Let’s start by debunking the myth that half the internet feeds on: there is no state license for real estate agents in Poland. It was abolished by deregulation on January 1, 2014 (Dz.U. 2013 poz. 829) – since then, anyone can open a real estate office without an exam or course. The “licenses” that agents boast about are voluntary certificates from private industry federations – they can be valuable, but they are not a legal requirement and do not replace what truly protects the client: mandatory liability insurance, a proper contract form, and a clean contract without abusive clauses. This guide shows what the law actually guarantees, how to verify an agent in 10 minutes, and how to sign a contract when you are across the ocean – because for a seller working remotely, the agent is the number one decision.
In short: the agent must have mandatory liability insurance (min. 25,000 EUR), and a copy of the policy must be an attachment to the brokerage agreement (art. 181 sec. 3–3a of the Real Estate Management Act). The contract itself requires written or electronic form under penalty of nullity (art. 180 sec. 3) – exchanging scanned documents via email is not enough! The commission is a market matter: typically around 2–3% + VAT from the side. Recently, the law also requires no criminal record for the agent (art. 180a).
What the law really guarantees (and what it does not)
| Issue | Legal Status 2026 | Basis |
|---|---|---|
| State License | Does not exist – abolished on 01.01.2014 | Dz.U. 2013 poz. 829 |
| Who is an agent | An entrepreneur conducting brokerage activities | art. 179a ugn (t.j. Dz.U. 2026 poz. 399) |
| Liability Insurance | Mandatory, min. 25,000 EUR per event and for all events in a year; also covers persons acting under the agent's supervision; does not cover contractual penalties | art. 181 sec. 3 ugn; regulation MF (Dz.U. 2019 poz. 804) |
| Copy of the Policy | Mandatory attachment to the brokerage agreement; absence → written request with a 7-day deadline, after which you can terminate the contract with immediate effect | art. 181 sec. 3a–3b |
| Penalty for acting without insurance | Financial penalty from 2 to 5 times the average salary (imposed by the Trade Inspection) | art. 198d |
| No Criminal Record | The agent (and persons managing the company) must not have been convicted, among others, for crimes against property, economic turnover, and document credibility | art. 180a (sanction: art. 198f) |
| Access to Registers | An agent with a signed contract has statutory access to, among others, land and mortgage registers, land records, and price registers | art. 181a |
Contract Form: A Detail That Invalidates "Remote" Contracts
Art. 180 sec. 3 ugn: “The contract requires written or electronic form under penalty of nullity.” This sentence has teeth, especially for the diaspora: exchanging signed scans via email is a documentary form – meaning in this case the contract is null (and from a null contract, the agent has no right to commission… but you have no protection). Important options for distance: (1) qualified electronic signature of both parties (note: trusted profile is NOT a qualified signature under art. 78¹ KC); (2) exchange of paper copies by mail – each copy must be signed by hand (art. 78 § 1 KC); (3) an attorney in Poland who will sign on your behalf.
Commission and Contract: What to Look for Before Signing
- Rates are contractual. Market rates are usually around 2–3% of the value + 23% VAT from the contract side (1–5% is also encountered); for rentals – usually the equivalent of one month’s rent. Negotiate: the amount, the moment of payment (ideally: at the notarial deed) and what exactly is included (photos, advertisements, presentations, document preparation).
- Exclusivity is a choice, not an obligation. The law does not impose any model – an open contract (you pay whoever brought about the transaction) vs exclusivity (one agent, usually more engagement) is purely negotiable.
- Red flags from the UOKiK register of unfair clauses (rejestr.uokik.gov.pl – entries regarding brokerage have existed for years): contractual penalty for selling “bypassing the agent” long after the contract is terminated, commission due for merely entering into the contract regardless of the outcome, prohibition of self-selling one’s own apartment, automatic contract renewal. Before signing, read every clause about penalties – and remember that the agent’s liability insurance does not cover contractual penalties.
- Scope of responsibility: a professional agent checks the land and mortgage register (all sections!), legal status, and documents – an error in this area is a professional damage covered by their liability insurance. Therefore, a copy of the policy attached to the contract is not bureaucracy, but your security.
Verifying an Agent in 10 Minutes (Checklist)
The company exists and operates
Sole proprietorship: company search on biznes.gov.pl (CEIDG). Company: search in KRS (ekrs.ms.gov.pl). Check if the company is not suspended, how long it has been operating, and if the address matches. VAT contractor: white list on podatki.gov.pl.
Liability Insurance – specifics, not declarations
Request a copy of the current policy (it must be included in the contract as an attachment). Verify the coverage period and the guarantee amount (legal minimum: 25,000 EUR; reputable offices for more expensive properties have higher amounts).
Industry certificates – treat as a plus, not a pass
Voluntary licenses from industry federations (e.g., PFRN with a public register at rejestr.pfrn.pl, PPRN) indicate training and adherence to a code of ethics – it’s worth checking the number in the federation’s register if the agent uses it. However, their absence is not illegal, and their possession does not replace the policy and a fair contract. The phrase “state license” in 2026 is a warning signal in itself.
Online presence and quality of listings
Review the active offers of the office (quality of photos and descriptions = quality of service for your property), opinions from several sources, and the domain's duration. When selling remotely, ask directly about the procedure: how many presentations they do themselves, how they report, whether they handle powers of attorney and video relations.
Are You Selling or Buying from Abroad?
- The agent is your eyes on the ground – but empower them correctly: the brokerage agreement in a valid form (see above), and for the actual sales deed, you will still need an attorney with a notarized power of attorney – the entire process is described in our guide on selling an inherited apartment in Poland when you live abroad.
- Do not sign exclusivity under pressure of time during your visit to Poland. You can finalize the contract remotely (qualified signature/mail) – after calmly reading the clauses.
- Asking price ≠ value. Before believing the valuation “for the contract” (inflated to gain exclusivity), compare it with transaction data – how to do this for free and officially is shown in our guide How to value an apartment.
- Deposit and preliminary agreement – watch the provisions regardless of the agent: our guide on preliminary agreements.
Sources
| Source | Type | Status/Reliability |
|---|---|---|
| Real Estate Management Act (t.j. Dz.U. 2026 poz. 399) – art. 179a–181a, 198d, 198f | Law (act) | Verified 07.2026 (full text) |
| Deregulation Act of June 13, 2013 (Dz.U. 2013 poz. 829) – abolition of the license from 01.01.2014 | Law (act) | Verified 07.2026 |
| MF Regulation: mandatory liability insurance for agents (Dz.U. 2019 poz. 804) – min. 25,000 EUR | Law (regulation) | Verified 07.2026 |
| UOKiK: register of unfair clauses | Office (UOKiK) | Verified 07.2026 |
| biznes.gov.pl: company search (CEIDG) | Government (register) | Verified 07.2026 |
| KRS Search | Government (register) | Verified 07.2026 |
| White list of VAT taxpayers | Government (register) | Verified 07.2026 |
| PFRN Certificate Register (voluntary) | Industry organization | Verified 07.2026 |
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