The developer’s sales office offers a reservation agreement and a fee, and you are not sure you will buy: the bank has not answered yet, your work plans may change, and the agreement is in Polish. In short, under the law as of October 2026: the maximum loss is 1% of the price in the information prospectus (Art. 32(2) of the Developer Act), so at a price of PLN 690,000 no more than PLN 6,900. The Act guarantees a refund only in the situations listed in Art. 34 (a closed catalogue). A change of mind or a move abroad is not among them, so in those cases what you sign decides whether you get anything back.
This text focuses on risk: it goes through the scenarios in which you can be left without the fee and shows what to write into the agreement to reduce that risk. The fee mechanism itself (the cap, crediting it against the price, a checklist for the agreement) is covered in a separate guide: how much the reservation fee is and when you get it back.
Legal basis: the Act of 20 May 2021 on the Protection of the Rights of a Purchaser of a Residential Unit or Single-Family House and on the Developer Guarantee Fund, consolidated text Dz.U. 2026 item 880 (the Developer Act), and the Mortgage Credit Act, consolidated text Dz.U. 2025 item 720. We keep article numbers in the original so that you can easily show them to a developer or a lawyer.
Map of scenarios: when the fee comes back and when it does not
Scroll the table sideways to see all columns.
| Scenario | What happens to the fee (as of October 2026) | Basis |
|---|---|---|
| You buy the flat | it counts towards the price | Art. 32(3) |
| The bank refused because of a negative creditworthiness assessment | refund without delay | Art. 34(1)(1) |
| No loan for another reason | the Act does not guarantee a refund, the agreement decides | Art. 34 (closed catalogue) |
| You changed your mind, job or country | not regulated by the Act, the agreement decides | Art. 34 (closed catalogue) |
| The developer does not perform the reservation agreement | refund at double the amount | Art. 34(1)(2) and (3) |
| The developer changed the prospectus and did not inform you | refund without delay | Art. 34(1)(3) |
| Completed flat: defects from the protocol not remedied, you did not sign the agreement | refund at double the amount | Art. 34(2) |
| MSWiA permit not issued in time | no such ground in Art. 34, the agreement decides | Art. 34 (closed catalogue) |
A double refund where the developer failed to perform means PLN 13,800 on a fee of PLN 6,900 (our own calculation). For a completed flat bought under a sale agreement, the Act applies only points 1 and 2 of Art. 34(1) (Art. 3 and Art. 4), so the provision on an unreported change of prospectus does not cover that case.
Scenario 1: the bank refuses the loan
You are entitled to a refund when you have no positive credit decision or promise of a loan because of a negative creditworthiness assessment within the meaning of Art. 4(11) of the Mortgage Credit Act (Art. 34(1)(1)). The Act does not require refusals from several banks; one decision meeting that condition is enough.
The danger lies in the reason given for the refusal. The catalogue in Art. 34 is closed, so if the loan fails for any other reason, this provision will not give you a ground for a refund. Therefore:
- keep the bank’s decision and ask for written confirmation that the refusal results from a negative creditworthiness assessment;
- if you want wider protection, write into the reservation agreement a refund on any loan refusal. The Act does not guarantee this, so it is a negotiating proposal that the developer does not have to accept.
The length of the reservation is also a risk. The agreement is concluded for a fixed period, and if you are taking a loan, that period should allow for the time needed to obtain a credit decision or promise (Art. 31). Ask your credit adviser how long it will take, and count the deadline from the day you actually submit the application, not from the day you sign the reservation agreement.
Scenario 2: you changed your mind or your life plans changed
Moving to another country, a new job, a change in family circumstances: none of these fits into Art. 34. The Act does not regulate this case, so the reservation agreement decides. If the agreement does not provide for a refund, you have no basis in the Act to demand one.
What you can do before paying:
- ask in writing whether the agreement provides for any payments on withdrawal beyond the reservation fee itself;
- if you are not sure you will stay in Warsaw until the developer agreement is signed, settle the refund terms before signing and write them into the agreement;
- remember that you cannot hand the reservation to a friend: assigning the claim under the reservation agreement is invalid (Art. 30(3)). The exception is a person in the first or second tax group under the Inheritance and Gift Tax Act, that is, a family member from those groups (Art. 30(4)).
Scenario 3: the developer does not keep the agreement
Here the risk shifts to the developer. If it fails to perform its obligation under the reservation agreement, it refunds the fee without delay (Art. 34(1)(2)) and at double the amount (Art. 34(3)). A refund without delay is also due when the developer changed the prospectus or its annexes and did not inform you (Art. 34(1)(3)).
To use these provisions you need something to compare against. The developer must hand over the information prospectus (prospekt informacyjny) before the reservation agreement, free of charge and on a durable medium (Art. 21(1)–(2)), and a reservation agreement made in any form other than writing is invalid (Art. 30(1)). Note the date you received the prospectus and keep that version. What to check in it is described in the checklist for the information prospectus. Also compare the price in the prospectus, in the agreement and on the developer’s website, where it must be published including VAT (Art. 19a(1)). If the price on the website differs from the one offered when the agreement is made, you may demand the agreement at the price most favourable to you (Art. 19a(6)).
If you are a foreigner: additional sources of risk
The agreement will be in Polish, and there is no notary at this stage. The Developer Act does not regulate the language of the prospectus or of the agreements. The Polish Language Act (consolidated text Dz.U. 2026 item 81) requires Polish in agreements with a consumer residing in Poland if the agreement is performed in Poland (Art. 7(1)). An agreement in a foreign language is possible when you ask for it yourself, know that language, are not a Polish citizen and were told of your right to a Polish text (Art. 8(1b)). The Act does not introduce a duty to translate the agreement. You may ask for a version in a language you know, but how these provisions apply to a particular agreement is for a lawyer to assess. Until a foreign-language version exists, you are signing the Polish text.
A reservation agreement requires written form (Art. 30(1)), not a notarial deed. The Notary Act provisions on translating a deed (Art. 87 § 1(1)) and reading it out before signing (Art. 94 § 1) do not apply at this stage. Understanding the text before you sign is your job. A sworn translator prepares and certifies written translations and interprets orally (Art. 13 of the Act on the Profession of Sworn Translator, Dz.U. 2019 item 1326), and the list of translators is kept by the Minister of Justice and published in the BIP (Art. 6(2) and Art. 10). For unfamiliar terms see the dictionary of terms used when buying from a developer.
The MSWiA permit and the reservation period. A foreigner acquires a separate residential unit in Warsaw without an MSWiA permit regardless of citizenship (Art. 8(1)(1) of the Act on the Acquisition of Real Estate by Foreigners, consolidated text Dz.U. 2017 item 2278, as of October 2026). Warsaw is not in the border zone where this exemption does not apply (Art. 8(3)). A share in the land and common parts of the building does not require a permit. According to MSWiA’s explanations, however, a permit is needed for a share in a separate property sold together with the unit, for example an access road or part of a residential complex. Without a required permit the agreement is invalid (Art. 6(1)). The time limit in the Code of Administrative Procedure for a particularly complicated case is up to 2 months (Art. 35 § 3 k.p.a., Dz.U. 2025 item 1691), and in practice, according to MSWiA (“Frequently asked questions”, as of 27.06.2022), 2–4 months, sometimes longer. A missing permit is not in the catalogue of Art. 34, so the risk is on your side until you agree otherwise. Check in the prospectus and the draft agreement whether such a share is part of what is being sold. If it is, allow time for the permit in the reservation period and write into the agreement what happens to the fee if the permit is not issued in time. A fuller discussion: whether a foreigner can buy a flat in Poland. These requirements do not apply to citizens of the EEA, Switzerland and Polish citizens.
Clauses to discuss with the developer before paying
These are proposals, not rights under the Act. The developer may refuse, but it is worth asking before you pay:
- a refund of the fee on any loan refusal, not only for a negative creditworthiness assessment;
- a reservation period counted from the day the loan application is submitted, with a margin;
- a refund or an extension if an MSWiA permit is needed and was not issued in time;
- clear withdrawal terms: exactly what you lose and until when;
- no other payments on withdrawal beyond the reservation fee;
- the name of the payment: if the agreement says “zadatek” (a deposit), ask why. A deposit is governed by Art. 394 of the Civil Code (consolidated text Dz.U. 2026 item 795), and the Developer Act does not use that word. For a reservation fee, the 1% cap on the prospectus price and the refunds under Art. 34 apply (as of October 2026).
After the developer agreement is signed
The developer agreement contains information on the conclusion of the reservation agreement and the amount of the fee (Art. 35(1)(20)), and the fee goes to the escrow account (mieszkaniowy rachunek powierniczy) within 7 days (Art. 32(4)). From that moment different rules apply: the developer agreement requires a notarial deed (Art. 40(1)), and where you do not know Polish and no translation is attached to the deed, the notary translates it personally or with the help of an interpreter (Art. 87 § 1 of the Notary Act, consolidated text Dz.U. 2026 item 614). The Act lists the cases of withdrawal from the developer agreement (Art. 43(1)), but a loan refusal is not among them (as of October 2026).
Will the rules change?
A government bill amending the Developer Act (UD361, published on the Government Legislation Centre website on 11 May 2026) provides, among other things, for a refund of the reservation fee at four times the amount in some cases. As of 7 October 2026 the bill had not been submitted to the Sejm. It is not binding law, so reservations today are governed by the rules described above.
FAQ
Can I lose the reservation fee if I pull out of the purchase?
Yes. As of October 2026, Article 34 of the Developer Act (consolidated text Dz.U. 2026 item 880) lists in a closed catalogue the situations in which the fee comes back, and a change of plans is not among them. The Act does not regulate that case, so the reservation agreement decides. The most you can lose is 1% of the price in the information prospectus (Art. 32(2)): at a price of PLN 690,000 that is PLN 6,900.
Is the fee refunded if the bank refuses a mortgage?
It is refunded without delay if you have no positive credit decision or promise of a loan because of a negative creditworthiness assessment (Art. 34(1)(1), as of October 2026). If the loan fails for any other reason, this provision does not help and only the reservation agreement counts.
Can the developer be required to refund the fee at double the amount?
Yes, when it fails to perform its obligation under the reservation agreement (Art. 34(3)). On a fee of PLN 6,900 that is PLN 13,800. The second case concerns a completed flat bought under a sale agreement, where the seller did not remedy the defects listed in the handover protocol and you did not enter into the transfer-of-title agreement (Art. 34(2)). As of October 2026.
Does a missing MSWiA permit entitle me to a refund of the fee?
Not under the Act: Article 34 does not list that situation (as of October 2026). A foreigner usually buys a separate residential unit in Warsaw without a permit (Art. 8(1)(1) of the Act on the Acquisition of Real Estate by Foreigners), but a permit may be needed for a share in a property sold together with the flat. If such a share is in the offer, write into the reservation agreement what happens to the fee if the permit is not issued in time.
Can I sign a reservation agreement in a language other than Polish?
The Developer Act does not regulate the language of the agreement. The Polish Language Act (consolidated text Dz.U. 2026 item 81, Art. 8(1b)) allows a consumer agreement in a foreign language if you ask for it yourself, know that language, are not a Polish citizen and were told of your right to a Polish text. The Act does not introduce a duty to translate the agreement. As of October 2026.
Can I transfer my reservation to a friend?
No. Assigning the claim under the reservation agreement to a third person is invalid (Art. 30(3)). Exception: a person in the first or second tax group under the Inheritance and Gift Tax Act (Art. 30(4)). As of October 2026.
The developer asks for a reservation fee and the agreement is in Polish? Write to us before your first visit to the sales office: we must register you with the developer before you turn up there on your own. We will go together, walk you through the information prospectus and the draft reservation agreement, and point out what to ask the developer or a lawyer. We serve clients in seven languages. A buyer purchasing a flat from a developer does not pay us a fee. Our remuneration on the primary market comes from agreements with developers. You can look at prices and flats beforehand in the catalogue of new flats in Warsaw with prices and data date, based on dane.gov.pl.
Jawno · +48 692 649 839 · infojawno@gmail.com
Agent: Vladyslav Moroz (sole proprietorship, OC liability insurance).
This text is for information only and is not legal advice. Legal position as of October 2026.