Will the developer keep the deadline? Warning signs of delay and a plan B for foreigners

You have bought a flat under construction, or you are still choosing one, and until handover you rent in Warsaw. Every month of delay means another month of rent, and often a visa or tenancy agreement with dates of its own. Nobody can guarantee that a building will be finished on time. You can, however, notice early that the date is drifting and have a plan ready. Below: which signs to watch, what to do if they are confirmed, and what to look out for if you read the paperwork in a foreign language. A detailed description of the tools themselves (agreement, schedule, site board, GUNB register) is in a separate guide: how to follow construction progress step by step after signing.

Legal basis (position as of October 2026): the Act on the Protection of the Rights of the Purchaser of a Residential Unit or Single-Family House and on the Developer Guarantee Fund (the “Developer Act”, consolidated text Dz.U. 2026 poz. 880) and the Construction Law (consolidated text Dz.U. 2026 poz. 524). An amendment from Dz.U. 2025 poz. 1669, in force since 2 October 2026, concerns the register kept by the Insurance Guarantee Fund (art. 50 and 51). An amendment from Dz.U. 2026 poz. 1077, which enters into force on 11 November 2026, covers only art. 19b (price data). The provisions described below are not changed by either.

Warning signs in the paperwork, before you sign

The first warnings often show on paper rather than on site.

• One date in the advert, several in the agreement. A slogan such as “Q4 2027” from an advert is not a contractual date. A developer agreement must state separately the start and end of the works (art. 35 ust. 1 pkt 12), the deadline for notifying you of handover and the handover itself (pkt 17), and the date for transferring ownership (pkt 7). If one is missing, or the dates cannot be reconciled, ask why.
• No contractual penalty. The Act does not require one to be included and does not set its amount: art. 35 ust. 1 pkt 14 speaks of contractual penalties “if the parties provided for them”. If the draft agreement has none, a delay carries no penalty. This matters to anyone paying rent.
• A vague schedule. The schedule should have at least 4 stages, each worth 10 to 25% of the cost of the project, with its own completion date (art. 24 ust. 1-2). A vague schedule makes later comparison harder.
• An old permit and an empty plot. A building permit expires if work has not started within 3 years of the decision becoming final, or if it was interrupted for more than 3 years (art. 37 ust. 1 of the Construction Law). If the decision is old and nothing is happening on the plot, ask directly when preparatory work began.
• A permit number that does not match. Check the permit number and date in the agreement (art. 35 ust. 1 pkt 11), in the prospectus, on the site board and in the GUNB register (wyszukiwarka.gunb.gov.pl). Any differences need an explanation.

Before you sign, the developer must, on request, make available at its premises, among other things, the building permit or notification, financial statements for the last two years, the building design and the occupancy permit if one has already been issued (art. 26 ust. 1 pkt 3-6). Ask for these documents at your first visit to the sales office.

Warning signs during construction: a table of gaps

The most objective indicator is the gap between the date in the schedule and the date of the notice that a stage is finished. You pay into the escrow account (mieszkaniowy rachunek powierniczy) after each stage is completed, and the developer notifies you in writing or on another durable medium (art. 8 ust. 1-3). The bank releases funds to the developer from the account no earlier than 30 days after the agreement is concluded, and only after confirming that the stage is complete, in proportion to its share. The developer receives the remainder for the last stage after handing the bank an extract of the notarial deed transferring ownership (art. 16 ust. 1-2).

Keep a simple table:

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How to read it:

• a steady, small gap (a few days) is usually no cause for concern;
• a gap that grows from stage to stage means the delay is accumulating, even if the contractual date has not yet passed;
• no notice despite visible changes on site, or the reverse, a notice with no visible work, is a signal to ask for written explanations.

This is not proof that the developer is unreliable, only a reason to talk. Accept every change of date in writing only. Changes to the prospectus are made by the developer through an annex or a new prospectus (art. 22 ust. 1).

Warning signs on site

A visit takes an hour and gives you information you will not find in documents.

• The information board. Until the occupancy permit is obtained, the site must display a board with lettering at least 6 cm high, visible from the public road or the access to it (art. 45b of the Construction Law). It should show the date and number of the permit and the authority that issued it, the name and telephone number of the construction supervision authority, and details of the investor and the site manager. A missing board or inconsistent details are a reason to ask.
• Dated photographs. Photograph the site from the same spot every few months: progress shows better than sales assurances.
• Only an appearance of a start. Legally, “commencement of construction” already includes preparatory work: surveying and setting out, levelling the ground, setting up the site, connections (art. 41 ust. 1-2 of the Construction Law). A fenced plot with site cabins can therefore formally be the start of construction even though there are no foundations yet. The investor notifies the supervision authority of the intended start of works (art. 41 ust. 4).

For orientation: how long does an apartment block take to build?

According to Statistics Poland (GUS), multi-family buildings completed in 2025 took on average 24.8 months from the start of construction to being put into use. For single-family houses it was 51 months, and for all residential buildings 42.2 months (GUS, “Efekty działalności budowlanej w 2025 r.”, published 30 June 2026, nationwide data). This is a national average, not a norm for a particular development, and it does not measure the time from signing the agreement to getting the keys. It can serve as a reference point when you compare the works dates in the agreement with what you see on site.

From the end of works to the keys: where the date can still move

Finishing the works does not mean getting the keys. As of October 2026 there are still three steps ahead.

1. The occupancy permit. A multi-family residential building falls into category XIII and needs an occupancy permit decision before anyone moves in (art. 55 ust. 1 pkt 1 lit. a of the Construction Law). The simplified route through a notification of completion, where the authority has 14 days to object (art. 54 ust. 1), does not apply to such a building. The supervision authority issues the decision after a mandatory inspection (art. 59 ust. 1, art. 59a). Only the investor is a party to the proceedings (art. 59 ust. 7), so you will not receive the decision automatically. Ask the developer when the decision became final: handover of the unit is possible only after that (art. 41 ust. 1 of the Developer Act).
2. Handover of the unit. It takes place with you present and with a written protocol. The developer responds to the defects listed in the protocol within 14 days of its signing and remedies those it accepts within 30 days of the same date (art. 41 ust. 1-6 of the Developer Act).
3. The notarial deed transferring ownership. The date from art. 35 ust. 1 pkt 7 applies here, the most important one.

The developer is late: an action plan

If the developer does not transfer ownership by the date in the agreement, this is how it works as of October 2026:

1. You set an additional period of 120 days for transferring ownership. Only after it expires without result may you withdraw from the agreement (art. 43 ust. 1 pkt 6 and ust. 3).
2. You submit a statement of withdrawal in writing with notarially certified signatures, together with consent to the deletion of your claims from the land and mortgage register (art. 45 ust. 1).
3. The agreement is deemed not to have been concluded and you bear no costs connected with the withdrawal (art. 44 ust. 2). The developer returns the money paid to it by the bank from the escrow account within 30 days of receiving the statement (art. 44 ust. 3).

You keep the claim for a contractual penalty after withdrawal too (art. 43 ust. 3), but only if the penalty is written into the agreement. By withdrawing you lose the flat you are waiting for, so it is worth taking that decision together with a lawyer who has read your agreement.

The developer’s company: registers without logging in

Registers will not tell you whether the developer will finish on time, but they show who you are signing with (position as of October 2026): the National Court Register (KRS, prs.ms.gov.pl/krs), the Repository of Financial Documents (rdf-przegladarka.ms.gov.pl), the Court and Commercial Gazette (prs.ms.gov.pl/msig) and the National Debtors Register (krz.ms.gov.pl). The party to the agreement is often a special-purpose company, not the brand from the advert; in that case also ask for the statement of the parent company, which the developer must make available (art. 26 ust. 1 pkt 4).

If you are a foreigner: where the date can slip for reasons other than concrete

The checking methods are the same, but in your situation there are extra places where something can catch you out.

Letters from the developer will arrive in Polish. The Developer Act does not regulate the language of the prospectus, the agreement or the notices, and does not oblige the developer to translate them. The developer agreement itself is concluded as a notarial deed (art. 40 ust. 1), and notarial acts are performed in Polish. At your request the notary may also conduct them in a foreign language, alone or with a sworn translator (art. 2 § 3 and art. 87 § 1 pkt 1 of the Notaries Act, consolidated text Dz.U. 2026 poz. 614). Other documents for a consumer may be drawn up in your language if you ask for that yourself, you know that language, you are not a Polish citizen and you have been told of your right to a Polish text (art. 8 ust. 1b of the Polish Language Act, consolidated text Dz.U. 2026 poz. 81). Notices will most likely still reach you in Polish, so it helps to know a few terms:

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Enter the date of each such letter in your stage table. Check in the draft agreement how the developer will notify you of handover (art. 35 ust. 1 pkt 17), and inform the developer in writing of every change of address or phone number.

A margin for your tenancy. Plan your tenancy up to the ownership transfer date in the agreement, not the date given orally in the sales office, and leave a margin. Do not terminate your tenancy until you have the handover date and the date of the notarial deed in writing. How to convert extra months into zloty is shown in the guide on what each month of waiting costs while you rent.

A share in a separate property and the MSWiA permit. A residential unit in Warsaw (a self-contained residential unit) is acquired by a foreigner without an MSWiA permit, 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 poz. 2278). If, however, the Act applies to you (for example you are not a citizen of the EEA or Switzerland), then according to MSWiA’s explanations a permit is needed for a share in a separate property sold together with the unit, for example in an access road. Without a required permit the transaction is void (art. 6 ust. 1), and obtaining a permit can in practice take 2-4 months, and longer in some cases (MSWiA, frequently asked questions). If such a share is part of the agreement, apply early so that the delay is not on your side. More on which foreigners need a permit from the Ministry of the Interior.

When you will not be in Poland on the key day. Plans change during construction. It is worth knowing that:

• transferring ownership requires a notarial deed (art. 158 of the Civil Code, consolidated text Dz.U. 2026 poz. 795), and the power of attorney for it must take the same form (art. 99 § 1);
• the rule that the form of the country of signing is enough does not apply to real estate (art. 25 ust. 2 of the Private International Law Act, consolidated text Dz.U. 2023 poz. 503);
• a consul certifies signatures and copies, but draws up a notarial deed only with written authorisation from the Minister of Justice (art. 28 of the Consular Law, consolidated text Dz.U. 2026 poz. 711). A consul does not certify the signature on a power of attorney for transferring real estate, as the Polish mission in Stockholm, among others, explains.

If on the day of handover, the deed or withdrawal you may be abroad, agree the form of the power of attorney in advance with a notary in Poland. All provisions in this section are cited as of October 2026.

Checklist: signs of delay

Before reservation and agreement:

• The draft agreement contains three dates: works, handover and transfer of ownership.
• The agreement includes a contractual penalty for delay in transferring ownership.
• The permit number and date match in the agreement, the prospectus, on the board and in the GUNB register.
• The schedule has at least 4 stages with completion dates.
• The company in the agreement appears in the KRS, and its statements are in the Repository of Financial Documents.
• If the Act on the Acquisition of Real Estate by Foreigners applies to you: the agreement includes no share in a separate property, or the MSWiA application has already been filed.

During construction:

• You enter each stage-completion notice in the table and compare it with the schedule.
• Every few months you photograph the site together with the board.
• You accept changes of dates only in writing.
• The developer has your current address for notices.

Before the keys:

• You ask whether the occupancy permit exists and when it became final.
• You book the handover only after that.
• If you may be away, the form of the power of attorney is agreed with a notary.
• You terminate your tenancy only once you have the date of the deed in writing.

You can compare declared handover dates in the catalogue: new-build flats in Warsaw with a declared handover date. That is a starting point; what decides is the date written into your agreement with the developer.

FAQ

How can I tell that a developer will miss the handover date?

The clearest signal is a growing gap between the stage dates in the schedule and the dates on which the developer notifies you that each stage is finished. The Act requires at least 4 stages, each with its own completion date (art. 24), and the developer must notify you of a completed stage in writing or on another durable medium (art. 8). One late notice is not proof, but a series of them is a reason to ask questions. Position as of October 2026.

Which date in the developer agreement matters most if the project is late?

The date for transferring ownership (art. 35 ust. 1 pkt 7). The Developer Act (consolidated text Dz.U. 2026 poz. 880) ties your right to withdraw from the agreement to it (art. 43 ust. 1 pkt 6). The date for completing the works (pkt 12) and the handover date (pkt 17) are separate dates and do not replace it. Position as of October 2026.

Where can I check online whether a project has a building permit?

In the register of the Chief Office of Construction Supervision (GUNB): wyszukiwarka.gunb.gov.pl. It is free, needs no registration and covers applications and decisions filed since 1 January 2016. It shows the status of the case, not the text of the decision. You will find the permit number in the developer agreement (art. 35 ust. 1 pkt 11) and on the site information board. Position as of October 2026.

My developer is late transferring ownership. Will I get my money back?

Yes, but only after you set the developer an additional period of 120 days. If ownership is still not transferred within it, you may withdraw from the agreement (art. 43 ust. 1 pkt 6 and ust. 3). The developer returns the money released to it from the escrow account within 30 days of receiving your statement (art. 44 ust. 3). You can claim a contractual penalty for the delay only if the agreement provides for one. Position as of October 2026.

Can I sign the notarial deed through a proxy from abroad?

Transferring ownership requires a notarial deed (art. 158 of the Civil Code), and the power of attorney for it must take the same form (art. 99 § 1). The rule that the form of the country of signing is enough does not apply to real estate (art. 25 ust. 2 of the Private International Law Act). Agree the form of the power of attorney with a notary in Poland. Position as of October 2026.

Choosing a flat under construction and want to check the dates before you sign? Write to us before your first visit to the developer’s sales office. We will go there together, go through the information prospectus, the schedule and the draft agreement with you, and point out what to ask the developer or a lawyer. Buyers on the primary market do 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 of October 2026.