What commission costs
Rates cluster around 2 to 3.5% net of the transaction price, with the full observed range roughly 1 to 5%. Agency work is a service taxed at 23% VAT, and quoted figures are often net, so a "3%" commission on a 700,000 zł flat is 21,000 zł net and 25,830 zł with VAT.
The rate is a matter of contract, not regulation. It is negotiable, and it is normal to negotiate it.
The double commission, and why it matters to you
In Poland an agent may currently sign an agreement with the seller and another with the buyer, and be paid by both for the same transaction. The practice is legal and it is common.
What matters here is whose interest the agent serves. An agent paid by both sides has no side. The person showing you the flat, telling you what it is worth and relaying your offer may be paid by the person you are negotiating against.
You can simply ask, before you sign anything: are you also paid by the seller on this transaction? Get the answer in the agreement, not in conversation.
What the draft law would change
The Ministry of Development and Technology has prepared an amendment to the act on property management that would ban taking payment from both parties to one transaction: the buyer pays or the seller pays, not both. The draft also envisages a written agency agreement before the listing is published, open marking of listings placed by an agent, a statutory list of the agent's duties, and supervision by the trading inspection authority.
This is a draft. Until it is enacted the current position stands, and anyone telling you double commission is already banned is ahead of the law.
Where this comes from
This page describes the position as at 19 August 2026. Legislative drafts move; check the current status before relying on the proposed rules.
- Draft amendment to the act on property management (ustawa o gospodarce nieruchomościami), Ministry of Development and Technology
- Polish legal and market press reporting on commission levels and the double-commission debate
Frequently asked questions
Who pays the estate agent in Poland, the buyer or the seller?
Either, by agreement. There is no rule assigning it to one side, and at present the same agent may be paid by both parties to the same transaction. Ask before you sign anything, and have the answer in the written agreement.
Is double commission banned?
Not yet. A government draft would ban it and require the agent to declare which side they represent, but at the time of writing it remains a draft rather than binding law.
Is the quoted commission net or gross?
Frequently net. Agency services carry 23% VAT in Poland, so ask explicitly and put the answer in the agreement.
Do I need an agent to buy in Poland?
No. The notarial deed is compulsory; an agent is not. Buyers do use agents, particularly from abroad, but the legal machinery of the purchase runs through the notary.