standard in the prospectus and contract |
| Dimensions and shape | floor plan |
| Sloping ceilings on the top floor | prospectus and contract: standard and measuring method |
You can find new flats in Warsaw within your budget and size using search new flats by area and budget: it filters developments by district, price, area, number of rooms and completion date. It has no “terrace” filter, so check the terrace in the developer’s price list and floor plan.
Checklist before the reservation agreement
- Take a dated screenshot of the price list on the developer’s website.
- Find the “Sposób pomiaru powierzchni” field in the prospectus and the standard used to measure the area.
- Ask whether anything is payable for the terrace on top of the flat price, and compare the answer with the price list.
- Compare the price per m² with similar flats in the same building.
- Ask for a plan showing the terrace dimensions.
- Check in the draft contract whether the terrace is part of your unit’s description and what its finishing standard is.
- On the top floor, ask how the area under sloping ceilings was calculated.
FAQ
Is a terrace included in the usable area of a new flat in Poland?
In the floor-area schedule of a building design (§ 20 ust. 1 pkt 4 lit. b of the building design regulation, Dz.U. 2022 item 1679) usable area is reduced by balconies, terraces and loggias and increased by, for example, conservatories and mezzanines. The price of a developer flat, however, is calculated from the area set under the Polish Standard in force on the day the building permit application or construction notification was filed (art. 5a of the Developer Act, for contracts from 13 February 2026). The measuring method is stated in the prospectus and the contract (legal position as at October 2026).
Do you pay for a terrace the same way as for the flat’s square metres?
In contracts concluded from 13 February 2026 the price of a flat is its usable area multiplied by the price per m² (art. 5a of the Developer Act, consolidated text Dz.U. 2026 item 880). If the terrace is not counted in that area, compare the price per m² with similar flats without a terrace and ask whether any other amount is payable on top of the flat price. Ask before you reserve, and check the answer against the price list the developer must publish on its website (art. 19a).
How is the area of a top-floor flat with sloping ceilings counted?
The building design regulation counts rooms at least 2.20 m high at 100%, rooms 1.40 to 2.20 m high at 50%, and ignores lower areas. The current Polish version of the standard, PN-ISO 9836:2022-07, does not reduce area because of height, according to PKN’s clarification. The method that applies to your flat is stated by the developer in the prospectus and the contract (art. 35 ust. 1 pkt 15 of the Developer Act, as at October 2026).
Who pays to repair a terrace or balcony in an apartment building?
Under the Supreme Court resolution of 7 March 2008 (III CZP 10/08), day-to-day upkeep of a balcony falls to the owner of the flat, while repairs to structural elements permanently attached to the building fall to the owners’ association. The government bill UD312, which would classify the structure of balconies, loggias and terraces as common property, had not reached the Sejm by 7 October 2026.
Is a flat with a terrace worth it?
It can be, if you know what you are really paying for and who is responsible for repairs. Before you reserve, check the area measuring method in the prospectus, compare the price per m² with similar flats in the same building, ask for a plan showing the terrace dimensions and ask whether the terrace belongs to the flat. The statutory warranty for defects in real property covers defects found within 5 years of handover (art. 568 § 1 of the Civil Code, as at October 2026).
Chosen a flat with a terrace and planning a visit to the sales office? Write to us before your first visit. We register you with the developer’s sales office and go there together. We will go through the prospectus and the draft contract with you, including the area measuring method and the terrace provisions, and point out what to ask the developer or a lawyer. A buyer on the primary market pays us no fee. We work in 7 languages.
Jawno · +48 692 649 839 · infojawno@gmail.com
This text is for information only and is not legal advice. Legal position as at October 2026.