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Loan agreement and borrower rights

Developer agreement (umowa deweloperska): meaning in a Polish mortgage

In Polish: Umowa deweloperska
This is the word you will see in bank documents.

Definition

A developer agreement (umowa deweloperska) is a contract in which the developer undertakes to build a flat or house and transfer ownership to you, while you pay the price in instalments. It is signed as a notarial deed. It is governed by the act of 20 May 2021, commonly called the developer act.

What it means for you

When you buy a flat under construction with a mortgage, you pay the developer before you get ownership. The developer agreement and the escrow account protect this money, and the payment schedule in the agreement must match the mortgage tranches. The bank checks the agreement or its draft before its decision.

Full entry in Polish, with a worked example and sources

Frequently asked questions

Who pays the notary for a developer agreement?

The developer and the buyer half each, under article 40 of the developer act. This covers the notary's fee and court costs for this agreement.

How does a developer agreement differ from a preliminary agreement?

A developer agreement concerns a flat under construction and has content required by the act, including an escrow account. A developer usually signs a preliminary agreement when the building is already finished.

Can I withdraw from a developer agreement if I do not get a mortgage?

Only if the agreement provides for it. The act does not give this right directly, so agree a clause on withdrawal without penalties after a mortgage refusal before signing.

Definitions are simplified and reflect Polish law and bank practice as of October 2026. Details

Where every word matters, the Act and your loan agreement decide. Figures in examples are indicative and are not a bank offer. The Polish version of each entry has worked examples and sources.