Frequently asked questions about property
Answers to questions about buying, selling and renting property in Warsaw: contracts, costs, paperwork and support for clients from abroad.
General
How much do real estate agency services cost, and who pays the commission?+
The agency's fee depends on the scope of the service and is agreed individually — at WellHome we confirm it during a first, no-obligation meeting, before you sign the brokerage agreement (umowa pośrednictwa). On the Polish market, the commission is usually paid by the party that commissions the service, and the rate is a matter of negotiation. There is one important exception on the new-build (primary) market: when you buy an apartment from a developer's offer presented by WellHome, the buyer pays 0% commission, because the fee is settled by the developer. The price of the apartment is then exactly the same as buying directly at the developer's sales office, and on top of that the buyer gets an advisor's support at every stage of the transaction.
What is the difference between the primary and the secondary market?+
The primary market means buying a brand-new apartment directly from a developer, while the secondary market means buying a property that has already had an owner. On the primary market the price includes VAT (in 2026: 8% for apartments up to 150 m2 and 23% on any floor area above that) and no civil-law transaction tax (PCC) is due. On the secondary market the buyer pays PCC of 2% of the price, unless they are buying their first home — in that case a statutory exemption applies. The condition of the property also differs: from a developer you usually receive the apartment as an unfinished shell (the so-called developer standard, ready for fit-out) and may have to wait for construction to finish, while on the secondary market you can move in right after the transaction.
How does the agency check an apartment's legal status before the transaction?+
The starting point is an analysis of the land and mortgage register (księga wieczysta): we check the registered owner, mortgages, easements, third-party claims, and notes on pending proceedings. We also verify the basis of ownership (notarial deed, inheritance, gift), a certificate confirming that no one is officially registered as resident at the address, and confirmation that there are no arrears owed to the homeowners' association or housing cooperative. When buying from a developer, we additionally review the project's information prospectus, the company's entry in the National Court Register (KRS), the building permit, and the legal status of the land. At WellHome we carry out this analysis before a listing goes on the market, and the land and mortgage register is checked once again immediately before the notarial deed is signed.
Buying
Can a foreigner buy an apartment in Poland?+
Yes — a foreigner can buy a self-contained residential apartment without any permit, regardless of citizenship; the only exception is property located in the border zone. Citizens of EU and EEA countries also need no permit to buy a house or land. Non-EU citizens, however, must obtain a permit from the Minister of the Interior (MSWiA) to buy, among other things, a house with a plot or land on its own — in 2026 the fee is PLN 1,570 and the procedure formally takes up to 2 months, though in practice it is often considerably longer. This is why non-EU buyers most often choose apartments, where the entire process is exactly the same as for a Polish citizen.
What additional costs should you budget for when buying an apartment (tax, notary, registrations)?+
On top of the apartment's price you should usually allow around 2-5% of the transaction value. The largest item on the secondary market is the civil-law transaction tax (PCC) of 2% — although in 2026 first-time buyers do not pay it: a simple declaration made at the notarial deed is enough. Then comes the notary's fee (taksa notarialna), whose maximum rates are set by regulation, with residential apartments qualifying for a rate reduced by half — for an apartment costing around PLN 550,000 that is a maximum of roughly PLN 3,600 gross, plus the cost of deed copies, usually PLN 300-400. Court fees in 2026 are PLN 200 for registering ownership in the land and mortgage register (księga wieczysta) and PLN 200 for registering a mortgage if you buy with a loan. On the primary market there is no PCC, because VAT is already included in the developer's price. This is general information, not tax advice.
The developer agreement — what should you watch out for before signing?+
A developer agreement (umowa deweloperska) must take the form of a notarial deed, and its content should be checked against the project's information prospectus. Three areas deserve particular attention: a precise description of what you are buying (floor area, finishing standard, rules for settling any difference between the planned and final floor area), the construction and payment schedule, and contractual penalties, which should be symmetrical for both parties. The type of escrow account is crucial: with a closed escrow account the developer receives your money only after ownership is transferred to you, with an open one — after each completed stage of construction. Buyers' payments are also protected by the Developer Guarantee Fund (Deweloperski Fundusz Gwarancyjny), which in 2026 guarantees a refund of your money in cases such as the developer's bankruptcy. It is also worth checking the clauses on the right to withdraw from the agreement and the deadline for transferring ownership.
What does the handover of an apartment from a developer look like?+
The handover is a technical inspection of the apartment recorded in a handover protocol, in which the buyer lists every defect they notice. Under Poland's Developer Act, in 2026 the developer has 14 days to respond to the protocol — no response means the defects are deemed accepted — and 30 days from the signing of the protocol to remedy the accepted defects. If the apartment has a material defect that makes normal use impossible, the buyer may refuse to accept the handover. It is worth bringing an engineer or building surveyor with measuring equipment to the handover — the cost of such a service is small compared with the value of the property. The buyer's statutory warranty claims (rękojmia) remain valid for 5 years from the handover of the unit.
A new build from a developer or a resale apartment in Warsaw — which should you choose?+
There is no single right answer — the choice depends on your budget, the location you want, and when you plan to move. The primary market offers new construction, lower running costs and no civil-law transaction tax (PCC), but often means waiting a dozen or more months for handover, plus an extra budget for the fit-out. The secondary market gives you access to central districts with mature infrastructure and lets you move in quickly, but you need to allow for the 2% PCC (unless it is your first home) and possibly a renovation. It is also worth knowing that when buying a new-build apartment from an offer presented by WellHome, the buyer pays no commission — the fee is settled by the developer, and the price is the same as buying directly from the developer. In practice, the best approach is to compare both options in a specific location and calculate the total cost, fit-out included.
How long does buying an apartment take, from reservation to the notarial deed?+
A cash purchase can be completed within 2-4 weeks of the reservation, while a purchase with a mortgage usually takes 2-3 months. The process consists of: a reservation or preliminary agreement, the bank's review of your application (by law, the credit decision is issued on the 21st day after a complete application is filed), signing the loan agreement, the notarial deed, and disbursement of the funds. In 2026, more complex cases — for example applying to several banks at once, or sorting out inheritance matters on the seller's side — can push the whole process beyond 4 months. That is why the preliminary agreement should set the deed date with a comfortable buffer for the mortgage procedure.
Selling
How long does it take to sell an apartment in Warsaw?+
In 2026, selling an apartment on Warsaw's secondary market takes around 3-3.5 months on average, with a typical range of 90-135 days from listing to transaction. Accurately priced and well-prepared apartments — with professional photos and a complete set of documents — can find a buyer in under 30 days. Overpriced listings wait the longest, and every successive price cut weakens the seller's negotiating position. Timing also varies between districts: popular apartment sizes in high-demand locations sell faster, while unusual properties and those in the top price bracket take longer. On top of that comes the time needed to finalise the deal, especially when the buyer is financing the purchase with a mortgage.
What documents do you need to sell an apartment?+
The basic set is: a document confirming how you acquired the property (a notarial deed, a court decision confirming inheritance, or a notarial certificate of succession), the number of the land and mortgage register (księga wieczysta), a certificate confirming that no one is officially registered as resident at the address, and a certificate from the homeowners' association or housing cooperative confirming there are no arrears in fees. Since 2023, an energy performance certificate has also been mandatory for every sale. If the apartment is mortgaged, you will also need the bank's statement of the outstanding balance and its written promise (promesa) to consent to removing the mortgage from the register once it is repaid. If you acquired the property through inheritance or as a gift, a certificate from the tax office confirming that inheritance and gift tax has been settled is essential — without it, the notary will not draw up the deed. For cooperative-ownership apartments, add a certificate from the cooperative confirming your right to the unit.
What tax will I pay if I sell an apartment before 5 years have passed?+
Selling an apartment before 5 years have passed — counted from the end of the calendar year in which you acquired it — means paying 19% income tax, charged on the profit (the difference between the sale price and your purchase costs plus documented improvements), not on the full sale price. The tax can be avoided thanks to the housing relief (ulga mieszkaniowa): you simply need to spend the sale proceeds on your own housing needs within 3 years — for example buying another property or paying off a mortgage. The transaction is reported in the PIT-39 tax return, filed by 30 April of the year following the sale. Changes tightening the housing relief rules have been announced for 2026, so it is worth verifying the current legislation before the transaction. This is general information, not tax advice.
Renting
Occasional lease or a standard lease — which agreement should you choose?+
An occasional lease (najem okazjonalny) protects the landlord much better, because it makes it far simpler to recover the apartment once the agreement ends. It requires three elements: the tenant's notarial declaration of voluntary submission to enforcement, the designation of a back-up address the tenant will move to in the event of eviction, and the consent of that property's owner; the agreement is concluded for a fixed term of up to 10 years and must be reported to the tax office within 14 days of the start of the tenancy. The cost of the notarial declaration is usually borne by the tenant — in 2026 it is typically a few hundred złoty. A standard lease is simpler to sign, but in the event of a dispute the landlord is bound by the full eviction procedures under the Act on the Protection of Tenants' Rights, which can take many months. On the residential rental market, the occasional lease is now the standard.
What deposit is standard, and when can the landlord keep it?+
The market standard in Warsaw is a deposit equal to one or two months' rent. The statutory limits are much higher: under a standard lease the deposit may not exceed 12 times the monthly rent, and under an occasional (najem okazjonalny) or institutional lease — 6 times. The landlord must return the deposit within one month of the apartment being vacated, after deducting any documented amounts due. Deductions may cover unpaid rent and charges as well as the cost of repairing damage that goes beyond normal wear and tear — but the tenant may not be charged for the effects of ordinary use, such as minor marks left by furniture. The basis for a fair settlement is a handover protocol with photos, drawn up both when you receive the keys and when you return the apartment.
What documents does a foreigner need to rent an apartment?+
As a rule, all a foreigner needs is: a passport or other identity document, proof of legal residence (a visa or residence card), and proof of income — an employment contract, a certificate from the employer, or bank statements for the last 3 months. Landlords often additionally ask for references from a previous landlord. Under an occasional lease (najem okazjonalny), the tenant signs a notarial declaration of submission to enforcement and designates a back-up address to move to in case of eviction — for people without family or close contacts in Poland this can be difficult, which is why some agreements with foreigners are concluded as standard leases instead. It is worth preparing the agreement in a bilingual version, so that both parties fully understand its terms.
Finance
Can a foreigner get a mortgage in Poland?+
Yes, a foreigner can get a mortgage in Poland — EU citizens are treated by banks on terms very close to those offered to Polish citizens. Non-EU nationals usually need to present a residence card (temporary or permanent) and document income earned in Poland; in 2026 banks most often expect the residence document to remain valid for at least another 6-12 months. The required down payment for non-EU clients can be higher than the standard and, depending on the bank and your residence status, ranges from 10 to 30%. The key documents are a passport, a residence card, an employment certificate, and bank statements for the last 3-6 months. This is general information, not financial advice.
What down payment is required for a mortgage?+
The standard minimum down payment in 2026 is 20% of the property's value — this follows from Recommendation S issued by the Polish Financial Supervision Authority (KNF). Most banks, however, accept 10%, provided you take out low-down-payment insurance, the cost of which either raises your monthly instalment or is paid upfront as a lump sum. The down payment does not have to be cash alone — banks also count, among other things, funds held in savings accounts or the value of a building plot you already own. Buyers without the full amount can also look into the Family Housing Loan (Rodzinny Kredyt Mieszkaniowy) with a down-payment guarantee provided by the state development bank BGK. This is general information, not financial advice.
What borrower support programs are currently available?+
The Safe 2% Mortgage program (Bezpieczny Kredyt 2%) is closed — its budget ran out at the beginning of 2024 and applications will not reopen. In 2026, the following are available: the Family Housing Loan (Rodzinny Kredyt Mieszkaniowy) with a BGK down-payment guarantee and a family repayment of PLN 20,000 on the birth of a second child and PLN 60,000 on a third, as well as the Housing Account (Konto Mieszkaniowe), which rewards regular saving towards a first home. The announced First Keys (Pierwsze Klucze) subsidy program has not been launched to date. Borrowers in financial difficulty can use the Borrower Support Fund (Fundusz Wsparcia Kredytobiorców) — up to PLN 3,000 per month for a maximum of 40 months, with partial write-off for repaying on time; the statutory mortgage payment holidays expired at the end of 2024. This is general information, not financial advice.