Real estate transactions in Poland involve several legal and procedural steps designed to protect all parties involved. One of the most crucial players in this process is the notary. Understanding The Role of a Notary in Real Estate Transactions in Poland is essential for anyone considering buying or selling property, whether you’re a local or a foreign investor.
1. Why is a Notary Necessary?
In Poland, the sale or transfer of real estate must be executed in the form of a notarial deed to be legally valid. This requirement ensures that the transaction is transparent, properly documented, and legally binding. The notary’s role is to act as a neutral party who safeguards the interests of both buyer and seller.
2. Key Responsibilities of the Notary
a. Drafting the Notarial Deed
The notary prepares the official document (notarial deed) that records the property transaction details, including:
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Information about the buyer and seller
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Description of the property (location, size, legal status)
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Agreed sale price and payment terms
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Any relevant conditions or obligations
b. Verifying Legal Compliance
The notary ensures that:
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The seller has the legal right to sell the property.
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There are no encumbrances (e.g., debts, mortgages) affecting the property.
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The property complies with local zoning and planning regulations.
c. Handling Payments and Taxes
The notary calculates and confirms payment of:
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The property transfer tax (2% of the property’s value, unless VAT applies)
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Notarial fees (typically a percentage of the property price)
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Court registration fees for updating ownership records
d. Registering Ownership
After the transaction is completed, the notary submits the necessary documents to the Land and Mortgage Register to officially transfer ownership to the buyer.
3. Why is the Notary’s Role Important?
The notary’s involvement provides legal certainty and transparency to the transaction. By verifying all documentation and ensuring compliance with Polish law, the notary helps prevent fraud, disputes, and future legal complications.
4. Choosing the Right Notary
While buyers can choose any licensed notary in Poland, it’s advisable to:
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Select a notary experienced in real estate transactions.
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Ensure they speak your language or provide a translator, especially if you’re a foreign investor.
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Discuss all fees and documentation requirements in advance.
5. Costs of Notarial Services
Notarial fees in Poland are regulated and depend on the value of the transaction. The fee can be negotiated within legal limits but typically ranges from 0.25% to 3% of the property’s value, plus VAT. It’s important to clarify costs beforehand to avoid surprises.
Conclusion
The Role of a Notary in Real Estate Transactions in Poland is fundamental to ensuring a secure, transparent, and legally compliant property transfer. From drafting and verifying documents to handling payments and registering ownership, the notary is a crucial safeguard for all parties involved. Whether you’re buying your first apartment or investing in a commercial property, partnering with a reliable notary is essential for a smooth and successful transaction.
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