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Formalities at the Notary Office related to the sales or purchase of the property


English

2013-07-16

In accordance with article 158 of Polish Civil Code, the contract of the disposal of ownership rights to a property shell be concluded in the form of the authenticated deed. It means that if we want to sell, buy, deliver, or acquire a property, we will not be able to avoid the visit at the Notary Office.

 

Choosing the Notary

There are no regulations specifying which Notary  Office to go to. This decision belongs to the parties to the contract. That is why very often the price is the only criterion. The maximum amounts of a notary fee are specified by law, so they do not differ much between the offices.

 

Documents

The Notary prepares the authenticated deed on the basis of certain documents, which we have to deliver earlier, before the final meeting, to his Office. The documents we have to collect before concluding the contract are the following:

 

• extract from the Land and Mortgage Register;

• extract from the Land Registry;

• confirmation of the ownership rights (i.e. excerpt from the authenticated deed, extract form the decision on establishing the acquisition of inheritance, deed of succession certification);

• certification issued by the Commune Office concerning the property's inclusion into the local Land Utilization Plan (or its lack);

• basic data about the parties to the contract (forenames and surnames, parents' names, PESEL no., address, identification document no., etc.).

 

The Notary may require some additional documents, depending on the type of the property being the Subject Matter, the means of acquisition of title to it, or the specific kind of the contract. We may be asked to bring also:

 

• bank's certification concerning the granted loan;

• agreement on the dissolution of the joint property of husband and wife;

• confirmation issued by the administrator of the property stating that the property is debt-free in terms of payments made to the administrative body.

 

The Notary will ask us to leave the copies of all documents which confirm the legal position of the property. We should also bring the original versions of these documents to confirm the authenticity of the copies.

 

What happens next?

The Notary prepares the authenticated deed, a specific type of an official written instrument, which validates the performance of a particular act in law (in our case the disposal of the ownership rights to a real property). The particulars of the authenticated deed are described by the Notary Public Law. At the final stage of the transaction, the parties meet at the Notary Office, and after the reading of the sales contract (authenticated deed), sign the document. The contract is also signed by the Notary, which confirms its validity.

 

Jakub Jastrzębski 

 

 

 

 

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