Property disputes in Poland – do you always have to go to court?

Buying or owning a house, apartment or plot of land in another country can be a good investment, but it may sometimes involve issues that require careful preparation. It is worth addressing them in advance so that the entire process can proceed as smoothly as possible and without unexpected complications. It is important to know exactly what to check before buying a property to avoid undisclosed legal or physical defects. If a dispute has already arisen, going to court is not always the only or the best way to resolve it. In this article, you will learn how to identify the problem step by step and effectively protect your interests in Poland.

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TL;DR – Key information about property disputes in Poland

• Key point: A property dispute in Poland does not necessarily have to go to court. Mediation and negotiation can save both time and money.
• In practice: Resolving a dispute amicably may significantly reduce the time needed to reach a resolution compared with court proceedings that can last for several years.
• Who is this for? Swedish investors, property owners and buyers in Poland who want to protect their capital.
• Outcome: A secure transaction, protection against legal defects and an efficient resolution of disputes without tying up the value of the property.
• Last updated: 10 October 2026.

How can you resolve a property dispute in Poland without going to court?

In the Polish legal system, court proceedings concerning real estate can involve multiple stages and take considerable time. Before deciding to initiate formal proceedings, it is worth considering an amicable approach, which in many cases may lead to a faster and more cost-effective resolution. Below is the typical sequence of steps taken before court proceedings are initiated.

Review of documentation and verification of the legal status

Any dispute strategy should be based on a thorough review of the available documentation. Developer agreements, sale agreements, handover protocols and entries in the Land and Mortgage Register should be carefully examined. Reviewing the agreements makes it possible to determine whether the other party has in fact failed to properly perform its obligations. At this stage, it is also important to assess which evidence would be crucial if the dispute ultimately proceeded to court.

Further information is available here:

• Chambers – Litigation 2026: Polish procedures and pre-action considerations.
• European e-Justice – burden of proof and taking evidence in Poland.

Pre-litigation letter seeking an amicable resolution

A formal pre-litigation demand for payment or performance of the agreement is often the first formal step towards resolving the dispute amicably. A well-drafted letter clearly sets out the claim, its legal basis and a deadline for resolving the matter amicably. Receipt of such a letter often prompts the other party to enter into negotiations, potentially opening the way to a prompt settlement.

You can read more about this here:

• Land registers in Poland – European e-Justice Portal 
• Land and Building Register (EGiB) – Geoportal Poland 
• How to bring a case to court in Poland – European e-Justice Portal 

Commercial and civil mediation

Mediation conducted under the Polish Code of Civil Procedure is a confidential process in which an independent mediator helps the parties reach an agreement. Once approved by the court, a settlement reached before a mediator has the same legal effect as a settlement concluded before a court. Mediation can also play an important role in property disputes. It is particularly useful where the parties wish to maintain good business relations or avoid publicity.

Securing claims and, ultimately, taking the case to court

If negotiations and mediation are unsuccessful, it may become necessary to bring the case before a court. An application for interim relief may be filed together with the statement of claim or even before the statement of claim is filed, for example by seeking a prohibition on the sale or encumbrance of the property. Such a prohibition is entered in the Land and Mortgage Register in the form of a warning. This form of interim relief consists of a court-imposed prohibition on the sale or encumbrance of the property, with the prohibition being entered in the Land and Mortgage Register.

Worth reading:

• European e-Justice – interim measures and securing assets in Poland.
• European e-Justice – enforcing judgments and settlements in Poland.

What should a Swedish investor check before buying property to avoid a dispute?

The best way to avoid a property dispute is to carry out thorough due diligence before signing any documents. Many problems arise when buyers place too much reliance on assurances given by the seller or developer. Understanding the Polish legal and procedural framework can help identify and reduce risks at the transaction preparation stage.

The table below compares preventive measures with the potential consequences of failing to carry out appropriate checks:

Review of the Land and Mortgage Register and exemption from the permit requirement for EEA citizens

One of the key elements of reviewing the legal status of a property is checking the relevant court registers. The Land and Mortgage Register contains information about the owner, the exact area of the property, registered servitudes and mortgage encumbrances. It is worth highlighting an important formal point: as a Swedish citizen (and therefore a citizen of a country belonging to the European Economic Area, EEA), you do not need a permit from the Polish Ministry of the Interior and Administration to purchase an apartment, house or plot of land in Poland. Many guides for foreign buyers unnecessarily raise concerns about this procedure, as they refer to permit requirements applicable to third-country nationals. Swedish citizens enjoy freedom to acquire real estate in Poland, which considerably simplifies the transaction. However, agricultural property may be subject to separate restrictions under the Polish Act on the Formation of the Agricultural System, which also apply to Polish buyers.

Physical and legal defects and statutory warranty liability under the Polish Civil Code

If structural defects or previously undisclosed legal encumbrances come to light after the purchase of a property, the buyer may have claims under the statutory warranty provisions. Under the Polish Civil Code (Article 556 et seq.), the seller is liable for defects that reduce the value or usefulness of the property. Depending on the nature and extent of the defects, the buyer may be entitled to request that the defect be remedied, seek a reduction in the purchase price or, in serious cases, withdraw from the agreement. It should be remembered, however, that the scope of statutory warranty liability may also depend on the status of the parties and the terms of the agreement. For this reason, a careful review of the contractual provisions is particularly important in transactions between entrepreneurs.

Further information is available here:

• DLA Piper – seller’s liability for physical and legal defects; see the Poland section.
• Chambers – Poland Real Estate 2026: law and practice.
• DLA Piper – title, encumbrances and public-law checks for Polish property.

Advantages and disadvantages of settlement in property disputes

Choosing between a settlement and pursuing a court judgment requires a careful business assessment. Although many clients may initially seek an outright victory in court without making any concessions, in practice an amicable resolution of the dispute may often prove significantly more advantageous from both a financial and operational perspective.

Saving time and avoiding the freezing of capital

One of the main advantages of a settlement is that it brings the dispute to an end. Court proceedings involving real estate can take several years. During this time, the property may be subject to interim relief, for example in the form of a prohibition on its sale, which may prevent the owner from disposing of it. Reaching a settlement quickly can release frozen capital and allow it to be reinvested in income-generating assets.

Concessions and compromise – balancing legal risk

The main disadvantage of a settlement is that each party will usually have to give up part of its original claims. By its very nature, a settlement involves mutual concessions. However, it is worth asking: is it better to receive 80% of the amount claimed today, or to pursue 100% through four years of court proceedings while incurring the costs of experts and legal representation? Assessing this trade-off is a key element of professional legal advice.

Worth reading:

• European e-Justice – finding a mediator in Poland.
• European Commission – cross-border legal costs, mediation and access to justice.
• European Commission – out-of-court resolution of consumer–trader complaints.

FAQ – Frequently asked questions about property disputes in Poland

What else should you know about property disputes?

Before entering into an agreement, you should review the Land and Mortgage Register, the technical condition of the property, the Local Spatial Development Plan, the municipality’s general plan, any decision on development conditions, and the relevant building permits. For Swedish investors, a tax review covering the tax on civil law transactions (PCC), VAT and the taxation of future rental income is also important. Comprehensive legal, technical and tax due diligence can help identify risks before they lead to a costly dispute.

Once a defect or irregularity has been identified, you should preserve the relevant agreements, correspondence, photographs and technical documentation, and then submit your claims to the seller or developer. A prompt legal assessment can help determine what claims are available, the applicable time limits for pursuing them, and whether interim relief may be available. As a first step, it is worth considering negotiation or mediation, with court proceedings being pursued if attempts to reach an amicable settlement are unsuccessful.

Further information is available here:

• European e-Justice – lawyers and notaries in Poland: roles and responsibilities.
• European e-Justice – taking evidence remotely in cross-border proceedings.
• European e-Justice – finding legal translators and interpreters in Poland.
• DLA Piper – legal due diligence before buying property in Poland.
• DLA Piper – taxes and transaction costs when purchasing property in Poland.
• DLA Piper – registration of title, mortgages and third-party rights.

Summary – Property disputes in Poland: do you always have to go to court?

Court proceedings should be a last resort, pursued when negotiations, mediation and pre-litigation attempts to resolve the dispute amicably have been unsuccessful. Remember that proper preparation is key: carrying out appropriate checks before buying a property can help you avoid lengthy and costly legal disputes. If you have questions about property in Poland, would like to have an agreement reviewed, or need assistance in resolving an existing dispute, please contact me Contact me on kowalicki.com. I can help you assess the risks, protect your interests and find a practical legal solution.