What documents are needed for a notarial deed?

ModernHouse 2023-07-19

Have you ever wondered what necessary documents are required to sell real estate? After reading this article, you will surely know.
In Poland, the sale of real estate is a legal act carried out by a person of public trust, such as a notary. Conducting a real estate sale transaction requires the seller to submit documents to the buyer and then submit them to a notary proving that the seller is the owner of the property he wants to sell.
It is often the case that the basis for acquisition is obtained through a court decision on the acquisition of inheritance, or it may also be a deed of inheritance certification.
To sum up, we may have a situation where the seller belongs to the immediate family and offers to sell the property. However, he has not yet received confirmation that he is the owner of the property.

Remember to be careful and require the buyer to confirm all oral statements.

- No mortgage loan encumbrance - if the encumbrance is in section IV, we require a certificate of the debt balance or a document confirming the full repayment of the debt and allowing the deletion of such an entry.

Remember that section IV may also include a company or an individual.

  • the property is not encumbered with easements, it happens that real estate is encumbered with easements, then it is worth being aware of it,
  • another important thing is all debts, e.g. debt from a housing cooperative, tax office, ZUS,
  • providing the land and mortgage register number is a good practice. To take the first step in real estate verification, we can do it by entering the link in the browser:
    EUKW - Presentation of the Land and Mortgage Register (ms.gov.pl)
    Then enter the land and mortgage register number in the empty fields.
    You can read how to check the land and mortgage register here.

The next thing is to confirm ownership that the property belongs to a specific person by providing the notary with documents such as::

  • notarial deed - in the case of purchasing the real estate being sold on the primary or secondary market,
  • allocation of residential premises,
  • certificate of transformation of the cooperative tenant's right to the premises into a cooperative ownership right,
  • deed of donation - in the event of acquiring possession of real estate by way of donation,
  • inheritance certificate in the event of inheritance of real estate,
  • court decision on the acquisition of inheritance under the Act.

It is worth knowing here that in the event of purchasing real estate by gift or inheritance, the owner or owners of such real estate should prepare a document issued by the Tax Office with information that all taxes and fees due to inheritance or inheritance have been settled or that the tax was not due or expired. Before issuing the certificate, the tax office will require sellers to submit an SD-Z2 application, which may extend the entire process.
Remember that the law on inheritance and donation tax has been in force since 2007.
The conclusion is that if the acquisition took place before 2007 this certificate will be unnecessary.

You have surely noticed the difference between an apartment, a house, a plot of land or a farm.

These differences mean that different documents are needed to sell them - documents and certificates issued by the Commune Office or City Hall and by various departments of these offices..

  • certificate that the plots are not covered by a simplified forest management plan,
  • a certificate confirming that no revitalization areas have been designated in the city and no special revitalization zone has been established,
  • certificate on the purpose of the property in the local plan/on the development directions adopted in the study of conditions and directions of spatial development,
  • extract / excerpt from the land and premises register,
  • copy of the base map,
  • consent from the Director General of the National Support Center for Agriculture for the purchase of agricultural real estate over 1 ha by a person who is not a farmer.
The above documents are intended to confirm that the data of the sold property included in the land register are consistent with the data included in the land and mortgage register of this property.

The basic map will allow you to identify the area's infrastructure, e.g. power lines, gas networks, sewage and water systems, as well as above-ground structures, trees and bushes.
The land cadastral map allows you to check property boundaries, plot numbers, and land use designations.
An extract from the land register will allow you to check the classes of land, the so-called evaluation.
A certificate of the lack of a forest management plan will dispel any doubts that the land is a forest plot.

As you can see above, there are a lot of documents. The path to obtaining them is often long.
The documents mentioned above will enable a quick transaction and will give you confidence that the transaction is transparent and safe.
Also remember that the lack of a specific document may make it impossible to sell the property, so it is worth taking care of it in advance or including it in the content of the preliminary contract..