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Buying or selling property in Poland

In Poland, the sale of an apartment, a house or a plot of land is only valid if it is signed before a notary. The same applies to perpetual usufruct and cooperative ownership rights to an apartment. At our office at ul. Morcinka 15-17 in Katowice we prepare the draft deed before your visit, so the signing itself goes smoothly.

Why a notarial deed is required

Polish law requires a contract transferring ownership of real estate to be made in the form of a notarial deed. A private written agreement does not transfer ownership, even if the buyer has already paid. Before the signing we check the land and mortgage register (księga wieczysta): who the owner is and whether there are mortgages, easements or third-party claims. At the appointment the notary reads the deed aloud and answers any questions.

How it works

First we need some basic information: details of the buyer and seller, the land register number, the price and how it will be paid. We tell you which certificates to collect (see Documents). A few days before the appointment we email the draft deed so that both sides can read it and send comments.

The signing usually takes 30 to 60 minutes. On the same day we collect the notary fee, tax and court fee, and file the application for an entry in the land register electronically.

Buying property as a foreigner

Citizens of the EU, the European Economic Area and Switzerland buy property in Poland on the same terms as Poles. Other foreigners can buy a self-contained apartment without a permit, but buying a house or land usually requires a permit from the Minister of the Interior. If you are not sure whether this applies to you, ask us before signing a preliminary agreement.

Notarial deeds in Poland are always drawn up in Polish. We are happy to talk to you in English, but if you do not speak Polish well enough to follow the deed, a sworn translator has to be present when it is signed. Let us know in advance and we will help arrange one.

Costs

The bill consists of the notary fee plus 23% VAT, the tax on civil law transactions (2% of the market value when buying on the secondary market) and court fees: PLN 200 for entering ownership and PLN 200 for entering a mortgage. A worked example for an apartment costing PLN 400,000 is on the Notary fees page. We will give you the exact figure before the appointment.

Frequently asked questions

Yes. Selling real estate, perpetual usufruct or a cooperative ownership right to an apartment requires a notarial deed, otherwise the contract is void. A private written agreement does not transfer ownership, even if both sides signed it and the price was paid.

It does not have to be, but it is worth it. With an ordinary written preliminary agreement you can only claim damages if the other side pulls out. A notarial one lets you ask a court to order the final sale, and the claim can be entered in the land register, so the seller cannot sell to someone else without consequences.

Usually the buyer pays the notary fee, the tax on civil law transactions and the court fees, although the parties can agree otherwise. The notary collects the tax and court fees at the signing and passes them on to the tax office and the court.

Yes. Foreigners from outside the EU, EEA and Switzerland do not need a permit to buy a self-contained apartment. A permit from the Minister of the Interior is usually needed to buy a house or a plot of land.

From a few weeks to a few months, depending on the court. When you buy ownership of real estate or a cooperative right to an apartment, you become the owner at the moment the deed is signed, and the entry only confirms it. Perpetual usufruct is different: it passes to the buyer only when entered in the register, with effect from the date of the application.

Yes, through a notarial deposit. The money is paid into the office deposit account and released only when the conditions written in the deposit protocol are met.

See also

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