You are looking for a larger flat for your family and you like a building in the first phase of a multi-phase development. At the sales office you hear that “later phases” will bring more buildings, perhaps even more than that. In short: the Developer Act does not provide for a separate field about later phases of the estate in the information prospectus. You piece the whole picture together from several sources: the description of the project in the prospectus, the information on the surroundings, the building permit and the draft agreement. Later phases affect you most in three places: in the owners’ community (wspólnota mieszkaniowa), in roads and common areas, and in clauses of the agreement that give the developer powers while the building work continues.
Legal basis: the Act on the Protection of the Rights of Purchasers of a Residential Unit or Single-Family House and on the Developer Guarantee Fund (the Developer Act, Act of 20 May 2021, Dz.U. 2026 poz. 880), the Construction Law (Dz.U. 2026 poz. 524), the Act on Ownership of Premises (Dz.U. 2026 poz. 232) and the Civil Code (Dz.U. 2026 poz. 795). All provisions are given as at October 2026.
Developments under construction in Warsaw, with prices from dane.gov.pl and the date of the data, are in the catalogue of new-build flats in Warsaw. This text will help you read the documents of one that is being built in phases.
A “phase” at the sales office and a “stage” in the Act are not the same thing
In conversation with a developer, the word “phase” or “stage” can mean three different things. Separate them before you open the prospectus.
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| Term | What it means | Where you find it |
|---|---|---|
| Phase of the estate | successive buildings sold under the same name | sales materials; the Act does not know this term |
| Investment task (zadanie inwestycyjne) | part of the project: one or more buildings that, according to the schedule, are to be handed over at the same time and form an architectural and construction whole (art. 5 pkt 8) | information prospectus, developer agreement |
| Stage of the schedule | a section of the construction of your project or task; at least 4 stages, each costing 10–25% of the total cost (art. 24 ust. 2) | the schedule in the prospectus and in the agreement |
If the developer has set up an investment task, three consequences follow for you (as at October 2026):
- the information prospectus is drawn up for the task (art. 20 ust. 2), that is, for your building or group of buildings and not for the whole estate;
- the escrow account agreement (mieszkaniowy rachunek powierniczy) is concluded separately for each task (art. 7 ust. 2);
- you pay after the successive stages of the task’s schedule are completed, and the developer informs you of the completion of a stage on paper or on another durable medium (art. 8 ust. 3).
“Phase I” in the sales brochure therefore does not have to coincide with the task in the prospectus. Check in the prospectus how many buildings, and which ones, the document you received covers.
What the prospectus says about later phases, and what it does not
The developer delivers the prospectus with its annexes free of charge, on a durable medium, before the developer agreement or before the reservation agreement that precedes it (art. 21 ust. 1–2). It forms an integral part of those agreements (art. 23 ust. 2).
The text of the Act, including the prospectus template, has no field on “later phases” of the estate. There are, however, three fields from which you learn indirectly what may be built next door (as at October 2026):
- Description of the project or task: number of buildings, layout. If the prospectus concerns only the task, it describes only the buildings in it.
- Provisions of the local plan for plots, or parts of plots, within 100 m of the boundary of the site of the project or task. If the plot of a later phase falls in this strip, you will see what may be built on it. Where there is no plan, the developer enters “Brak planu”.
- Planned developments within a 1 km radius, including those arising from local plans, development-conditions decisions, environmental decisions and public-purpose investment decisions. The footnote to the template lists, among others, roads, railway lines, air corridors, treatment plants, incinerators, landfills and cemeteries.
Practical conclusion: the Act does not require the prospectus to say how many buildings, how tall and when the developer plans in later phases. Beyond what follows from the local plan in the 100 m strip and from the information on developments within 1 km, it depends on what the developer chooses to write. Ask in writing and request a reply in the same form. You will find the full list of fields in the guide on how to check the fields of the information prospectus.
If anything changes between delivery of the prospectus and the agreement, the developer delivers an addendum or a new prospectus identifying the change, within a time that lets you read it before the agreement (art. 22 ust. 1 and 3). In the developer agreement itself such changes must be underlined and bind you only with your consent (art. 35 ust. 2–3).
The building permit: for your building or for the whole estate?
A building permit relates to the whole construction scheme. Where the scheme covers more than one structure, the permit may, at the investor’s request, relate to selected structures or a group of structures able to function independently. The investor then submits a site development plan for the whole scheme (art. 33 ust. 1 of the Construction Law, as at October 2026).
For a phase-one buyer, two questions for the developer follow from this provision:
- whether the permit covers only the buildings of your phase or the whole estate;
- where the permit covers only part of the scheme, whether a site development plan was submitted for the whole and whether you can see how the later buildings are laid out in it.
The building permit number and whether it is final or under appeal must appear in the developer agreement. The same goes for the start and completion dates of the works for the project or task and the date of transfer of ownership (art. 35 ust. 1 pkt 7, 11 and 12 of the Developer Act).
You can check permits and applications in the public search engine of the GUNB Register of Applications, Decisions and Notifications (wyszukiwarka.gunb.gov.pl). You search by number, dates, voivodeship and authority, locality, street, building number, plot number, cadastral precinct (obręb), type of scheme, category of structure or name of the scheme. The form has no “investor” field, so search by address or plot, not by the developer’s name. You also have to copy a code from an image, and the results can be downloaded as CSV (as at October 2026). How to read the result for plots around a development is described in the guide on how to check the local plan, development conditions and permits on a neighbouring plot.
The local plan and development conditions in Warsaw in autumn 2026
If a later phase does not yet have a building permit, ask on what basis it is to be built. In Warsaw, the position as at October 2026 is this:
- the studium (the municipality’s spatial planning document) ceased to apply on 1.09.2026. Studia kept their force until 31.08.2026 at the latest (art. 65 ust. 1 of the Act of 7.07.2023, as published in Dz.U. 2026 poz. 781);
- development conditions on an application filed from 1.09.2026 may be issued only if a general plan has entered into force in the municipality, except for closed areas (art. 59 ust. 3–4 of the Act of 7.07.2023 amending the Act on Spatial Planning and Development and certain other acts, as published in Dz.U. 2026 poz. 781);
- Warsaw’s general plan has not yet been adopted. Consultation ran from 14.11.2025 to 9.02.2026. The city received more than 27,000 submissions containing more than 77,000 proposals and is considering the comments.
For a later phase without a permit, therefore, ask whether its plot is covered by a local plan or whether it has an earlier development-conditions decision. If the developer cannot name the basis, record it as an unknown when comparing offers.
The owners’ community: whom you will take decisions with
In an estate built in phases it matters whether the buildings of later phases will stand on the same property as yours. Under the Act on Ownership of Premises (as at October 2026):
- the community is formed by all owners of units in a given property (art. 6). If later buildings go up on the same property, the owners of units in them will be in the same community as you;
- a share in the common property is the ratio of the floor area of a unit with its ancillary rooms to the total area of all such units, including where the land has several buildings on it (art. 3 ust. 3 and 5). The common property includes the land and those parts of the building and equipment that do not serve only the unit owners (art. 3 ust. 2);
- where there are more than three units (separated and not yet separated ones both count), the owners must appoint a management board by resolution (art. 20 ust. 1);
- where units are separated one after another, the method of management adopted at the outset applies to each subsequent buyer, and it can be changed by a resolution recorded by a notary (art. 18 ust. 2 and 2a).
Some decisions that matter during further construction go beyond ordinary management. They need a resolution of the owners (art. 22 ust. 2–3), including for:
- changing the use of part of the common property;
- consenting to an extension or reconstruction;
- changing the size of shares;
- dividing the common property;
- consenting to the division of land built over with more than one residential building.
That is why developers sometimes try to obtain such consents in advance, in the agreement itself. The next section deals with this.
Clauses in the agreement that concern later phases
Terms of a consumer contract that were not individually negotiated do not bind you if they shape your rights and obligations in a way contrary to good practice and grossly infringe your interests. The provision does not clearly cover unambiguously worded main obligations, for example the price (art. 385¹ § 1 of the Civil Code).
Two decisions of the President of UOKiK show how clauses giving the developer powers after the first units were sold were assessed:
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| Decision | Clause found prohibited | Fine |
|---|---|---|
| RPZ 1/2023 of 22.06.2023 | an obligation to “oblige” a subsequent buyer to give the developer powers of attorney and consents, including for works “connected with the implementation of later stages of the project” | PLN 16,208 |
| RPZ 6/2023 of 11.10.2023 | among others, the developer’s right to place advertising on the common property until the last unit is sold, and a mutual waiver of property claims | PLN 26,724–53,448 for individual clauses |
The decisions concerned specific standard-form agreements. This does not mean that every similar clause in your agreement is automatically invalid, but you know what to ask about. In the draft agreement, look for:
- powers of attorney for the developer for the period of building later phases: what they authorise, for how long and whether they can be revoked;
- consents given in advance to changes to the common property, reconstruction, changes of shares or division of the land;
- waivers of claims, for example in respect of nuisance from building work next door;
- encumbrances and easements on the property, which the agreement must list (art. 35 ust. 1 pkt 3), for example a right of way across your estate to a later phase.
Building work next door when you already live there: noise, roads, handover
If you buy in phase one, you may move in before later phases are finished. Three provisions are worth knowing in advance (as at October 2026):
- Nuisance (immisje). The owner of a property should refrain from actions that disturb the use of neighbouring properties beyond the ordinary measure (art. 144 of the Civil Code).
- Internal roads. The construction, maintenance and financing of internal roads fall to the manager of the area or, where there is none, to the owner of the land (art. 8 ust. 2–3 of the Act on Public Roads, Dz.U. 2025 poz. 889). Ask whether the access road to your building is to be a public or an internal road, and whose land it lies on.
- Handover with unfinished surroundings. Handover of the flat takes place after the occupancy permit decision has become final (art. 41 ust. 1 of the Developer Act). An occupancy permit may be issued even though some finishing or other works are not done, with a deadline for completing them (art. 59 ust. 3 of the Construction Law).
How to follow the construction progress of your own building is described in the guide on how to follow construction progress and the handover date.
When you can withdraw from the developer agreement
As at October 2026, you have 30 days from the conclusion of the agreement to withdraw, among other cases where the agreement does not match the prospectus (apart from the changes accepted under art. 35 ust. 2), where the prospectus does not match the factual or legal position on the date of the agreement, or where it lacks data required by the template (art. 43 ust. 1 pkt 2, 4, 5 and ust. 2).
If the developer does not transfer ownership on time, you set it a period of 120 days. After that period expires without result, you may withdraw from the agreement and keep your claim for a contractual penalty for the period of delay (art. 43 ust. 1 pkt 6 and ust. 3).
For this reason, ask for any assurances about later phases that matter to you to be written into the agreement or the prospectus before you sign. The grounds for withdrawal under art. 43 ust. 1 pkt 2, 4 and 5 rest on the agreement and the prospectus, not on a conversation at the sales office.
If you are a foreigner: what to keep in mind when assessing a multi-phase development
The documents will be in Polish. The prospectus, the agreement, the schedule and the notices of completed stages come in Polish. The developer agreement is made as a notarial deed (art. 40 ust. 1 of the Developer Act), and a notarial deed is drawn up in Polish. If you do not speak Polish, the notary or a sworn translator (tłumacz przysięgły) translates it (art. 2 § 3 and art. 87 § 1 pkt 1 of the Notaries Act). Ask for a translation of the draft agreement in advance, not on the day of signing: the clauses on powers of attorney, consents and waivers of claims are in the draft.
Do not leave the checks until later. It is easier to put your questions about later phases and to compare the permit number and the data from the GUNB register before you sign, while you can still ask the developer and show the draft to a lawyer.
The developer’s written answers will be in Polish too. If you have received written assurances about later phases that matter to you, ask for them to be entered in the agreement or the prospectus: the grounds for withdrawal rest on those documents.
Questions to put to the developer before reserving
- Does the prospectus concern an investment task or the whole project? Which buildings does it cover?
- How many buildings, and how tall, do you plan in later phases, and exactly where?
- Does the building permit cover only my phase? Is there a site development plan for the whole scheme?
- On what basis will the later phase be built: a local plan, an earlier development-conditions decision or a permit already issued?
- Will the buildings of later phases be on the same property as mine? How many units will the community include?
- What method of management does the agreement provide for and who will be the manager at the start?
- Does the agreement contain powers of attorney, consents given in advance or waivers of claims linked to later phases?
- Which way will construction vehicles reach later phases? Is the access road public or internal?
- Which common areas (for example a playground, greenery) will be built in my phase and which only in later ones?
FAQ
Must the developer state in the prospectus what will be built in later phases of the estate?
There is no separate field for it. As at October 2026, the prospectus template (an annex to the Developer Act, Dz.U. 2026 poz. 880) requires a description of the project or task (number of buildings, layout), the provisions of the local plan for plots within 100 m of the boundary of the site, and information on planned developments within a 1 km radius. Ask the developer about later phases in writing.
Can my payments in phase one fund the construction of the next phase?
The Act ties the escrow account and your payments to your own project or task. If the developer has set up a separate investment task, the escrow account agreement is concluded separately for each task (art. 7 ust. 2) and the prospectus is drawn up for the task (art. 20 ust. 2). You pay after the successive stages of the schedule of your project or task are completed (art. 8 ust. 3). Legal position as at October 2026.
Will phase-one residents be in the same owners’ community as buyers in later phases?
It depends on whether the buildings stand on the same property. The community (wspólnota mieszkaniowa) is made up of the owners of units in a given property (art. 6 of the Act on Ownership of Premises), and each share is calculated by floor area even where the land has several buildings on it (art. 3 ust. 5). Legal position as at October 2026.
Can the developer require consents for building later phases in the agreement?
Such clauses are sometimes held to be prohibited. In decision RPZ 1/2023 of 22.06.2023, the President of UOKiK found it prohibited to oblige a subsequent buyer to give the developer powers of attorney and consents, including for works connected with later phases. Whether a given clause is valid depends on its wording (art. 385¹ § 1 of the Civil Code).
Can a later phase in Warsaw obtain a planning decision (warunki zabudowy)?
For an application for development conditions filed from 1.09.2026, a decision may be issued only if a general plan has entered into force in the municipality (art. 59 ust. 3 of the Act of 7.07.2023, as published in Dz.U. 2026 poz. 781). Warsaw’s general plan has not yet been adopted (as at October 2026). Ask whether the later phase has a local plan or an earlier decision.
This text is for information only and is not legal advice. Legal position as at October 2026.
Choosing a flat in phase one and planning a visit to the sales office? Write to us before your first visit. We will register you there, go with you and go through the information prospectus and the draft agreement with you using the list of questions in this text. We will point out what to ask the developer or a lawyer. A buyer on the primary market does not pay us any fee. Our remuneration on the primary market comes from agreements with developers.
Jawno · +48 692 649 839 · infojawno@gmail.com