How does buying on the primary market differ from the secondary market?

The primary market consists of properties sold for the very first time—typically in a raw developer state and often prior to completion. Buyers benefit from brand-new utility installations, a 5-year statutory warranty, and legally protected payments. In return, they wait for construction to finish and finance the interior fitting out themselves. Choosing between new builds and resale properties usually comes down to whether you prefer auditing construction documentation or inspecting an existing building's physical wear and tear.

What should you check BEFORE choosing a specific apartment?

The first four tips focus on the apartment layout and its surroundings—features that cannot be modified after signing a contract.

1. Visit the neighborhood at different times of day

Location is the one parameter that no renovation can change. Test real commute times to work during rush hour and measure the physical walking distance to transit stops, grocery stores, schools, and health clinics. Return in the evening and over the weekend; busy roadways, industrial facilities, or lively dining venues reveal their true noise levels at varying hours.

2. Check future development plans for neighboring lots

The view outside your window on sales day is not guaranteed. The Local Spatial Development Plan (MPZP) reveals whether an adjacent parcel can accommodate a high-rise building or a heavy-traffic roadway in the future. Local municipal offices provide these plans, often via online GIS mapping portals.

3. Evaluate functional layouts and light exposure, not just square footage

Two apartments with identical square footage can differ drastically in usable wall space and hallway loss. Review floor plans carefully to verify where wardrobes, dining tables, and desks will fit. South and west-facing windows deliver maximum natural light, while north or east-facing bedrooms stay cooler during summer months.

4. Calculate total purchasing costs

An apartment's base price is shaped by location, square footage, floor level, finish standards, and estate amenities. Since July 11, 2025, developers are legally required to publish the price per square meter, total property cost, pricing for storage units/parking spaces, and all extra mandatory fees transparently on their public websites. Beyond the base price list, budget for:

• Parking spaces and storage units.
• Notary fees and official deed copies.
• Court fees: PLN 100 for establishing a land and mortgage register plus PLN 200 for ownership entry.
• PLN 200 court fee and PLN 19 PCC tax on mortgage establishment (if financing via a bank loan).
• Bank processing commissions and required mortgage insurance policies.
• Interior finishing, fitting out, and furnishing costs.
• Monthly community management maintenance fees.

There is no 2% PCC transfer tax on the property purchase itself, as primary market sales are subject to VAT (already included in the developer's price).

What to ask the developer about the investment project?

This group of tips covers the developer's corporate standing, land ownership, and financial safety mechanisms. The questions you ask evolve throughout your buying journey: start with company background and land status, then move to payment schedules and contractual penalty terms before signing.

1. Verify the developer and the land status

You can check key information across public registers without visiting a sales office.

A bank mortgage registered on the developer’s land to finance construction is standard industry practice. However, ensure you request a formal commitment letter from the bank agreeing to the unencumbered release (bezobciążeniowe wyodrębnienie) of your individual unit upon transfer.

2. Choose the construction stage mindfully

Buying at an early stage offers the widest choice of apartment layouts, but requires trust in the development firm. Renderings represent artistic concepts rather than finished buildings. Inspect previously completed projects built by the same developer and speak with current residents.

J.W. Construction has operated for over three decades, giving buyers the opportunity to inspect long-established residential estates across Warsaw, Chorzów, and Szczecin.

3. Ensure your payments are legally protected

The Polish Developer Act obligates developers to maintain an escrow account (rachunek powierniczy) for residential investments. With an open escrow account, the bank releases installment funds to the developer only after each construction milestone is verified. With a closed escrow account, funds are released only after final ownership is transferred to the buyer.

Furthermore, payments are backed by the Developer Guarantee Fund (DFG), which reimburses buyers if the developer or handling bank faces bankruptcy. Contributions to the fund are paid directly by the developer (currently 0.45% of payments for open escrow accounts and 0.1% for closed escrow accounts).

Contracts, timelines, and property handovers

These final tips cover contractual agreements. Keep in mind that a checklist works alongside a solid understanding of the buyer's process. Buying a new build step-by-step includes reservation, developer contract, technical handover, and final ownership transfer—each with distinct legal deadlines.

1. Read the developer contract carefully before the notary appointment

A developer contract (umowa deweloperska) is executed as a formal notary deed, and your purchase claim is entered into the land and mortgage register. Request a draft in advance and verify:

• Total final price and installment payment schedule.
• Specified premises area and how post-construction survey variances are financially settled.
• Finishing standards described using precise technical materials rather than vague generalizations.
• Construction completion deadline and final ownership transfer deadline.
• Contractual penalties for delays applicable to both parties.
• Designated parking space and storage unit descriptions, including individual costs and legal ownership form.
• Interest charges for buyer payment delays cannot legally exceed contractual penalties set for developer delays.

2. Prepare for potential timeline shifts

Construction delays can occur due to weather conditions, material supply chain shifts, administrative processing times, or contractor shortages. Build a buffer between your contractual delivery date and the termination of a current rental lease or resale of an existing home.

If the developer fails to transfer ownership within the agreed period, the law allows buyers to grant an additional 120-day cure period. If that period expires without resolution, you hold the legal right to rescind the contract while retaining claim to contractual penalties.

3. Conduct a thorough technical handover with a formal protocol

The technical handover (odbiór techniczny) is your opportunity to catch physical defects before interior finishes conceal them. Pay close attention to:

• Plumb line of walls, right angles, and floor screed levelness.
• Window installation, seals, and glass pane integrity.
• Electrical, plumbing, and heating installations.
• Ventilation airflow.
• Layout alignment with contract floor plans.

Log every single defect into the official written protocol. The developer has 14 days to respond to noted defects and 30 days from protocol signing to rectify accepted issues. In cases of significant defects (wada istotna), you hold the legal right to refuse handover acceptance. Hiring a qualified building inspector equipped with specialized testing tools minimizes the risk of missing hidden flaws.

What should you do after accepting the apartment keys?

Statutory warranty (rękojmia) covers physical defects in both individual apartments and common area building elements for 5 years. Any defects discovered after moving in should be formally reported in writing. Before starting interior finishing work, obtain technical schematics showing in-wall utility routing to avoid drilling into electrical wires or pipes.

Statutory warranties do not cover accidental fires, plumbing leaks, or theft. Secure home insurance coverage from the day you receive the keys; for mortgaged properties, lenders mandate building structural insurance assigned to the bank. During interior work, check that your policy covers accidental damage during renovations. Specific coverage options exist for properties actively undergoing finishing work.

FAQ – Frequently Asked Questions

Is it worth buying a primary market apartment?

Yes, if you value modern building technologies, 5-year statutory defect warranties, and payment protection secured by escrow accounts and the Developer Guarantee Fund (DFG). However, you must budget for interior finishing costs and wait out construction periods for uncompleted projects.

What is the step-by-step process of buying a primary market apartment?

First, research the property development and prospectus. Next, sign a reservation agreement, followed by a formal developer contract at a notary office, and pay installments into an escrow account according to construction progress. Once construction finishes, accept the property via an official technical handover protocol and sign the final ownership transfer deed.

What needs to be done after purchasing a primary market property?

After signing the ownership transfer deed, the court registers you as the owner in the land register. Within 14 days, file the IN-1 property tax form with the local municipal office. Next, purchase home insurance, set up utility provider accounts, and begin interior finishing work.

What is the transfer tax when purchasing a new build apartment?
Primary market purchases are exempt from the 2% PCC property transfer tax because the sale includes VAT (8% for apartments up to 150 m²). For bank-financed purchases, a minor PLN 19 PCC tax applies to the formal establishment of the bank's mortgage.