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A resale flat — what to watch out for

Author: RealtyTM Team Verified Updated: 24 JulyJuly7 2026 · 3 min read
Mieszkanie z rynku wtórnego — na co uważać

The secondary market has many advantages: proven locations, an established neighbourhood and the chance to see the flat in its actual condition. At the same time it carries risks that do not occur on the primary market, above all those linked to the legal history of the flat.

In this article we show what to pay attention to when buying a second-hand flat. We discuss verifying the legal and technical status and the situation of the housing community, to help you avoid costly surprises after signing the deed.

Key takeaways
  • The basis of a safe purchase is checking the land and mortgage register and the legal status of the flat.
  • You have to verify that there is no debt, no encumbrances and no registered third parties.
  • The technical condition of the flat and the building directly affects future costs.
  • It is worth learning the situation of the community or cooperative and its renovation plans.

The most important step is analysing the land and mortgage register. Check who the owner is, whether the data matches the seller, and whether the encumbrances section shows a mortgage, an easement or other entries. The land and mortgage register also reveals warnings about ongoing proceedings.

Note the basis on which the seller acquired the flat, for example inheritance or gift, because this can carry additional risks. It is worth asking for documents confirming ownership and certificates of no arrears.

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Debt and encumbrances

A resale flat may be encumbered with debts. Ask for a certificate from the housing community or cooperative confirming no arrears in payments and the current state of utility settlements. Check that no third parties are registered as resident in the flat, because deregistering them after purchase can be problematic.

If the flat is encumbered with a mortgage, clarify how it will be repaid and removed. A safe solution is to settle the transaction in a way that guarantees repayment of the creditor and the release of the mortgage, which is worth writing into the agreement.

The technical condition of the flat

Inspect the flat thoroughly, and preferably several times, at different times of day. Check the electrical and plumbing installations, the condition of the windows, traces of damp and mould, and the quality of the heating. Note the age of the building and the condition of the stairwell, roof and facade, because this affects future renovation costs.

It is worth asking for the actual utility and heating bills from recent months. They give a real picture of the running costs that are not visible at first glance during a viewing.

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The community and the surroundings

The situation of the housing community or cooperative matters a great deal. Ask about the level of the service charges, the state of the renovation fund, planned investments and any debt of the community. A major renovation of the facade or roof can mean charge increases soon after the purchase.

Also get to know the surroundings: access to transport, shops, schools and the development plans for the area. The secondary market lets you assess the real neighbourhood, which is a major advantage over buying at the construction stage.

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Summary: thoroughness pays off

Buying a flat on the secondary market requires thorough verification. The land and mortgage register, the absence of debt and encumbrances, the technical condition and the community's health are areas that must not be skipped. Devoting time to checking these elements protects you from problems that only surface after moving in.

Frequently asked questions

How can I check a flat's land and mortgage register?
The land and mortgage register can be viewed online if you know its number, which the seller should provide. Check the owner, the encumbrances in the mortgage section, and entries about proceedings. This is the basic step in verifying the legal status before buying.
What should I do if the flat has a mortgage?
Buying a flat with a mortgage is possible, but it requires a safe settlement guaranteeing repayment of the creditor and removal of the mortgage. The details are worth describing in the agreement and consulting with the notary, to avoid taking over someone else's debt.
Do I have to check registered residence?
Yes, it is worth obtaining confirmation that no third parties are registered as resident in the flat, or that they will be deregistered before the transaction. Registered residence after purchase can be troublesome, so it is better to clarify this matter before signing the notarial deed.
How can I assess the real running costs?
Ask the seller for utility and heating bills from recent months and for information about the level of service charges to the community or cooperative. This data gives a reliable picture of the costs that are not visible during the viewing itself.
RealtyTM Team
RealtyTM Team
Editorial

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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