Prowizja is the fee an estate agency charges for its work when a flat is rented. The Polish act that regulates estate agents does not say whether the tenant or the landlord pays it, or how much it is: each agency agreement sets that.
So the fee is something you agree to, not something the law fixes. This guide explains what the law does require, what it leaves open, and what to ask before you go to a viewing.
What the law requires
Estate agents are regulated by the ustawa o gospodarce nieruchomościami (the Real Estate Management Act). Two of its rules protect you directly.
First, the umowa pośrednictwa (the agency agreement) must be in writing or in electronic form, which means signed with a qualified electronic signature, or it is void. The agreement itself defines what the agent will do for you (Art. 180 ust. 3). A spoken promise at the door is not enough.
Second, an agent must carry compulsory third-party liability insurance, and a copy of the current policy is attached to the agency agreement (Art. 181 ust. 3 and 3a). If you ask for that copy in writing and the agent does not give it to you within 7 days, you may end the agreement with immediate effect (Art. 181 ust. 3b).
What the law leaves open
The act says nothing about who pays the agent's fee, and nothing about how much it is (Art. 179a–181). That means:
- The law does not say the tenant pays. Depending on the agreement, the landlord, the tenant or both may pay.
- This act sets no cap on the fee.
- The act does not even require the agreement to state the fee. That is exactly why you should make sure yours does.
This guide covers that act only. Other rules, such as general consumer law, are outside its scope. We also give no "typical" fee here, because the law sets none and fees differ from one agency to another. Ask for the exact amount in writing.
What to check in the agency agreement
| What to check | Why it matters |
|---|---|
| It is on paper and signed, or signed with a qualified e-signature | Otherwise it is void (Art. 180 ust. 3) |
| What the agent will do for you | The agreement defines the agent's work (Art. 180 ust. 3) |
| The fee: amount, and whether VAT is included | The law does not set it, so only the agreement protects you |
| Who pays the fee: you, the landlord or both | The law does not decide this |
| When the fee is due | Make sure it is only after the lease is signed |
| What happens if no lease is signed | Make sure you owe nothing if the deal does not happen |
| A copy of the insurance policy | It is attached to the agreement (Art. 181 ust. 3a) |
What «bez prowizji» means
"Bez prowizji" means "no commission". On rental portals, it often marks a listing from a private owner, or an agency listing where the landlord pays the agent. But a label in a listing is not a contract. Ask the agent or the landlord directly whether you will pay anything, and keep the answer in writing. A message in a chat app or an email is a useful record.
Watch for other names for the same money. An "opłata za usługę" (service fee), an "opłata rezerwacyjna" (reservation fee) or a "fee for preparing the contract" can be a commission under another name.
Ask before the viewing
Ask about the fee before you go to a viewing, not after. Once you have seen a flat you like, it is harder to walk away from a fee you did not expect. Some agents also bring an agreement to the viewing and ask you to sign it there. Here is a short question in Polish that you can send:
Dzień dobry, czy przy tym mieszkaniu najemca płaci prowizję?
Jeśli tak, to w jakiej wysokości i kiedy?
In English: "Hello, does the tenant pay a commission for this flat? If so, how much, and when?"
Never pay an agency fee before a viewing, and never pay it to a person you cannot connect to a real agency. The scams guide explains the checks.
Chata Hunter is not an agency. It takes no commission, and no landlord or agency pays it to show you a flat. The FAQ has a short version of this guide.
What to do
- Before the viewing, ask whether you pay a fee, how much, and when.
- Get the answer in writing.
- Read the agency agreement before you sign it, and check every row in the table above.
- Ask for the insurance copy if it is not attached.
- Pay only after the lease is signed, and by bank transfer, with an invoice or receipt.
Questions about the agency fee
Is the agency fee capped by law?
Not by the Real Estate Management Act, which regulates estate agents: it sets no amount and no cap, and does not say who pays (Art. 179a–181). The amount and the payer are whatever the agency agreement says, so read it before you sign.
What if the agent does not give me the insurance copy?
Ask for it in writing. If the agent does not provide it within 7 days, you may end the agency agreement with immediate effect (Art. 181 ust. 3b).
Does «bez prowizji» mean I pay nothing to the agency?
It should, but a listing label is not a contract. Ask the agent directly whether you will pay any fee, under any name, and keep the answer in writing.