How to check a developer in Poland before you buy
Check a Polish developer before you pay: KRS, building permit, land register (EKW), escrow account, guarantee fund, prospectus, track record and red flags.
8 min read ·
Havkey editorial teamBefore paying a Polish developer anything, check six things: the company in the National Court Register (KRS), the building permit, the land register of the plot, the type of escrow account, cover by the Developer Guarantee Fund, and the developer’s completed projects. Most of the answers are in the information prospectus the developer must give you, and nearly all of them can be confirmed free of charge in public registers online.
1. The company: KRS or CEIDG
Search the developer in the KRS by name, KRS number or tax number (NIP). Look at:
- the registration date and share capital;
- who sits on the management board and who may sign on the company’s behalf;
- any entries on liquidation, bankruptcy or restructuring.
Many projects are carried out by a special purpose company (spółka celowa) owned by a larger group. That is normal, but find out who stands behind it. Financial statements are published in the RDF repository; on request, the developer must also let you see its statements for the last two years and, for a special purpose company, those of its parent. Insolvency and restructuring proceedings are listed in the National Register of Debtors (KRZ). A developer that is a sole trader appears in CEIDG instead of the KRS.
2. The building permit (pozwolenie na budowę)
The prospectus must state whether there is a building permit, whether it is final (ostateczne) and whether it has been challenged (zaskarżone), along with its number and the issuing authority.
- Final means no further appeal is possible within the administrative procedure. A final permit can still be challenged before an administrative court, so “final” is not the same as “beyond dispute”.
- Permits issued since 2016 can be found in the public RWDZ search run by GUNB, by number, location or plot.
- On request, the developer must let you see the permit and the building design at its office.
3. The land register (księga wieczysta)
Enter the land register number on ekw.ms.gov.pl; viewing is free. The register has four sections:
| Section | What to check |
|---|---|
| I | Location and plot numbers match the project |
| II | Owner or perpetual usufructuary (użytkowanie wieczyste) is the developer |
| III | Restrictions, buyers’ claims, easements, enforcement entries |
| IV | Mortgages, typically for the bank financing construction |
Also look for pending entries (wzmianki), which signal applications not yet decided. A bank mortgage on the plot is common. In that case the developer must have the bank’s consent, or a commitment to consent, to release your apartment from the mortgage once you have paid in full. This document is attached to your agreement, and without it you may withdraw. For a section-by-section walkthrough with the entries that should worry you, see how to read a land register online.
4. The escrow account (mieszkaniowy rachunek powierniczy)
Every development agreement comes with an escrow account at a bank. There are two types:
| Open account | Closed account | |
|---|---|---|
| When the developer gets the money | In stages, after the bank checks construction progress | Only after ownership is transferred to you |
| DFG contribution paid by developer | 0.45% of each payment | 0.1% of each payment |
| If the developer goes bankrupt and the project stops | The Guarantee Fund refunds your payments | Your money is still in the account |
| If the escrow bank fails | The Guarantee Fund covers what the Bank Guarantee Fund does not | The same |
Pay only to the escrow account number stated in your agreement, never to the developer’s ordinary account. The bank records payments separately for each buyer and must give you details on request. The account’s costs are borne by the developer and cannot be deducted from your money. What each type means for your money, and what to check in the agreement, is explained in open or closed escrow account.
5. Are your payments covered by the Developer Guarantee Fund (DFG)?
The Fund, managed by the Insurance Guarantee Fund (UFG), covers sales that began on or after 1 July 2022. It refunds payments made into an open escrow account if, among other cases, the developer goes bankrupt and the project is not continued, or you lawfully withdraw and the developer does not repay you within 30 days. If the escrow bank fails, the Fund covers what the Bank Guarantee Fund does not. According to UFG, the law sets no upper limit on the refund. The developer, not the buyer, pays the contribution.
6. The information prospectus (prospekt informacyjny)
The developer must deliver the prospectus free of charge, on paper or another durable medium, before any reservation or development agreement. It becomes part of the agreement. It includes:
- up to three completed projects, with start dates and occupancy permit dates;
- whether enforcement proceedings over zł 100,000 have been or are being conducted against the developer;
- land, permit and escrow details and the construction schedule;
- planned public investments within 1 km, such as roads or rail lines.
If the agreement does not match the prospectus, or the prospectus was not delivered or contains false information, you can withdraw within 30 days of signing. Since July 2025 developers must also publish the price per m² of each apartment on their website, with the date of every price change.
7. Has the developer finished projects on time?
Visit the developer’s completed projects. Compare the promised completion dates with the dates of the occupancy permits, talk to residents if you can, and search the news for delays or disputes. An absence of completed projects is not disqualifying in itself, but it raises the bar for every other check.
What are the red flags when buying from a developer?
- A request to pay to an ordinary account, in cash, or “outside the agreement”.
- No prospectus, or a prospectus handed over only at signing.
- A reservation fee above 1% of the price.
- No bank consent to release the apartment from the mortgage.
- A permit that is not final or has been challenged.
- A land register that names another owner, or contains enforcement entries.
- An ordinary written preliminary agreement offered instead of a notarial development agreement for an unfinished building.
- A price in the agreement that differs from the one published on the website.
- Pressure to sign today.
How Havkey’s trust levels map to these checks
Havkey shows a trust level on each developer and project. The full methodology, including who does the checks, is described in how Havkey verifies developers and projects. From level 1 up, the trust badge shows the date of the check, and levels cannot be bought: paid promotion is handled separately and labelled as advertising.
| Level | What it means | Which checks above it covers |
|---|---|---|
| 0 Declared | Data from public sources or the developer, not verified | None yet |
| 1 Confirmed by developer | Company registered in the KRS, agreement signed with Havkey; data supplied by the developer | Step 1 |
| 2 Documents checked | Building permit, land register and registry extracts reviewed; valid for 180 days | Steps 1–3 |
| 3 Verified on site | Site visit with dated, geotagged photos and progress compared with the schedule; valid for 90 days | Steps 1–3 plus the construction site itself |
When a level expires it is downgraded until the check is repeated. Havkey is a catalogue, not a seller or broker, and does not guarantee developers. The escrow account, the prospectus and your agreement remain for you to review with a notary or lawyer.
Sources
Questions
How do I check a developer’s land register online?
Take the land register number from the prospectus, in the format XXXX/00000000/0, and enter it on ekw.ms.gov.pl. Viewing is free. Check that the developer is the owner or perpetual usufructuary, and read sections III and IV for claims, pending entries and mortgages.
What is the difference between an open and a closed escrow account?
With an open account, the bank releases your money to the developer stage by stage after checking construction progress. With a closed account, the developer receives the money only after ownership has been transferred to you. Payments into an open account are additionally covered by the Developer Guarantee Fund.
What does the Developer Guarantee Fund cover?
It refunds payments made into an open escrow account if, for example, the developer goes bankrupt and the project is not continued, or you lawfully withdraw from the agreement and the developer does not repay you within 30 days. It also covers part of the loss if the escrow bank fails. The developer pays the contribution.
Is it enough that the developer has a building permit?
Not quite. Check that the permit is final (ostateczne) and whether it has been challenged in court (zaskarżone). The prospectus must state both. A final permit can still be challenged before an administrative court, which can delay or stop construction.
What does a Havkey trust level mean?
It shows what Havkey itself has checked and when: from level 0 (declared data) to level 3 (verified on site, valid for 90 days). Levels cannot be bought. A trust badge does not replace your own review of the agreement, the prospectus and the escrow account with a notary or lawyer.
This guide is general information based on the law as of 14 October 2026. It is not legal advice. Before signing, have the agreement and documents reviewed by a notary or a lawyer.
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