The completion date in an advert is a marketing claim. Before you pay a reservation fee, you can test whether it is realistic: no industry contacts and no perfect Polish needed, in one evening, using documents the developer must show you and registers that need no login. This text covers the stage before purchase. How to monitor the build after signing is covered separately: how to follow construction progress after signing. Nobody can give a guarantee, but the five questions below help you weed out developments where the risk of delay is visible from the start.
Legal basis (position as of October 2026): the Act on the Protection of the Rights of a Purchaser of a Dwelling or Single-Family House and on the Developer Guarantee Fund (the “Developer Act”, consolidated text Dz.U. 2026 item 880) and the Construction Law (consolidated text Dz.U. 2026 item 524).
Five questions to ask before you book
Scroll the table sideways to see all columns.
| Question | Where to check | Warning sign |
|---|---|---|
| 1. Which dates are written down? | Information prospectus and draft agreement | The prospectus gives a different date from the advert, or the draft lacks some of the dates |
| 2. Does the building permit exist and is it still “live”? | Agreement, site board, GUNB register | No permit number, no case in the register, an old permit and an empty plot |
| 3. Is the date realistic against typical build time? | Statistics Poland (GUS) | A declared time from start to handover clearly shorter than the average |
| 4. Who are you signing with and what is their condition? | KRS, RDF, MSiG, KRZ, documents at the sales office | No financial statements, entries in the debtors register, refusal to show documents |
| 5. What do you get if the date is missed? | Draft agreement | No contractual penalty for delay |
1. Dates in the prospectus and the agreement
An advert usually carries one date, such as “Q4 2027”. In the developer agreement (umowa deweloperska) the Act requires several different dates (Art. 35(1)): the start and end of construction works (point 12), handover of the unit (point 17) and transfer of ownership (point 7). The right to withdraw because of delay is tied by the Act to the date of transfer of ownership (Art. 43(1) point 6), not to the end of works.
You receive the information prospectus (prospekt informacyjny) free of charge, on a durable medium, before the reservation agreement or the developer agreement (Art. 21(1)-(2)). The prospectus template has separate fields for the planned start and end of works, the schedule and the date of transfer of ownership. We go through the fields in a separate text: which fields of the information prospectus to check. Compare the advertised date with the dates in the prospectus. Any discrepancy is your first question to the developer’s sales office (biuro sprzedaży).
2. Building permit: does it exist and is it current
The permit number, the authority that issued it and whether the decision is final or under appeal must appear in the agreement (Art. 35(1) point 11). The same number is on the site information board. You can check the status of the case in the GUNB register of applications, decisions and notifications (wyszukiwarka.gunb.gov.pl). Position as of October 2026:
- the register is free and needs no login,
- it covers applications, building permit decisions and notifications filed since 1 January 2016,
- it shows the status of the case but not the text of the decision,
- it contains only first-instance decisions and not every type of notification.
Bear in mind that a permit expires if works have not begun within 3 years of the decision becoming final, or if construction has been interrupted for more than 3 years (Art. 37(1) of the Construction Law). An old permit and an empty plot are a reason to ask the developer directly when preparatory works started.
3. The date against typical build time
According to Statistics Poland, multi-family buildings completed in 2025 took on average 24.8 months from the start of construction to completion (GUS, “Efekty działalności budowlanej w 2025 r.”, published 30 June 2026, nationwide data). That is a national average, not a norm for a specific development, and it does not count the time from signing to receiving the keys. Use it as a benchmark: count the months from the actual start of works to the declared date and compare. A clearly shorter period does not prove delay, but it is a reason to ask about the schedule.
Remember also that the end of works is not yet the keys. A multi-family building needs an occupancy permit (Art. 55(1) point 1(a) of the Construction Law), and handover of the unit takes place only after it has become final (Art. 41(1) of the Developer Act). So when planning a rental or a move, count from the date of transfer of ownership and leave a buffer.
4. The company you sign with
Registers will not tell you whether the developer will be on time. They show who you are dealing with. All the search tools below work without logging in (position as of October 2026):
- KRS (prs.ms.gov.pl/krs): data on the company that is the party to the agreement. It is often a special-purpose company (spółka celowa), not the brand from the advert.
- Financial Documents Repository (rdf-przegladarka.ms.gov.pl): financial statements filed.
- Court and Commercial Gazette (prs.ms.gov.pl/msig): official notices concerning the company.
- National Debtors Register (krz.ms.gov.pl): check whether the company appears in it.
On your request, before you sign, the developer must let you inspect at its premises, among other things, the building permit, financial statements for the last two years (for a special-purpose company, also those of the parent company), the construction design and the occupancy permit if already issued (Art. 26(1) points 3-6). A refusal to show these documents is a signal worth weighing.
5. Contractual penalty: what you gain if the date is missed
The Act neither imposes a contractual penalty nor sets its amount. Information on a penalty and interest enters the agreement only “if the parties have provided for them” (Art. 35(1) point 14). No clause in the draft means no contractual penalty. If you are waiting in a rented flat while comparing developments, look not only at the price per m² but also at this clause and at the date of transfer of ownership.
If the developer does not transfer ownership on time, you set an additional period of 120 days. After it expires without result, you may withdraw from the agreement (Art. 43(1) point 6 and (3)), keeping your claim for a contractual penalty if one was agreed. The declaration is made in writing with notarially certified signatures (Art. 45(1)). The procedure is described in the text on warning signs of delay and a plan B for foreign buyers. Withdrawal means losing the flat you are waiting for, so discuss such a decision with a lawyer who reads your actual agreement.
How to read the result: green, amber and red
There are no points and no “developer rating” here. A simple split helps:
- Green: dates in the advert, prospectus and agreement agree, the permit is visible in GUNB, the company files financial statements, a contractual penalty is written in.
- Amber: one of these raises questions, for example no contractual penalty or mismatched dates. Ask in writing and request a written answer.
- Red: several signals at once, or a refusal to show the Art. 26 documents. Consider another development or a flat ready to collect, and compare the cost of waiting using what waiting for a flat under construction costs.
You can compare the declared dates of different developments in the catalogue: new flats in Warsaw with a declared completion date. Treat them as a starting point, because the date written in the agreement is what counts.
If you do not read Polish
The Developer Act has no rules on the language of the prospectus or the agreement, so you may receive the documents in Polish only. A notary translates the notarial deed if you do not know Polish and no translation is attached (Art. 87 § 1 point 1 of the Notary Law, consolidated text Dz.U. 2026 item 614), but the prospectus, the draft agreement and any annexes reach you without a notary. Ask for a translation before you reserve. A certified translation is made by a sworn translator (tłumacz przysięgły), and the list of sworn translators is kept by the Minister of Justice (Art. 6(2) and Art. 10 of the Sworn Translator Act, consolidated text Dz.U. 2019 item 1326). Position as of October 2026.
Checklist before you reserve
- The date in the advert, prospectus and draft agreement is consistent.
- The draft agreement contains dates for works, handover and transfer of ownership.
- The draft agreement provides for a contractual penalty for delayed transfer of ownership.
- The permit number is in the agreement and on the site board, and the case is visible in GUNB.
- You have counted the months from the start of works to the declared date and compared them with 24.8 months (GUS).
- The company in the agreement is in KRS, files statements in RDF and is not listed in KRZ.
- The developer has shown the documents under Art. 26(1) points 3-6.
- You have a translation of the prospectus and the draft agreement.
FAQ
How do I know the advertised date is realistic before I pay a reservation fee?
Compare it with three things: the dates in the information prospectus and the draft agreement (Art. 35(1) points 7, 12 and 17 of the Developer Act, consolidated text Dz.U. 2026 item 880), the status of the building permit in the GUNB register, and the average build time for a block of flats according to Statistics Poland (GUS), which was 24.8 months for buildings completed in 2025. This is a benchmark, not a guarantee. Position as of October 2026.
Which documents can I ask the developer to show me to assess the risk of delay?
On your request, before you sign, the developer must let you inspect at its premises, among other things, the building permit, financial statements for the last two years (for a special-purpose company, also those of the parent company), the construction design and the occupancy permit if already issued (Art. 26(1) points 3-6). Position as of October 2026.
Is a contractual penalty for delay compulsory in the agreement?
No. The Act requires the agreement to state a contractual penalty and interest only “if the parties have provided for them” (Art. 35(1) point 14). If the draft has no such clause, there will be no contractual penalty for delay. Check this before signing. Position as of October 2026.
Will public registers tell me the developer will be late?
No. They show who you are contracting with and what documents that company files: the National Court Register (KRS), the Financial Documents Repository, the Court and Commercial Gazette (MSiG) and the National Debtors Register. All search tools work without logging in. The registers do not show the completion date of the build. Position as of October 2026.
What if I am still unsure about the date after these checks?
Compare the build with a flat that is ready to collect, or choose a development where the date of transfer of ownership and the contractual penalty are clearly written down. Show the agreement to a lawyer before signing. If the developer is late anyway, the Act offers a route: an additional 120-day period and withdrawal from the agreement (Art. 43(1) point 6 and (3)). Position as of October 2026.
Choosing a flat under construction and want to assess the date before you reserve? Write to us before your first visit to the developer’s sales office. We will go there together, go through the information prospectus and the draft agreement with you, and point out what to ask the developer or a lawyer. A buyer on the primary market does not pay us a fee. Our remuneration on the primary market results from agreements with developers. 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. Provisions are cited as at October 2026.