notary and mediator in Warsaw

notariusz@hupert.pl

notary and mediator in Warsaw

+48 570 930 416

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Sale


There are three types of real estate in Poland that can be sale objects and they are as follows:
1. Sale of land property
2. Sale of residential premises (a flat or apartment)
3. Sale of cooperative ownership of premises.


Pursuant to the act on acquisition of real estate by foreigners, every foreigner from outside the European Economic Area (this area includes European Union countries, Iceland, Liechtenstein and Norway) and Switzerland, who intends to purchase real estate in Poland, should obtain prior permission from the Minister of Internal Affairs and Administration.


This permission is not required if you are buying:

  1. separate [in legal meaning] residential premises;
  2. premises or a share in premises intended for a garage – if you are buying it for residential purposes;
  3. real estate - if a buyer has lived in Poland for at least 5 years from obtaining a permanent residence permit or residence permit of a EU long-term resident;
  4. real estate that will become a part of community property - if a spouse is a Polish citizen and you have both lived in Poland for at least 2 years from obtaining a permanent residence permit or residence permit of a EU long-term resident;
  5. real estate from a person who has owned it for at least 5 years and a buyer is entitled to inherit from that person on the day of purchase (e.g. daughter, son or grandson);


Remember that you need to have a permit to purchase real estate also in the cases mentioned above, if you purchase real estate located in the frontier zone and agricultural land with an area of more than one hectare.
Any sales agreements made without the required permit are invalid under the Polish law!


Sale of land property


Such real estate can be developed or not, however, only land is the object of sale, and everything that is on it is its component part and cannot be sold separately.


All land properties in Poland are recorded and registered by:
1) county offices (starostwo powiatowe), which issues excerpts from the land register,
2) departments of land and mortgage register of district courts which keep the land and mortgage register for a given place
 

Sale of residential premises


Every residential premises in Poland have their own land and mortgage register that is kept by a competent district court.
Please note that a land and mortgage register is kept separately for the premises and separately for the building and the area where the premises are located.
Together with purchasing the residential premises, the buyer also becomes the owner of the share in a common part (i.e. the building and the surrounding area).


Sale of cooperative ownership of premises


It is a legal form of owning premises, where a housing cooperative is the owner of premises and a natural person acquires only the right to its unlimited use. This right is subject to inheritance and applies to both the owners and their family. In practice, therefore, it does not differ from the ownership of the premises described above.
A land and mortgage register may or may not be established for such a right.
In the case of selling such a right, it is necessary to present to the notary a certificate from the Housing Cooperative (Spółdzielnia) confirming the seller's right to the premises.


Fees:


When buying a property at the notary you will be required to pay the following charges:
A tax on civil law transactions of 2% of a purchase price,
Court fees for entry in the land and mortgage register,
A notary fee quoted individually and depending on the purchase price,
A notary fee for preparing an application to the court of PLN 200 net.
Costs of an extract from the deed of PLN 6 net per page, prepared for the parties to the,agreement and for the relevant state offices.


Documents:


We will send you a specific list of documents in English that are necessary to draw up a sales agreement, together with their Polish names and the indication of an office that issues such a document, after sending us the land and mortgage register number of the property.
After the agreement is concluded, the notary will inform all necessary institutions, which keep relevant registers, about this transaction on your behalf. So there is no need for you to go to any other offices and deal with them directly!

 

Preliminary agreement


A sales agreement can be signed as a final agreement right away or it may be preceded by a preliminary agreement. This is useful in a situation where the final agreement cannot be concluded due to the lack of documents or when a buyer needs to take a loan. Such a preliminary agreement guarantees that the buyer/seller will not withdraw if he gets a more lucrative offer, and he is obliged to appear at a notary to sign the final agreement on the same terms and conditions as have been negotiated and entered into the preliminary agreement.

In such a case, the notary fee is half on the preliminary agreement and half on the final agreement.