For buyers
Buying a flat in Warsaw: the whole road from budget to keys
A cash purchase normally closes three to five weeks after you find the flat; with a mortgage it takes two to four months. The road has seven steps and only one of them is irreversible — the second to last, at the notary.
Legal status as of October 8, 2026
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What you need before you start viewing
- A total budget, not just a price — add roughly 1–4% for tax, notary and court. The itemised bill is in a separate article on the costs of buying.
- The down payment in your account if you are borrowing — 20% of the price as standard, some banks go down to 10% with extra insurance.
- A preliminary credit decision, or at least a calculated borrowing capacity. Without it, viewing flats is guesswork and sellers do not take your offer seriously.
- ID and a PESEL number. A foreigner without one will be given an identification number by the notary, but settle this before the signing date.
- An account at a Polish bank — a transfer of the price from a foreign account can be held for several days, and the signing date will not wait.
- Your spouse's consent if you have joint property, or the deed of separation if you are buying alone.
Seven steps
- 01
Budget and borrowing capacity
The number first, the flats second — not the other way round. The bank calculates capacity from income, existing debt and dependants, and what comes out is a loan amount, not a purchase amount: on top of it go the down payment and the transaction costs.
A preliminary bank decision is usually valid for 30–60 days. Do not take it too early — it will lapse while you are still looking.
- 02
Market, district, type of flat
The primary market means no 2% transfer tax, but usually a bare shell and a wait for handover. The secondary market means a finished flat, but 2% tax and a technical condition to check. The district drives the price per square metre harder than size and standard combined.
Before you rule a district out on reputation, check the median price per square metre — the neighbouring district is sometimes ten-odd per cent cheaper with the same commute.
- 03
Viewings
A viewing is for what photos do not show: light at that hour, what you hear with the window open, the state of the stairwell and the lift, signs of flooding in the basement. Ask about the monthly charge to the building community and about planned renovations at the start, not at the end.
Ask for the land register number during the viewing. A seller who will not give it is a signal in itself.
- 04
Checking the legal status
This is the step you must not move behind the preliminary contract. The land register shows who owns the flat, whether there is a mortgage, an easement or a registered claim, and whether enforcement proceedings are under way. Debt to the building community and registered residents are checked separately.
The register is free to read at ekw.ms.gov.pl once you have the number. Sections III and IV are the ones that kill most deals.
- 05
Preliminary contract and deposit
The preliminary contract reserves the flat for the time the bank needs. The deposit is usually 5–10% of the price. The difference between a zadatek and a zaliczka is fundamental: if the deal falls through because of the seller, a zadatek comes back doubled, while a zaliczka comes back exactly as paid.
A preliminary contract before a notary costs more but gives you the right to have the court compel the other side to sign. A contract on a plain sheet of paper gives you damages only.
- 06
Mortgage and notarial deed
After the preliminary contract the bank values the flat and issues its final decision — usually three to six weeks. Then comes one day at the notary: signing the transfer of ownership, paying the price, filing the application for the land register entry. The notary collects the tax and the court fees at signing.
Bring ID, the account number for the transfer and proof of the deposit. Read the draft deed the day before, not at the table.
- 07
Handover and switching the utilities
At handover you record the meter readings and receive the full set of keys, remotes and garage cards. Then you transfer electricity, gas and internet, and notify the building community and the district office of the change of owner for property tax.
The ownership entry in the land register arrives weeks or months later. You own the flat from the deed, not from the entry — but the entry is needed to sell it and to borrow against it.
How long it really takes
In cash: three to five weeks from choosing the flat to the deed. The longest part is the seller gathering certificates — no arrears with the building community, who is registered as resident, and with a mortgaged flat, the bank's undertaking to discharge it.
With a mortgage: two to four months. That is the bank's final decision with the valuation (three to six weeks), the notary appointment and the release of funds. The bank transfers the price after the deed, not before, and that is normal — the seller receives the money within a few working days.
The usual cause of delay is not financial but administrative: a missing certificate, an unsettled inheritance from a previous owner, or a mortgage nobody discharged after a loan was repaid years ago. All three are visible in the land register and in the documents — which is why step four comes before step five.
New-build or second-hand in Warsaw
From a developer there is no transfer tax, because VAT is already in the price. In exchange the flat usually comes as a bare shell, and fitting it out is a real cost of several hundred zloty per square metre and up, plus a few months. Compare the price after fit-out, not the price on the list.
Second-hand, the flat is finished and often furnished, but 2% tax applies — unless it is your first flat, in which case the exemption in force since 31 August 2023 removes it entirely.
A third route few people consider at the start: a second-hand flat in a building a few years old. It is finished, has modern services and a garage, and costs less than the same floor area in the development going up next door.
What we check in the land register
Section I describes the property: location, floor area, ancillary rooms and the share in common property. This is where you find out whether the cellar and the parking space really belong to the flat, or are a separate right, or merely an arrangement between neighbours.
Section II is the owner. It has to match whoever signs — and in an inheritance case, match the court order or the notarial certificate of inheritance. A flat with an unsettled estate can be bought, but the estate has to be settled first, and that is not a matter of a week.
Section III holds rights and claims: easements, life tenancy, a warning about enforcement, a claim for transfer of ownership. Section IV holds mortgages. A mortgaged flat is bought routinely — the money then goes in two transfers, one to the seller's bank to repay the loan and the rest to the seller — but the bank's undertaking to discharge it is required.
The public credibility of land registers protects a buyer acting in good faith, but it does not cover what is not in the register: debt to the building community, unpaid charges or registered residents. That is what the separate certificates are for.
The money that is not in the listing
On top of the price: 2% transfer tax on the secondary market (zero on a first flat), the notary fee — halved for a residential unit against the maximum table — 200 zł for the ownership entry, 200 zł for the mortgage entry, 100 zł to open a new register and 19 zł of tax on the mortgage if you borrow.
Then the items no table lists: the valuation for the bank, the property insurance the bank requires, the bank's own commission, and with a flat that needs work, the work. The usual buffer beyond the price is 1–4% for the transaction, and separately whatever the fit-out costs.
The full bill, with a worked example for a flat at 900,000 zł, is in the article on the costs of buying.
If you are not a Polish citizen
No ministry permit is needed to buy a self-contained residential unit, whatever your citizenship. The restrictions apply to land and houses, not to flats in a multi-family building.
What tends to be harder is the mortgage: banks look at the type of residence permit, how long you have worked in Poland, and a credit history in the national register that a recent arrival simply does not have. Some banks require a larger down payment from a non-EU buyer.
The details — which documents, when a permit is in fact required, and what happens with land — are in the separate article on buying property as a foreigner.
If you are buying to let
Yield is calculated from the price including transaction costs and fit-out, not from the asking price, and after deducting the community charge, property tax and vacancy. One month without a tenant per year is 8% off the income.
Private letting is taxed at a flat rate: 8.5% of revenue up to 100,000 zł a year and 12.5% above that. The flat rate is charged on revenue, so you cannot deduct costs — which changes the arithmetic on a flat that needs spending.
An occasional-lease agreement gives the owner a workable eviction route and is a completely different construction from an ordinary tenancy. We have described it separately — worth reading before you buy, not before your first tenant.
Where it usually goes wrong
A deposit paid before the land register was read. If the seller turns out not to be the sole owner, or a claim is registered against the flat, getting the money back can mean going to court.
A preliminary contract on plain paper in a mortgage deal. If the seller changes their mind, without notarial form you cannot demand that the final contract be signed — you are left with damages, which is another lawsuit instead of a flat.
A preliminary deadline set to the optimistic mortgage scenario. If the bank is late, the buyer loses the deposit over something that was not their doing. Set the deadline with slack and with a clause covering a refusal of credit.
Taking it on trust that the parking space and the storage room are included. They are sometimes a separate share in a different register and a separate deed — and therefore a separate notary bill.
Frequently asked questions
How long does buying a flat take, from viewing to keys?
In cash, usually three to five weeks; with a mortgage, two to four months. The longest single stage is the bank's final decision with the valuation — three to six weeks.
Do I lose the deposit if the bank refuses the mortgage?
It depends entirely on what the preliminary contract says. With no clause covering a refusal, the deposit stays with the seller. With one, it comes back — which is why that single clause is worth reading twice.
What is the difference between a zadatek and a zaliczka?
If the deal fails because of the seller, a zadatek comes back doubled; if because of the buyer, it is forfeited. A zaliczka comes back as paid in both cases. The word used in the contract has legal effect, so which one is written there is not a detail.
Can I buy a flat that has a mortgage on it?
Yes, it is common. You need the seller's bank to undertake to discharge the mortgage once repaid, and the price goes in two transfers: part straight to the bank to clear the loan, the rest to the seller.
When do I become the owner — at the deed or at the register entry?
At the notarial deed. The land register entry is declaratory and arrives weeks or months later, but it is needed for the next sale and for borrowing.
Does a foreigner need a permit to buy a flat in Warsaw?
Not for a self-contained residential unit, whatever the citizenship. The ministry permit concerns land and houses. The details are in the article on buying property as a foreigner.
How big is the down payment?
20% of the price as standard. Some banks accept 10% with insurance of the low contribution, which raises the instalment. The down payment is separate from the transaction costs — banks do not lend against those.
Do I have to use an agent?
There is no obligation. An agent earns their place where checking the legal status, negotiating and holding the deadlines would be a full-time job for you — and where you do not live in Poland and cannot attend viewings.
This text describes the legal position as of the date above and is informational — it does not replace legal advice on a specific case. If your situation differs from the one described, write to us or consult a lawyer.
See also
Still have a question?
Write to us — we answer specific questions specifically, even if you are not looking for a flat yet.
We call back every day, 10:00–18:00We speak English