Buying a flat step by step — from the listing to the notarial deed

Buying a flat in Warszawa step by step: budget and creditworthiness, preliminary agreement, mortgage, land register, akt notarialny — timings and costs.

Buying a flat step by step — from the listing to the notarial deed

Buying a flat step by step is a process which — counting from the first listing to the entry in the land register — usually takes 4–8 weeks with cash and 2–4 months with a mortgage. It consists of eight stages: (1) setting the budget and checking creditworthiness, (2) searching and viewings, (3) reservation and the zadatek (earnest money, usually 5–10% of the price), (4) a preliminary agreement on the secondary market or an umowa deweloperska (developer agreement) on the primary market (an akt notarialny and an escrow account are obligatory), (5) the loan application and the bank’s decision (2–6 weeks), (6) due diligence, that is checking the księga wieczysta (land and mortgage register) and certificates of no arrears, (7) the notarial deed transferring ownership together with notarial costs (about 2–4% of the value of the property on the secondary market, including PCC at 2%), (8) the entry in the land register (a 200 zł charge) and the handover of the flat by protocol. The standard own contribution is 20% of the value of the property, and WIBOR 3M, on which the interest rate of variable-rate loans depends, stood at about 5.82% in January 2025 with the NBP reference rate at 5.75%.

How long does buying a flat step by step take?

Warszawa — illustration

The schedule depends above all on whether the transaction is financed with cash or with a loan, and on whether you are buying on the secondary market or from a developer. The table below shows indicative timings for a typical secondary-market transaction in Warszawa.

StageDuration
Budget, creditworthiness, searching2–6 weeks
Reservation and preliminary agreement1 week
Loan application and the bank’s decision2–6 weeks
Due diligence (land register, certificates)in parallel with the loan
Notarial deed1 day
Entry in the land registera few weeks – a few months
Handover of the flaton the day of the deed or when the keys are released

With cash the whole process usually closes within 4–6 weeks. With a loan a realistic timeframe is 2–4 months, because the bank needs time to analyse the application, value the property and issue a decision.

How do you calculate your budget and creditworthiness before looking for a flat?

Warszawa — illustration

Before you start viewing flats it is worth calculating two figures: how much cash you have for the own contribution and the transaction costs, and what instalment the bank will consider safe. The standard required own contribution is 20% of the value of the property (as of January 2025), although some banks accept 10% on condition of additional security. Banks calculate creditworthiness at a so-called stressed rate, that is the current interest rate increased by a buffer of about 2.5 percentage points in line with the KNF’s Recommendation S, and the sum of all instalments should not exceed 40–50% of the household’s net income.

We describe a practical way to make a first estimate of the budget and compare banks’ offers in our article on how to buy a flat with a mortgage in Warszawa. Add the notarial costs and a reserve for renovation or moving to your budget from the outset — an often overlooked but very real expense.

How does a preliminary agreement differ from a developer agreement?

Warszawa — illustration

On the secondary market you sign a preliminary agreement (art. 389 of the Civil Code) — it may take written or notarial form, and its key elements are the price, the deadline for concluding the final agreement and the character of the amount paid. The zadatek is usually 5–10% of the price and genuinely secures both parties: if the buyer withdraws they lose it, and if the seller does — they return it at double the amount. A zaliczka has no such penalty function and is always refundable.

On the primary market, that is when buying a flat from a developer, the developer act applies, which requires the form of a notarial deed for the developer agreement and an obligatory rachunek powierniczy (escrow account) — open (the bank pays the developer out in stages, as construction progresses) or closed (payment only after ownership has been transferred). That is real protection for the buyer’s payments in case the developer runs into financial trouble.

How long does the loan process take and how much does a mortgage cost?

After signing the preliminary or developer agreement you file the loan application — the bank usually analyses it for 2–6 weeks, counting the valuation of the property and verification of income. In January 2025 WIBOR 3M, the basis for the interest rate on variable-rate loans, stood at about 5.82% with the NBP reference rate at 5.75% (in force since October 2023). Adding a typical bank margin of the order of 1.9–2.3 percentage points, the nominal interest rate on variable-rate loans was then around 7.5–8% a year.

After a positive decision the bank pays the funds directly to the seller or into the developer’s escrow account, in line with the schedule in the agreement.

What has to be checked as part of due diligence — the land register and certificates?

The seller should provide the number of the księga wieczysta before the reservation — you can check the content of the register free of charge and without logging in at ekw.ms.gov.pl. It is worth going through all four sections: section I (address, floor area, share in the common property), section II (whether the owner in the register really is the person selling), section III (claims, easements) and section IV (mortgages together with the balance to be repaid). Every note about a pending application should be clarified before signing the agreement, because it may signal an approaching change of entry.

Beyond the register it is worth asking for a certificate from the housing community or cooperative confirming there are no arrears in charges, and comparing the seller’s data with the document by which they acquired the property. You will find full instructions for reading each section in the article the land and mortgage register — how to read it. It is worth checking the register twice: before the earnest money and just before the deed.

How much does the notary cost and what taxes are paid at the notarial deed?

Notarial costs when buying a flat on the secondary market are usually 2–4% of its value. The maximum notarial fee is progressive and depends on the price of the transaction (net amounts, to which 23% VAT is added):

Value of the propertyMaximum fee (net)
up to 3,000 zł100 zł
3,000–10,000 zł100 zł + 3% of the excess
10,000–30,000 zł310 zł + 2% of the excess
30,000–60,000 zł710 zł + 1% of the excess
60,000–1,000,000 zł1,010 zł + 0.4% of the excess
1,000,000–2,000,000 zł4,770 zł + 0.2% of the excess

On top of the fee comes the PCC (civil law transactions tax) of 2% of the value of the property on the secondary market — unless you are buying your first flat, because an exemption on that ground has applied since 31 August 2023. On the primary market there is no PCC, because the developer’s price already includes VAT. Added to that are the court charges: 200 zł for the entry of ownership and 200 zł for the entry of the mortgage (with a loan), and copies of the deed at about 6–7 zł net per page. You will find a full worked example in the article on the notarial costs of buying a flat. Customarily all these costs are borne by the buyer.

What happens after the notarial deed — the land register entry and the handover of the flat?

Together with the deed the notary files an application with the court to enter the new owner in the land register — the court charge is 200 zł. Examination usually takes from a few weeks to a few months, depending on how busy the land registry division is, but that does not mean you are not the owner during that time — the right of ownership passes to the buyer at the moment the deed is signed, and the entry in the register is declaratory in nature.

The final step is the physical handover of the flat: the protokół zdawczo-odbiorczy (handover protocol), meter readings, the handing over of keys and documentation. When buying from a developer, the technical handover with a list of defects takes place earlier, before the deed transferring ownership — that is a separate and important stage.

Each of these steps — from reading the land register to negotiating the terms of the preliminary agreement — can be gone through on your own, but an experienced agent shortens the search and helps you avoid mistakes when verifying documents. The allproperty team guides buyers through the whole process: from selecting listings, through checking the legal status of the property, to being present at the notarial deed — at our standard rate of 2% on the secondary market and 0% from the buyer on the primary market. If something worrying in the land register or in the schedule for the notarial deed comes up in the evening or at the weekend, you do not have to wait until Monday — we work 24/7; call +48 666 866 468 or +48 692 649 839.

Часті питання

How long does the whole process of buying a flat take, step by step?

With a cash purchase, 4–8 weeks usually pass between finding the listing and the notarial deed. With a mortgage the process stretches to 2–4 months, because the loan application and the bank's decision (2–6 weeks) are added. The entry in the land register appears after the deed, separately, within a few weeks to a few months.

What own contribution do you need when buying a flat in 2025?

The standard own contribution required by banks is 20% of the value of the property (as of January 2025). Some banks accept 10%, on condition of additional security, e.g. low-own-contribution insurance or a charge over another property. On a flat costing 500,000 zł that is 100,000 zł or 50,000 zł respectively.

What is the difference between a zadatek and a zaliczka in a preliminary agreement?

A zadatek (earnest money, art. 394 of the Civil Code) secures the agreement: if the buyer withdraws it is forfeited to the seller, and if the seller withdraws they return it at double the amount. A zaliczka (advance payment) is an ordinary prepayment, returned in full regardless of who pulled out of the transaction. The character of the payment must follow expressly from the agreement.

How much does the notary cost when buying a flat on the secondary market?

Total notarial costs are usually 2–4% of the value of the flat: the notarial fee plus 23% VAT, the PCC (civil law transactions tax) at 2% (unless the buyer benefits from the first-flat exemption), court charges for the entry of ownership (200 zł) and of the mortgage (200 zł), and copies of the deed at about 6–7 zł net per page.

What is the entry in the land register and who handles it?

It is the disclosure of the new owner in section II of the księga wieczysta — the application is filed by the notary together with the deed, and the court charge is 200 zł. The court usually examines the application within a few weeks to a few months, depending on how busy the land registry division is, but ownership passes to the buyer on the day the deed is signed.

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