You have found a first flat on the resale market, and the seller suggests a preliminary agreement (umowa przedwstępna) and a deposit. Before you sign, check seven things: the land and mortgage register (księga wieczysta) in all four sections, the type of right to the flat, who lives there and who is registered as resident, arrears owed to the owners’ association or cooperative, the building’s paperwork, the full costs of buying, and the form of the preliminary agreement itself. Each point below comes with its legal basis. We describe the law as of October 2026.
On the resale market there is no escrow account (mieszkaniowy rachunek powierniczy) and no information prospectus: the Developer Act imposes those duties on developers only (consolidated text, Journal of Laws 2026, item 880). What protects you is what you check yourself and what you write into the contract.
What to check in a resale flat: the short list
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| What to check | Where or with whom | What to look for |
|---|---|---|
| Land and mortgage register | online register browser, by number | owner in section II, entries in section III, mortgage in section IV, notes of pending applications |
| Type of right | the register, the seller’s title deed | ownership, cooperative ownership right, land after conversion |
| Who lives in the flat | the seller, the lease | a tenant on a fixed-term lease, registered residents |
| Arrears | the building manager or cooperative | a certificate of no arrears dated close to the agreement |
| Building and flat | the manager, the seller | inspection reports, energy performance certificate |
| Costs | the notary | PCC tax, notary’s fee, court fees |
| Preliminary agreement | the notary | notarial form, deadline, entry of the claim in the register |
Land and mortgage register: how to read it before the preliminary agreement
Ask the seller for the register number (księga wieczysta). The registers are public (Article 2 of the Land and Mortgage Registers Act, consolidated text, Journal of Laws 2026, item 1066), and browsing a register by number in the Ministry of Justice system is free (Article 36⁴(6)). Remember that a printout from the browser does not have the force of a document issued by the court (Article 36⁴(7)).
A register has four sections (Article 25(1)). Read all of them, not only section II:
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| Section | What it contains | What to check |
|---|---|---|
| I | description of the property | whether the address, flat number and floor area match the advert |
| II | ownership and perpetual usufruct | whether the seller is entered as owner; whether there are co-owners who must also sign |
| III | limited property rights (for example easements, life-long maintenance rights), restrictions on disposal, other rights and claims | whether anyone has a right to live in the flat, whether another buyer’s claim is entered |
| IV | mortgages | which bank holds the mortgage and how it will be repaid from the price |
A mortgage in section IV does not rule out a purchase, but before the preliminary agreement find out from which part of the price and in what way it will be repaid. Ask the seller for a bank statement of the amount owed and for the bank’s consent to delete the mortgage once repaid. Write these arrangements into the agreement.
Public reliance on the register and its limits. A buyer who relies on the register is protected, but not always:
- the protection does not cover a buyer acting in bad faith or an acquisition without consideration (Article 6(1); when a buyer is in bad faith is set out in Article 6(2));
- it is excluded by a note of a pending application and by a warning entered in the register (Article 8). A note means an application has reached the court and has not yet been decided. Ask the seller what it concerns;
- it does not apply to certain rights that may not be visible in the register: rights arising by operation of law, life-long maintenance rights, easements established by decision, easements of necessary access and transmission easements (Article 7).
Hence the rule: besides the register, read the documents on which the seller acquired the flat (a notarial deed, a court decision confirming an inheritance).
Which right are you buying: ownership, a cooperative right, or land after conversion?
Separate ownership of a flat. You check it in the flat’s own register, as described above.
Cooperative ownership right (spółdzielcze własnościowe prawo do lokalu). This is a different right from ownership. A register may be opened for it but does not have to be (Article 1(3) of the Registers Act), and without a register you cannot establish a mortgage for a loan. If you are buying such a right, read our separate guide on buying a cooperative ownership right to a flat.
Land formerly held in perpetual usufruct (użytkowanie wieczyste). The perpetual usufruct of built-up land used for housing turned into ownership on 1 January 2019 (Article 1(1) of the Conversion Act, consolidated text, Journal of Laws 2025, item 6). The annual conversion charge is paid for 20 years from the day of conversion (Article 7(6)), by 31 March each year (Article 7(5)). The obligation passes to the next owner, and within 30 days of buying, the buyer applies to the authority for a certificate of the amount and the remaining period of the charge (Article 11(1)). Before the agreement, ask the seller for the conversion certificate and for proof that the charges are paid on time.
The municipality’s right of pre-emption. It applies, among other cases, to a sale of a property entered in the register of monuments, a property in a revitalisation area if a municipal resolution provides for it, and a property in a Special Revitalisation Zone (Article 109(1)(4), (4a) and (4b) of the Real Estate Management Act, consolidated text, Journal of Laws 2026, item 399). The municipality may exercise it within a month of receiving notice of the terms of the sale (Article 110(2)), which lengthens the transaction. For a building entered in the register of monuments the right applies only if it is disclosed in the land and mortgage register (Article 109(3)(5)). Ask the notary whether it affects the flat you chose.
Who lives in the flat and who is registered there?
A tenant. The buyer steps into the lease in place of the seller (Article 678 § 1 of the Civil Code, consolidated text, Journal of Laws 2026, item 795). If the lease is for a fixed term, in writing with a certified date, and the flat has been handed over to the tenant, you cannot terminate it merely because you bought the flat (Article 678 § 2). If the flat is let, ask for a copy of the lease before you sign the preliminary agreement.
Registration of residence (zameldowanie). It serves record-keeping purposes only (Article 28(4) of the Population Register Act, consolidated text, Journal of Laws 2026, item 384), so on its own it gives nobody a right to the flat. If a registered person has moved out without deregistering, the office issues a decision on deregistration of its own motion or at the owner’s request (Article 35). The law does not require a certificate of no registered residents on a sale. Data from the residents’ register may be released to a person who shows a legal interest (Article 46(2)(1); legal position as of October 2026). So ask the seller about registered residents first.
The safest approach is to state in the preliminary agreement that the seller will deregister everyone and hand over the flat free of people and belongings by a set date, and to agree which part of the price is paid only after handover.
Does the flat carry debts to the owners’ association or cooperative?
In an owners’ association, advance payments towards management costs are due by the 10th of the month (Article 15(1) of the Ownership of Premises Act). In a housing cooperative the deadline is also the 10th, unless the statutes provide a later date (Article 4(6²) of the Housing Cooperatives Act). In a cooperative, adults who permanently live with the right-holder (apart from adult descendants dependent on them) and people actually using the flat are jointly liable with the right-holder for the charges (Article 4(6)).
Ask the seller for a certificate of no arrears from the manager or cooperative, dated as recently as possible, and write into the agreement that the seller must provide such a document again before the notarial deed. While you are at it, ask about the monthly charges and any planned resolutions, for example on renovation.
Condition of the building and flat: which documents to see
Building inspections. The owner or manager of the building must commission inspections: at least once a year for gas installations and flues, and at least once every 5 years for the technical condition of the building, the electrical installation and lightning protection (Article 62(1)(1)(c) and (2) of the Construction Law, consolidated text, Journal of Laws 2026, item 524). In buildings with a footprint above 2,000 m² the inspection is carried out twice a year, by 31 May and by 30 November (Article 62(1)(3)). Ask the manager for the latest reports: they show the state of the building, flues, and gas and electrical installations before you start paying for their repairs.
Energy performance certificate (świadectwo charakterystyki energetycznej). The seller hands it over at the notarial deed (Article 11(1)(1) of the Energy Performance of Buildings Act, consolidated text, Journal of Laws 2024, item 101), and you cannot waive your right to receive it (Article 11(4)). If a certificate has already been issued, its indicators should be in the advert (Article 13). Ask for it before the preliminary agreement: it shows how much energy the flat needs.
What you pay on top of the price
PCC. On a resale purchase you pay civil law transactions tax (podatek od czynności cywilnoprawnych, PCC) of 2% of the market value. The notary collects it (Articles 4(1), 6(1)(1), 7(1)(1)(a) and 10(2) of the PCC Act, consolidated text, Journal of Laws 2026, item 191). Since 31 August 2023 an exemption applies to buying a first home, including a cooperative ownership right to a flat (Article 9(17)). For a purchase by two buyers, the Supreme Administrative Court (NSA) ruled on 7 April 2026 (III FSK 281/25) that the exemption may apply proportionally to the buyer who meets the conditions. That is a ruling in a single case, so ask the notary before the deed how he or she will calculate PCC.
Notary’s fee. For a sale agreement of a residential flat the notary may charge at most half of the maximum rate (§ 6(19) of the regulation on maximum notarial fees, consolidated text, Journal of Laws 2024, item 1566). For a value from PLN 60,000 to PLN 1,000,000 the maximum rate is PLN 1,010 plus 0.4% of the excess over PLN 60,000 (§ 3(5)). VAT of 23% is added to the fee. For establishing a mortgage for a housing loan the fee is at most 1/4 of the rate (§ 7(1)(1)), and a copy of the deed costs PLN 6 per page begun (§ 12(1)).
Court fees (Act on Court Costs in Civil Cases, consolidated text, Journal of Laws 2025, item 1228): entry of ownership PLN 200 and entry of a mortgage PLN 200 (Article 42(1)), opening a register PLN 100 (Article 44(1)(1)), entry of a claim PLN 150 (Article 43(3)), and deletion of an entry half of those amounts (Article 46).
Example, as of October 2026 (our own calculation under the provisions above, without a loan):
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| Flat price | PLN 600,000 | PLN 800,000 |
|---|---|---|
| PCC at 2% (no exemption) | PLN 12,000 | PLN 16,000 |
| Fee for the sale agreement, maximum net | PLN 1,585 | PLN 1,985 |
| Fee with 23% VAT | PLN 1,949.55 | PLN 2,441.55 |
| Entry of ownership in the register | PLN 200 | PLN 200 |
| Total (excluding copies) | PLN 14,149.55 | PLN 18,641.55 |
These are maximum amounts. The notary may set the fee lower, and with a PCC exemption the largest item falls away.
Preliminary agreement: plain written form or at a notary?
A preliminary agreement must set out the essential terms of the sale agreement (Article 389 § 1 of the Civil Code). Put in a specific date for the final agreement. If there is none, and neither party sets a deadline within a year of the preliminary agreement, the final agreement can no longer be demanded (Article 389 § 2).
The form determines what you can do if the seller backs out:
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| Plain written form | Notarial deed | |
|---|---|---|
| If the other party avoids the agreement | damages (Article 390 § 1) | you can demand that the sale agreement be concluded (Article 390 § 2 in conjunction with Article 158) |
| Entry of the claim in the register | no | yes, in section III (Article 16(2)(2) of the Registers Act) |
| Limitation period | one year from the day the sale agreement was due to be concluded (Article 390 § 3) | the same |
An entered claim also works against rights that other people acquire later (Article 17 of the Registers Act). If the seller tries to sell the flat to someone else, the entry protects you. It costs PLN 150 and its deletion PLN 75 (as of October 2026). If a year has passed since the entry and nobody has applied to register the right, the owner may demand deletion of the claim unilaterally (Article 19(1)), so plan the sale agreement for less than a year after the entry.
If you buy with a mortgage, state in the preliminary agreement a deadline that allows for the bank’s decision and what happens to the amount paid if the bank refuses. The difference between a deposit and an advance and their consequences are covered separately: deposit or advance under a preliminary agreement.
If you do not read Polish
The flat’s documents and the deed itself will be in Polish. A notarial deed is drawn up in Polish, but if you do not know the language, the notary translates the deed personally or through a sworn translator (tłumacz przysięgły), Article 87 § 1(1) of the Notary Act. Before signing, the deed is read out, and the notary must make sure you understand its content (Article 94 § 1, legal position as of October 2026). Have the manager’s certificates, register extracts and the lease translated before you sign the preliminary agreement, not after. A foreigner buys a separate flat without a permit from the Ministry of the Interior and Administration (MSWiA) unless it lies in a border zone, and Warsaw is not part of one (Article 8(1)(1) and (3) of the Act on the Acquisition of Real Estate by Foreigners).
Is the advertised price a market price?
Average asking prices on Warsaw’s resale market were higher in 2026 than average transaction prices. According to the National Bank of Poland (NBP), in Q2 2026 (March to May) the average asking price was PLN 19,059/m² and the transaction price PLN 16,723/m². The difference is about PLN 2,300/m² (our own calculation from NBP data). The Metrohouse and Credipass barometer gives an average transaction price of PLN 15,823/m² for Warsaw in the same quarter. That is a different sample (transactions of one network of agencies), so do not average it with NBP data. As of 7 October 2026 the NBP database has no data for Q3 2026 yet.
An average says nothing about a particular flat, but it shows that the advertised price is a starting point for negotiation. How the resale market compares with flats from a developer is covered in primary and resale markets in Warsaw compared.
See also: a flat in a large-panel block in Warsaw: what to check and estate agent commission when buying a flat: who pays.
FAQ
Does a preliminary agreement to buy a flat have to be signed at a notary?
No, but the form changes your remedies. As of October 2026, with an ordinary written agreement you can only claim damages if the seller backs out (Article 390 § 1 of the Civil Code). A preliminary agreement made as a notarial deed lets you ask a court to order the sale (Article 390 § 2 in conjunction with Article 158) and have your claim entered in the land and mortgage register.
How can I check a flat’s land and mortgage register for free?
Ask the seller for the register number and enter it in the Ministry of Justice’s free online register browser. The registers are public and browsing by number is free (Articles 2 and 36⁴(6) of the Land and Mortgage Registers Act, as of October 2026). A printout from the browser does not have the force of a document issued by the court (Article 36⁴(7)). Read all four sections.
Can a person registered as resident in the flat stay after the sale?
Registration of residence (zameldowanie) does not give a right to the flat: under the Population Register Act it serves record-keeping purposes only (Article 28(4), as of October 2026). If the person has moved out without deregistering, the owner can apply and the office removes them by decision (Article 35). A tenant is different: the tenancy passes to the buyer (Article 678 § 1 of the Civil Code).
The flat is being sold with a tenant. Do I have to honour the lease?
Yes. The buyer steps into the lease in place of the seller (Article 678 § 1 of the Civil Code). If the lease is for a fixed term, in writing with a certified date, and the flat has been handed over to the tenant, you cannot terminate it just because you bought the flat (Article 678 § 2, as of October 2026). Ask for a copy of the lease before the preliminary agreement.
Is the seller liable for defects in a resale flat?
The statutory warranty for defects of real estate (rękojmia) lasts 5 years from handover (Article 568 § 1 of the Civil Code). When a private person sells, the parties may limit or exclude it in the contract, but the exclusion has no effect if the seller fraudulently concealed a defect (Article 558 § 2). When a business sells to you as a consumer, a limitation is allowed only where special provisions permit it (Article 558 § 1). As of October 2026.
This text is for information only and is not legal advice. Legal position as of October 2026.
Looking for a resale flat in Warsaw? Visit the resale market section of this site or write to us before you sign the preliminary agreement. We serve clients in 7 languages. The agent is Vladyslav Moroz (sole trader, professional liability insurance). The fee, and who pays it, is set in the agency agreement.
Jawno · +48 692 649 839 · infojawno@gmail.com