Real estate agents under the AMLR from 10 July 2027: verification of both buyer and seller

Real estate agents are already obligated institutions within the meaning of the Polish Act of 1 March 2018 on Counteracting Money Laundering and Terrorist Financing (the AML Act) (Article 2(1)(18)) and will remain obliged entities under Article 3, point (3)(d) of Regulation (EU) 2024/1624 (the AMLR). What will change is who must be verified and when.

What is changing for real estate agents under the AMLR?

Under the AMLR, the agent’s customers are both parties to the transaction, that is, the buyer and the seller, and in a letting both parties to the agreement (Article 19(6)(c)). The agent therefore applies customer due diligence measures to each of them, including identifying beneficial owners (Articles 51–54) and verifying whether they are subject to targeted financial sanctions (Article 20(1)(d)). The agent also establishes the purpose and intended nature of the transaction, including an occasional transaction such as a one-off sale of an apartment (Article 25). The timing of verification is governed by Article 23(1).

As a rule, verification takes place before the business relationship is established or the occasional transaction is carried out (Article 23(1), first subparagraph). For real estate agents, it takes place after the offer has been accepted by the seller or lessor and in any event before any funds or property are transferred (Article 23(1), second subparagraph). In continuing business relationships, for example when serving a developer or an investor, customer data must be updated at least once a year for high-risk customers and at least once every five years for the others (Article 26(2)).

What organisational requirements does the AMLR impose on real estate agencies?

Organisational requirements also gain importance. An obliged entity assesses the integrity of employees performing AML tasks before entrusting them with duties and periodically thereafter (Article 13), provides training (Article 12) and ensures an anonymous channel for reporting breaches (Article 14). In 2025, the GIIF carried out an inspection of one real estate agent, but its annual report does not indicate which irregularities were found in that particular inspection.

Who is covered by the new AML obligations in the real estate market?

Real estate agents, including in lettings where the monthly rent is at least EUR 10 000 (Article 3, point (3)(d)). The changes will be particularly noticeable for agents serving developers and investors.

What must real estate agents do before 10 July 2027?

• Check how the agent currently serves both parties to a transaction and when it collects their data.
• Set the point of verification and the person responsible, and prepare the procedure to follow where the required data is not provided.
• Prepare forms recording the purpose of the transaction, the source of financing and the beneficial owners.
• Introduce an integrity assessment for persons performing AML tasks and a training schedule.
• Maintain a schedule for updating data on continuing customers according to their risk category.
• Test the procedure on sample transactions, including one in which the payment comes from the funds of a third party.

What are the penalties for breaching the AML rules?

The maximum pecuniary sanction for serious, repeated or systematic breaches is to be at least EUR 1 000 000 or twice the benefit derived from the breach, whichever is higher (Article 55(2) of Directive (EU) 2024/1640 (AMLD6)). The specific amounts will be set by Polish law.

How to prepare your real estate agency for the AMLR?

We help real estate agents adapt to the AMLR and prepare a procedure for verifying both parties to a transaction, forms on the purpose of the transaction and beneficial owners, and a training schedule before 10 July 2027. Contact us.