How to buy a flat step by step
To buy a flat, work through five stages in order: set your budget and check your creditworthiness, choose the property, verify its legal status in the land and mortgage register, secure financing and sign the notarial deed that transfers ownership. Each stage has its own pitfalls, which is why it pays to understand the whole process before you pay out a single zloty.
In this guide we take you from the first decision to buy all the way to collecting the keys. We explain which documents to prepare, what to watch out for in a developer contract and on the secondary market, and how to avoid overpaying on costs that are easy to forget.
- Buying a flat is a multi-stage process: setting the budget, choosing the property, checking the legal status, financing and signing the notarial deed.
- On top of the flat's price you add extra costs: the notarial fee, PCC or VAT, court fees and agents' commissions.
- You check a property's legal status in the land and mortgage register - the basic step that protects against claims and debts.
- It pays to establish your creditworthiness and down payment before you start viewing listings, so you search within a realistic price range.
- The preliminary contract and the deed transferring ownership are signed at a notary; it is the notary who is responsible for the safety of the transaction.
Where do you start when buying a flat?
Buying a flat starts not with browsing listings, but with an honest assessment of your own financial capacity. Before you fall in love with a particular property, it pays to know how much you can realistically put towards the purchase price as well as the additional costs, which can amount to several percent of the property's value.
At this stage you answer three questions: how much do I have saved for the down payment, what monthly instalment can I afford to repay, and am I buying with cash or with a mortgage. The answers will define the price range in which it makes sense to search.
How do you set your budget and check creditworthiness?
The budget for a purchase is not just the price of the flat. It is the sum of the price, transaction costs and any renovation and furnishing. If you finance the purchase with a mortgage, creditworthiness is key, that is the bank's estimate of what instalment you can repay given your income and liabilities.
Down payment and savings
Banks usually require a down payment of roughly around 10-20% of the property's value, depending on the bank and the borrower's situation. Beyond the down payment, it pays to have a reserve for around-purchase costs and the first expenses after moving in.
Assessing creditworthiness
Creditworthiness is affected by income, form of employment, number of dependants, other loans and card limits, and your history at BIK (the Credit Information Bureau). Before you apply, it pays to check your report at the Credit Information Bureau and settle any small arrears that may lower your score.
Primary or secondary market - which to choose?
The choice between a new flat from a developer and a property on the secondary market depends on your priorities. Each option has different legal, tax and practical consequences.
- Primary market: a flat from a developer, usually in developer standard awaiting fit-out; the purchase involves a developer contract and the protection provided by buyer-protection rules.
- Secondary market: a used flat, often ready to move into; it requires a thorough check of its technical and legal condition as well as the property's history.
On the primary market VAT is usually added to the price, while on the secondary market the transaction is usually subject to the PCC tax (tax on civil-law transactions). It pays to factor these differences in at the budget-planning stage.
How do you check a flat's legal status?
Before you pay a deposit, check who really owns the property and whether it is encumbered. The basic tool is the land and mortgage register, kept in line with the Act on Land and Mortgage Registers and Mortgages. In it you will find data on the owner, the floor area, mortgages and any third-party claims.
On the secondary market it also pays to ask for a certificate confirming there are no arrears in payments to the housing community or cooperative, and a certificate confirming no one is registered as resident. For a cooperative ownership flat, you additionally check the property's legal status within the cooperative.
How do the preliminary contract and notarial deed work?
Once you have chosen a property and agreed a price, the next step is usually a preliminary contract. It secures the transaction while formalities are handled, for example obtaining a mortgage. The contract sets out the price, the deadline for concluding the final contract, and the amount of the deposit (zadatek) or advance (zaliczka).
Deposit versus advance
These are two different mechanisms. As a rule the deposit (zadatek) is forfeited to the seller if the buyer withdraws without cause, and in the reverse situation the seller returns it in double. An advance (zaliczka), by contrast, is usually simply returned. It pays to choose consciously which form to use.
The deed transferring ownership
Ownership of a property is transferred solely in the form of a notarial deed. The notary checks the documents, the identity of the parties and the land and mortgage register, collects the due taxes and fees, and files an application to enter the new owner into the land and mortgage register.
How much does buying a flat cost beyond the price?
Additional costs can surprise first-time buyers. The table below shows the most important items to keep in mind when planning your budget.
| Item | Who it applies to | Nature |
|---|---|---|
| Notarial fee | Every purchase | Depends on value, with a statutory cap |
| PCC tax | Usually the secondary market | Percentage of the transaction value |
| VAT | Usually the primary market | Usually included in the developer's price |
| Court fees | Entry into the land and mortgage register | Fixed fee |
| Agent's commission | When you use an agency | Percentage or amount agreed in the contract |
On top of this come mortgage costs, such as the bank's commission, insurance and the property valuation. We discuss the detailed list in a separate article on purchase costs.
What should you do at handover and after the purchase?
After signing the notarial deed, practical formalities remain. On the primary market you take over the flat via a handover protocol, in which you note any defects for the developer to fix. On the secondary market it pays to record the meter readings and hand over a full set of keys.
Next you transfer the utility contracts, notify the housing community or cooperative of the change of owner, and update your details at the office for property-tax purposes. If you bought on the secondary market, you usually file the return and pay the PCC tax yourself, unless the notary does it for you.
Summary: how to buy a flat smoothly
A successful flat purchase is the result of a series of considered steps, not one quick decision. Start with a realistic assessment of your budget and creditworthiness, and only then view listings. Always check the legal status in the land and mortgage register and do not skip the additional costs.
Handle the key formalities - the preliminary contract and the notarial deed - at a notary, who safeguards the transaction. If you finance the purchase with a mortgage, plan the schedule so the bank's decision is ready before the deadline for the final contract. That way you will move through the whole process calmly and without costly surprises.
Frequently asked questions
How long does the whole flat-buying process take?
Do I have to use an agent?
Who pays the notarial fee?
Is the deposit always forfeited?
Which matters more: the preliminary contract or the notarial deed?
The RealtyTM editorial team prepares guides based on Polish market data and current regulations. Content is reviewed by our subject editors.
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