Buying real estate in Poland almost always begins not with the main sales contract, but with preliminary agreement — umowa przedwstępna.
This document plays a key role in the transaction: it sets out the terms of the purchase, the price, the terms and protects both parties.

In this detailed guide we will cover:

• What is a preliminary agreement in Poland?
• when it is signed
• what must be written down
• when it is not necessary to sign it
• Do you need a notary?
• deposit and advance payment
• risks for the buyer and seller

The article will be useful for foreigners, investors and anyone planning purchase of an apartment, house or plot of land in Poland.

What is a preliminary agreement (umowa przedwstępna)

Umowa przedwstępna — is a preliminary agreement between the buyer and seller of real estate, in which the parties undertake to sign the main purchase and sale agreement (umowa przyrzeczona) in the future.

To put it simply:

👉 This is a legal promise that the transaction will take place
👉 The terms of the deal are fixed
👉 Deadlines are being set
👉 Often transmitted deposit

Once such an agreement is signed, both parties are already legally bound.

Why is a preliminary agreement necessary?

In Poland, real estate transactions rarely happen immediately. Reasons:

• buyer takes out a mortgage
• The seller needs time to leave
• documents are being checked
• the facility is still under construction
• certificates and extracts are issued

Therefore, the preliminary agreement:

✔ fixes the price
✔ "reserves" an apartment
✔ protects against failure of the parties
✔ fixes deadlines
✔ provides grounds for demanding a transaction through the court

This is standard practice in the Polish real estate market.

When signing umowa przedwstępna

A preliminary agreement is signed when:

1. The buyer has found an object and wants to secure it

To prevent the seller from selling to another.

2. The buyer takes out a mortgage

The bank requires a preliminary agreement to issue a loan.

3. The deal is postponed for a while

For example:

• The seller is waiting for a new apartment
• the facility is still under construction
• I need to collect documents

4. Purchase from the developer

Almost always, a preliminary agreement is signed first; for the developer, depending on the stage of construction, this is called a rezerwacyjna or a deweloperska agreement.

What must be included in the contract?

A good umowa przedwstępna is a document that is as detailed as possible.

Basic information of the parties

• first and last name
• PESEL or passport
• address
• marital status

Property Description

• address
• number księgi wieczystej
• square
• floor
• type of real estate
• parking, storage room, etc.

Real estate price

The following must be indicated:

• full cost
• currency (usually PLN)
• payment method
• through credit or cash

Deposit (zadatek) or advance payment (zaliczka)

A very important point.

Usually:

• 5–10% cost
• sometimes more

The difference is this article.

Deadline for signing the main agreement

For example:
“The notarial agreement will be signed by June 30, 2026.”.

Termination conditions

When can you exit a trade without penalties:

• bank loan refusal
• problems with documents
• legal defects

Transfer of the apartment

• date of handover of keys
• condition of the apartment
• Will the furniture stay or not?

Fines

What happens if:

• the buyer changed his mind
• the seller changed his mind

To sign with a notary or not to sign

There are two options.

1. Ordinary written form

The most common option.

You can sign:

• at the realtor's
• Houses
• at the agency

Pros:

• cheaper
• faster

Cons:

• It is impossible to force a sale through the courts.
• just demand compensation

2. Notarial preliminary agreement

Stronger protection.

If the seller changes his mind -
You can force them to sell the apartment through the court.

The notary makes an entry in księga wieczysta (optional).

Pros:
✔ Maximum buyer protection
✔ You can demand the transfer of real estate through the court
✔ Security for large amounts

Cons:
✖ costs money (usually 2000+ zł)
✖ Longer processing time

When a notary is required

Not required by law.
But it is recommended if:

• expensive real estate
• new building
• foreign buyer
• long period before the deal
• large deposit
• risk of seller refusal

For investors, the notarized option is almost always better.

When a preliminary agreement can be omitted

Sometimes the transaction is done directly at the notary's office.

This is possible if:

• the buyer pays in cash
• the documents are ready
• no one is expecting a mortgage
• the apartment is available
• the parties are ready immediately

But in practice this rarely happens.

Risks of improper umowa przedwstępna

Bad contract = risk of losing money.

Common mistakes:

❌ didn't check księga wieczysta
❌ there is no clause about credit
❌ deposit unconditionally
❌ no deadlines
❌ Fines are not specified
❌ Apartment debts
❌ registered residents

Before signing, it is always worth:

• check documents
• check the owner
• check mortgage
• check debts

What to check before signing

The buyer must:

Check księga wieczysta

• owner
• mortgage
• arrests
• debts

Check the seller

• is it really the owner
• spouse's consent
• powers of attorney

Check the object

• registered people
• tenants
• utility debts
• illegal redevelopment

Advice from a realtor

✔ Never sign a contract without checking the documents
✔ It would be better to add a clause about the bank's refusal
✔ Always read each point
✔ Don't pay a deposit without a contract
✔ For expensive properties, a notary is required
✔ Work with an agent or lawyer

Result

Umowa przedwstępna - one of the most important documents when purchasing real estate in Poland.
It protects both the buyer and the seller, fixing the price and terms of the transaction.

A well-drafted preliminary agreement:

• protects money
• reduces risks
• guarantees the deal
• gives legal force

If you're planning to purchase an apartment, house, or investment property in Poland, don't treat this document too formally.

It's better to spend time on the right contract than to resolve problems through the courts later.

Need help buying real estate in Poland?

We will help:

• check the apartment
• prepare umowa przedwstępna
• transaction support
• mortgage for foreigners
• real estate investments

Write to us - we will select a safe option and conduct the transaction from viewing to keys.