A new flat in Warsaw can be bought “in instalments” in only one sense: you pay the developer in parts during construction, into a special bank account, instead of handing over the whole sum on the day you sign (art. 8 of the Developer Act, consolidated text Dz.U. 2026 item 880). It is not a loan and not a price spread over years after you collect the keys: you pay the full price from your own funds, and the developer waits for the last payment before handover. Below we explain how much is paid at the start, where the money is held, what happens if the build is late and what to check in the contract if a bank has refused you a mortgage or you do not want one.
Legal position as of October 2026.
What “instalments” means with a developer
The word “instalments” in adverts can mislead. The Act on the Protection of the Rights of Buyers of Residential Units and Single-Family Houses and on the Developer Guarantee Fund (the Developer Act) has no concept of instalments in the sense of a loan. It describes staged payments:
- the developer divides the build into at least 4 stages, each between 10% and 25% of total construction costs (art. 24 para. 2);
- you pay in parts after successive stages are completed, and the developer notifies you of completion in writing or on a durable medium (art. 8 para. 1-3);
- every payment goes to an escrow account (mieszkaniowy rachunek powierniczy), not to the developer’s ordinary account (art. 8 para. 1).
Note: 10-25% is a share of construction costs, not of the price of your flat. How much you pay at each stage and by when is set out in the contract, which can only be concluded as a notarial deed (art. 40 para. 1).
The price follows a simple rule: usable area in m² times the price per m² (art. 5a, in force since 13.02.2026). That is why offers from different developers are best compared by price per square metre.
What you pay at the start: stages, “10/90” and the reservation fee
In practice you will meet two approaches.
Payments per stage. Each completed construction stage triggers the next payment, spread across the whole build.
The “10/90” schedule. Adverts for Warsaw developments mention a “10/90 payment schedule” (as of October 2026). It usually means 10% of the price on signing the developer agreement and 90% before handover or on dates set in the contract. What exactly sits behind those numbers at a given developer you will see only in the schedule in the draft contract. Proportions and dates vary, so rely on it, not on the advert.
A reservation agreement may come before the developer agreement. It must be in writing on pain of invalidity (art. 30 para. 1). The reservation fee may not exceed 1% of the flat’s price from the information prospectus (art. 32 para. 2), counts towards the price (para. 3), and the developer must pay it into the escrow account within 7 days of concluding the developer agreement (para. 4).
Worked example. According to NBP, the average asking price on the primary market in Warsaw in Q2 2026 was PLN 18,488/m² (NBP file of 07.08.2026; Q3 data is not yet available). According to CBRE, the average asking price of new flats in Warsaw at the end of Q2 2026 was PLN 19,405/m². We use the NBP price:
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| What we calculate | Amount for a 50 m² flat |
|---|---|
| Flat price | approx. PLN 924,000 |
| Reservation fee, maximum 1% | approx. PLN 9,200 |
| Start of a “10/90” schedule | approx. PLN 92,000 |
| Remainder of a “10/90” schedule | approx. PLN 832,000 |
This is our illustrative calculation, not the price of a particular flat: averages mix districts and standards. Current prices of developments with their update date are on the page new flats in Warsaw with prices from dane.gov.pl.
Where your money is held: the escrow account
A developer starting sales must conclude an escrow account agreement with a bank (art. 7 para. 1). There are two kinds of account, and the difference matters to you.
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| Open account | Closed account | |
|---|---|---|
| When the bank pays the developer | after a stage is completed and no earlier than 30 days after the agreement (art. 16 para. 1) | only after ownership is transferred to you (art. 15) |
| Developer’s contribution to the DFG | 0.45% | 0.1% |
The bank’s costs and fees for running the account are borne by the developer, who may not charge them to your payments (art. 14 para. 1-2).
The type of account and the bank are in the information prospectus (prospekt informacyjny). The developer must hand it over free of charge, on a durable medium, before the reservation or developer agreement (art. 21 para. 1-2).
If the developer does not deliver
Developer insolvency. You are protected by the Developer Guarantee Fund (DFG), a separate account within the Insurance Guarantee Fund (art. 46 para. 1). The developer calculates and pays the contributions (art. 49 para. 5), at 0.45% for an open account and 0.1% for a closed one (regulation, Dz.U. 2022 item 1341, as of October 2026). For an open account the fund refunds money in the cases in art. 48 para. 1.
Bank insolvency. Money in the account is covered by the Bank Guarantee Fund guarantee up to EUR 100,000 (art. 24 para. 1 of the BFG Act, consolidated text Dz.U. 2026 item 620). The DFG tops up any excess (art. 48 para. 2 of the Developer Act).
Late construction. If the developer has not transferred ownership on time, you set an additional 120-day deadline, and only then may you withdraw from the contract (art. 43 para. 3). For some grounds the Act gives 30 days (art. 43 para. 2), for one of them 60 days (para. 5). The withdrawal statement is made in writing with notarised signatures, together with consent to delete your claims from the land and mortgage register (księga wieczysta) (art. 45 para. 1). Refunds are governed by art. 44.
Handover. Handover takes place once the occupancy permit is final, in your presence and with a protocol (art. 41 para. 1-3). The developer has 14 days to respond to your comments, otherwise they are deemed accepted. It has 30 days to remedy defects (art. 41 para. 4-6). You may refuse handover for a material defect the developer has not acknowledged (para. 9).
Why a schedule does not replace a mortgage
A schedule spreads the payment but does not reduce it. A common plan is: first payments from savings, the last one on a mortgage. That is risky, because the bank takes its credit decision on the day you apply, not on the day of the developer agreement. Ask a credit adviser about chances and terms before reserving. Plan the entire price from your own funds and treat a loan for the last payment as a possibility, not the basis of your plan. If you need time to raise the sum, compare the options in ready flat or off-plan: what waiting costs.
If you are a foreigner: documents, language, money from abroad
There is no cash limit for consumers in Poland: the PLN 15,000 limit applies to transactions between businesses (art. 19 of the Entrepreneurs’ Law, consolidated text Dz.U. 2025 item 1480). But developer payments go to the escrow account (art. 8 para. 1), so in practice this is a bank transfer.
Under the Anti-Money Laundering Act (consolidated text Dz.U. 2025 item 644), as of October 2026:
- the bank informs the General Inspector of Financial Information (GIIF) of a transfer above EUR 15,000, including one received from abroad (art. 72 para. 1-2). At the NBP rate of 06.10.2026 that is about PLN 65,550, so a bank will as a rule report a large transfer (the Act provides exceptions);
- a notary notifies GIIF of a notarial deed for an amount above EUR 15,000 within 7 days (art. 72 para. 4 and para. 5 point 5);
- a notary and a real estate agent are obliged institutions (art. 2 para. 1 points 13 and 18) and check the source of funds where circumstances justify it (art. 34 para. 1 point 4 letter b).
Collect documents on the source of the money (statements, the sale contract for a previous flat, confirmation of a gift) before the first payment. If part of the funds is abroad, check whether the schedule fits your bank’s transfer limits. More in how to buy a flat in Warsaw while living abroad.
Language matters too. Notarial acts are carried out in Polish. At a party’s request a notary may also conduct them in a foreign language, alone or with a sworn translator (tłumacz przysięgły), and if you do not know Polish the deed is translated (art. 2 para. 3 and art. 87 para. 1 point 1 of the Notary Law, consolidated text Dz.U. 2026 item 614). If an attorney signs for you, the power of attorney must be a notarial deed (art. 99 para. 1 of the Civil Code).
What to check before reserving and signing
- Prospectus. Did you receive it before reserving, free of charge and on a durable medium (art. 21)? What type of escrow account, and at which bank?
- Reservation agreement. Written form (art. 30 para. 1) and a fee of up to 1% of the prospectus price (art. 32 para. 2).
- Your payment schedule. How many payments, in what amounts, tied to which stages, and when the last one falls due.
- Consequences of delay. What interest or contractual penalty (art. 483 para. 1 of the Civil Code) the contract provides if you pay late.
- Language. The deed is signed in Polish, so arrange a translation in advance.
- Power of attorney. If an attorney signs for you, it must be a notarial deed (art. 99 para. 1 of the Civil Code).
More on reservations in reserving with a developer: how much you can lose, and on judging discounts in developer promotions: did the price really fall.
What our help costs
We do not charge you a fee for help buying from a developer. The condition: we register you as a client at the developer’s sales office (biuro sprzedaży) before your first visit on your own. We then go there together, walk you through the information prospectus and draft contract (payment schedule, type of account, date of the last payment) and point out what to ask the developer or a lawyer. We serve clients in 7 languages. The agent is Vladyslav Moroz (sole trader, with OC liability insurance).
FAQ
Can I buy a new flat in Warsaw in instalments without a mortgage?
Yes, but these are not a loan or payments after you get the keys. Under the developer agreement (umowa deweloperska) you pay in parts as construction progresses, into an escrow account (mieszkaniowy rachunek powierniczy) rather than the whole sum at once (art. 8 para. 1-3 of the Developer Act, Dz.U. 2026 item 880, as of October 2026). You pay the full price from your own funds, only spread over time.
How much do I have to pay up front when buying from a developer?
The contract decides. The reservation fee may not exceed 1% of the price in the information prospectus and counts towards the price (art. 32 para. 2-3 of the Developer Act, as of October 2026). A “10/90” schedule usually means 10% on signing the developer agreement and 90% before handover, but the exact split comes from your contract. For a 50 m² flat at the NBP average asking price in Warsaw for Q2 2026, 10% is about PLN 92,000.
What happens to my money if the developer goes bankrupt?
Your payments go not to the developer but to an escrow account at a bank, and the developer receives them only after a stage is completed or after ownership is transferred. With an open account, the Developer Guarantee Fund (DFG) refunds money in the cases listed in art. 48 para. 1 of the Developer Act. The developer pays the contribution to the fund, not you: 0.45% for an open account and 0.1% for a closed one (as of October 2026).
Can I take a mortgage just for the last payment?
You can try, but there is no guarantee: the bank decides on the day you apply, not on the day you sign with the developer. Ask a credit adviser about your chances and the terms before you reserve. Plan the whole sum as if there would be no loan.
Can I pay a developer by transfer from abroad?
Payments go to the escrow account, so by bank transfer. For a transfer above EUR 15,000, including one received from abroad, the bank as a rule informs the General Inspector of Financial Information (GIIF) (art. 72 para. 1-2 of the Anti-Money Laundering Act, consolidated text Dz.U. 2025 item 644, as of October 2026). Prepare documents on the source of funds before your first payment.
Chosen a new flat and want to pay in stages? Write to us before your first visit to the developer’s sales office. We will register you as a client, go to the meeting together, walk you through the prospectus and payment schedule in the draft contract before you sign, and point out what to ask the developer or a lawyer. As a buyer you do not pay us a fee. Our remuneration on the primary market comes from agreements with developers.
Jawno · +48 692 649 839 · infojawno@gmail.com
This text is for information only and is not legal advice. Legal position as of October 2026.