The developer’s sales office (biuro sprzedaży) in Warsaw wants you to sign a reservation agreement (umowa rezerwacyjna) and pay a reservation fee before it will hold the flat, and you are not yet sure the bank will lend, whether you need a permit, or whether this is really the flat. The short answer, as of October 2026: the reservation fee cannot exceed 1% of the price stated in the information prospectus (prospekt informacyjny) (Article 32(2) of the Developer Act). For a PLN 690,000 flat that is at most PLN 6,900. If you buy, the fee counts towards the price. If the bank turns you down because of a negative creditworthiness assessment, the developer must give it back. If you simply change your mind, the Act provides no refund, and you will usually lose the fee.
Legal basis: the Act of 20 May 2021 on the protection of the rights of buyers of a dwelling or a single-family house and the Developer Guarantee Fund, consolidated text: Journal of Laws 2026, item 880 (“Developer Act”), and the Mortgage Credit Act, consolidated text: Journal of Laws 2025, item 720. All rules below are stated as of October 2026.
How much can you lose on a reservation?
There is one cap, and it applies to the fee itself: no more than 1% of the flat’s price as stated in the prospectus (Article 32(2)). So compare three prices: the one in the prospectus, the one in the reservation agreement and the one on the developer’s website, where the developer must publish prices including VAT (Article 19a(1)). If the website price differs from the price offered when you sign, you can demand that the agreement be concluded at the price that is most favourable to you (Article 19a(6)).
Example (our own calculation, law as of October 2026):
Scroll the table sideways to see all columns.
| Price of the flat in the prospectus | Maximum reservation fee (1%) |
|---|---|
| PLN 690,000 | PLN 6,900 |
What happens to that money:
- If you buy. The fee counts towards the price (Article 32(3)). After the developer agreement (umowa deweloperska) is signed, the developer pays it into the housing escrow account (mieszkaniowy rachunek powierniczy) within 7 days (Article 32(4)). Until then, the money is not in the escrow account.
- If you do not buy. Whether you get it back depends on whether your situation falls under Article 34, described below.
The Act caps the reservation fee, but read the whole agreement. If it provides for any other payment on cancellation besides the fee, ask about it in writing before you sign.
When must the developer refund the reservation fee?
Article 34(1) lists three cases in which the fee is refunded without delay (law as of October 2026):
- You did not get a loan because of a negative creditworthiness assessment. This means you received no positive credit decision and no promise of credit as a result of a negative assessment of your creditworthiness within the meaning of Article 4(11) of the Mortgage Credit Act (Article 34(1)(1)).
- The developer fails to perform its obligation under the reservation agreement (Article 34(1)(2)).
- The developer changed the prospectus or its annexes and did not tell you (Article 34(1)(3)).
In two cases the fee comes back doubled:
- when the developer fails to perform its obligation under the reservation agreement (Article 34(3)). On a PLN 6,900 fee that is PLN 13,800 (our own calculation);
- when you buy a finished flat under an ordinary sale agreement (Article 3 of the Act; where a business other than the developer sells, Article 4), the reservation came before that agreement, the seller did not remedy the defects recorded in the handover report, and you did not go ahead with the agreement transferring ownership (Article 34(2)).
For a finished flat bought under a sale agreement, the Act applies only points 1 and 2 of Article 34(1) (Articles 3 and 4). The refund for an unannounced change to the prospectus does not cover that case.
Scroll the table sideways to see all columns.
| Situation | What happens to the fee (law as of October 2026) | Provision |
|---|---|---|
| You buy the flat | counts towards the price | Article 32(3) |
| Bank refused because of a negative creditworthiness assessment | refunded without delay | Article 34(1)(1) |
| Developer does not perform the reservation agreement | refunded double | Article 34(1)(2) and 34(3) |
| Developer changed the prospectus without telling you | refunded without delay | Article 34(1)(3) |
| Finished flat: defects in the handover report not remedied, you did not sign | refunded double | Article 34(2) |
| You changed your mind | not covered by the Act; the agreement decides | Article 34 (closed list) |
The bank said no: when does the fee come back?
The refund applies when you did not obtain a positive credit decision or a promise of credit (przyrzeczenie udzielenia kredytu, a term from Article 3(1) of the Mortgage Credit Act) because of a negative creditworthiness assessment (Article 34(1)(1)). The Developer Act does not require refusals from several banks. One decision that meets this condition is enough.
The list in Article 34 is closed. If the loan falls through for any other reason, Article 34(1)(1) gives you no right to a refund, and only the wording of the reservation agreement counts. In practice:
- keep the bank’s decision and ask the bank to confirm in writing that the refusal results from a negative creditworthiness assessment. That is your evidence for the developer;
- if you want wider protection, for example a refund whenever a loan is refused, write it into the reservation agreement before you sign. The Act does not give you that.
How long should the reservation last?
A reservation agreement is concluded for a fixed term. If you are applying for a loan, the term should allow for the time needed to obtain a credit decision or a promise of credit (Article 31, law as of October 2026).
One time limit comes from the Mortgage Credit Act: the bank hands over the credit decision on the 21st day after receiving the application, and earlier only if you agree (Article 14(2)). The decision binds the bank for at least 14 days from when it is handed over (Article 14(6)). Count the reservation period from the date you will actually apply to the bank, not from the date you sign.
Buying as a foreigner: what changes for your reservation
You will usually be signing a Polish text, and no notary reads it to you
The Developer Act contains no rule on the language of the prospectus or the agreements (consolidated text as above, as of October 2026). The Polish Language Act applies instead (consolidated text: Journal of Laws 2026, item 81):
- if you live in Poland when you sign and the contract is performed in Poland, Polish is used in dealings with you as a consumer (Article 7(1));
- a contract with a consumer may be drawn up in a foreign language if the consumer asks for it, knows that language, is not a Polish citizen and has first been told of the right to a document in Polish (Article 8(1b)). The Act does not oblige the developer to provide a translation.
The reservation agreement only has to be in writing (Article 30(1) of the Developer Act); a notarial deed is required for the later developer agreement (Article 40(1)). The notary’s duties to translate the deed for a party who does not know Polish and to make sure you understand it before you sign (Law on Notaries, Articles 87 § 1(1) and 94 § 1, consolidated text: Journal of Laws 2026, item 614) therefore apply to the deed, not to the reservation. At the reservation stage, you read the agreement and the prospectus, which becomes part of it (Article 23(2)), without that help.
If you want a certified translation, a sworn translator (tłumacz przysięgły) makes certified written translations and also interprets orally (Article 13 of the Act on the Profession of Sworn Translator, consolidated text: Journal of Laws 2019, item 1326). The Minister of Justice keeps and publishes the list of sworn translators (Articles 6(2) and 10). For the meaning of the Polish words you will meet, see a glossary of the Polish terms in your reservation and developer agreements.
Check whether you need a permit before you pay
Under the Act on the Acquisition of Real Estate by Foreigners (consolidated text: Journal of Laws 2017, item 2278, as of October 2026):
- a self-contained flat can be bought without a permit whatever your citizenship, and so can a garage unit or a share in one that serves your housing needs (Article 8(1)(1) and (1a)). These exemptions do not apply in the border zone (Article 8(3)); Warsaw is not in it;
- citizens of the EEA and Switzerland need no permit at all (Article 8(2)), and anyone who holds Polish citizenship, including dual citizenship, is not a foreigner under the Act (Article 1(2)(1));
- according to the FAQ of the Ministry of the Interior and Administration (MSWiA), a share in a separate property sold together with the flat, such as an access road or part of a residential complex, does require a permit for a buyer covered by the Act.
Why this matters at the reservation stage: refusal of a permit, or a permit that takes too long, is not one of the refund cases in Article 34 of the Developer Act, and Article 31 links the reservation term only to obtaining a credit decision or a promise of credit. Without a permit where one is required, the purchase cannot be made and an acquisition in breach of the Act is void (Articles 5 and 6(1)). The Code of Administrative Procedure allows up to two months for a particularly complex case (Article 35 § 3, consolidated text: Journal of Laws 2025, item 1691); according to the Ministry’s FAQ, it takes 2–4 months in practice, sometimes longer. A permit is valid for 2 years and a promise of a permit (promesa) for 1 year (Articles 3(2) and 3d(2)); the stamp duty is PLN 1,570 for a permit and PLN 98 for a promesa (Stamp Duty Act, consolidated text: Journal of Laws 2025, item 1154, as of October 2026).
So before you sign, look in the prospectus and the draft developer agreement for a share in another plot. If there is one, ask the developer in writing which plot it is, and either agree a reservation term and a refund clause that cover the permit, or check with the notary before paying. Who needs a permit, and what it costs, is covered in more detail in who needs a permit to buy property in Poland.
If you are taking a mortgage
Whether you will get a mortgage, and on what terms, ask a mortgage adviser (doradca kredytowy) before you reserve. Article 34(1)(1) does not mention citizenship or residence status (as of October 2026): the refund depends only on the reason for the refusal, as described above.
What to check in the reservation agreement before you sign
Checklist, law as of October 2026:
- Written form. A reservation agreement made other than in writing is void (Article 30(1)).
- Prospectus first. The developer delivers the prospectus before the reservation agreement, free of charge and on a durable medium (trwały nośnik) (Article 21(1)–(2)). Do not pay without it. What to look for is set out in an English checklist for the developer’s prospekt informacyjny.
- The fee. At most 1% of the price in the prospectus (Article 32(2)). Work it out yourself from the prospectus.
- The price. Compare the prospectus, the agreement and the developer’s website (Article 19a(1) and (6)).
- The term. A fixed period with room for a credit decision (Article 31) and, if you need one, a permit.
- Cancellation and refunds. Does the agreement repeat the Article 34 cases, and does it add anything in your favour, such as a refund whenever a loan is refused?
- What the payment is called. If the agreement says “zadatek”, ask why. That is a different institution (Article 394 of the Civil Code), and the Developer Act does not use the word.
One more limit: you cannot sell or hand your reservation to someone else. An assignment of claims under a reservation agreement is void (Article 30(3)), except to a person in tax group I or II under the Inheritance and Gift Tax Act, meaning a family member in those groups (Article 30(4)).
Reservation fee or deposit (zadatek): what is the difference?
The zadatek is governed by Article 394 of the Civil Code (consolidated text: Journal of Laws 2026, item 795). The Developer Act does not use the word “zadatek” at all (law as of October 2026). When you buy from a developer, the rules on the reservation fee apply: the 1% cap on the price in the prospectus and the refunds in Article 34. The zadatek and the zaliczka (advance payment) matter mainly on the resale market, in a preliminary agreement.
What happens to the reservation once you sign the developer agreement?
The developer agreement records that a reservation agreement was concluded and the amount of the fee (Article 35(1)(20)). The fee goes into the escrow account within 7 days (Article 32(4)).
From then on, different rules apply. The Act lists the cases in which you may withdraw from the developer agreement (Article 43(1)), and a refused loan is not among them (law as of October 2026). If your financing is not certain, the protection has to be written into the agreement itself.
Will the rules on the reservation fee change?
The government’s draft amendment to the Developer Act (UD361, published on the Government Legislation Centre (RCL) website on 11 May 2026) provides, among other things, for the reservation fee to be refunded four times over in some cases. As of 7 October 2026, the draft had not been submitted to the Sejm. It is not law, so the rules described above are the ones that apply to your reservation today.
FAQ
How much can a Polish developer charge as a reservation fee?
As of October 2026, no more than 1% of the flat’s price stated in the information prospectus (Article 32(2) of the Developer Act, Journal of Laws 2026, item 880). For a flat priced at PLN 690,000 that is at most PLN 6,900. If you go on to buy the flat, the fee counts towards the price (Article 32(3)), so you do not lose it.
Do I get the reservation fee back if I change my mind?
Usually not. The Developer Act lists only three cases in which the fee must be refunded (Article 34(1)), and changing your mind is not one of them. In practice the developer normally keeps the fee unless the reservation agreement says otherwise. Law as of October 2026.
Will I get the fee back if the bank turns down my mortgage?
Yes, if you did not get a positive credit decision or a promise of credit because of a negative assessment of your creditworthiness: the developer must then refund the fee without delay (Article 34(1)(1), as of October 2026). The Act does not require refusals from several banks. If the loan falls through for another reason, this rule does not help and the wording of your agreement decides.
Does the reservation agreement have to be notarised or in English?
Neither. As of October 2026, it must be in writing, or it is void (Article 30(1) of the Developer Act); a notarial deed is required only for the later developer agreement (Article 40(1)). The Developer Act says nothing about language. Under the Polish Language Act, a contract with a consumer who is not a Polish citizen can be drawn up in a foreign language if the consumer asks for it, knows that language and was first told of the right to a Polish text (Article 8(1b)).
As a non-EU citizen, do I need a permit before reserving a flat in Warsaw?
Not for the flat itself: a self-contained flat can be bought without a permit whatever your citizenship, outside the border zone, and Warsaw is not in it (Article 8(1)(1) and 8(3) of the Act on the Acquisition of Real Estate by Foreigners, as of October 2026). According to the Ministry’s FAQ, a share in a separate property sold with the flat, such as an access road, does need a permit, unless you are a citizen of an EEA country or Switzerland (Article 8(2)). Refusal of a permit is not one of the refund cases in Article 34 of the Developer Act.
Is a reservation fee the same as a deposit (zadatek)?
No. The zadatek is a Civil Code institution (Article 394, Journal of Laws 2026, item 795), and the Developer Act does not use the word at all. The reservation fee has its own rules: the 1% cap and the refunds in Article 34. Law as of October 2026.
About to reserve a flat with a Warsaw developer? Write to us before your first visit to the sales office: we have to register you there before you go on your own. We will go together. Beforehand, we will go through the prospekt informacyjny and the draft reservation agreement with you, in English or another of our seven languages, and point out what to ask the developer or a lawyer. You do not pay us a fee for help buying a flat from a developer. Before you write, you can browse new-build flats in Warsaw with prices and the date of the data, taken from dane.gov.pl.
Jawno · Vladyslav Moroz, real estate agent (pośrednik w obrocie nieruchomościami), sole trader with OC liability insurance · +48 692 649 839 · infojawno@gmail.com
This text is for information only and is not legal advice. Law as of October 2026.