Documents for selling a flat

The role of the notary and the notarial deed

Transferring ownership of a property requires the form of a notarial deed. It is the notary who draws up the contract, verifies the legal status of the premises, the parties' identity and the consistency of the documents. That is why compiling the papers is always worth consulting with a chosen notary's office, which will indicate the exact list for a specific transaction.

The scope of the required documents depends on the type of right to the premises and on its history. Selling a flat with separate ownership may look different from selling a cooperative ownership right to the premises. The notary will tailor the requirements to the situation.

The title of acquisition of the property

A key document is the title of acquisition, that is, the document showing how the seller became the owner. This may be, for example, a notarial purchase deed, a donation contract, a document confirming inheritance or another title. On its basis the notary establishes the continuity of rights to the premises.

It is worth locating this document sufficiently early. If it has been lost, a copy can usually be obtained, which can be time-consuming. Putting the title of acquisition in order early helps avoid delays in finalising the sale.

The land register and legal status

The notary checks the content of the land and mortgage register kept for the property. It shows who the owner is, what the floor area is and whether the property is encumbered, for example with a mortgage or other rights. Consistency of the actual state with the register is a condition of a safe transaction for the buyer.

If the flat is encumbered with a mortgage connected with a loan, additional documents from the bank will be necessary. This is a frequent situation, which we describe more broadly in the article on selling a flat with a mortgage. An orderly state of the land register speeds up the whole sale.

Certificates and additional documents

In practice, certificates confirming the absence of arrears in payments to the housing community or cooperative are often needed. A certificate about the number of people registered in the premises may also be required, and sometimes information concerning the land or the intended use of the property. The scope depends on the character of the transaction.

Such documents are issued by the appropriate entities: the community's management board, the cooperative or the competent authority. Obtaining them takes time, so it is worth applying for them in advance. The notary will indicate which of them will be necessary in a given case.

How to prepare for the transaction

The best strategy is early contact with the notary and establishing the full list of documents for a specific sale. Then you put the title of acquisition in order, check the consistency of the data with the land register and apply for the necessary certificates. It is also worth preparing the parties' identity documents.

Compiling the papers before the agreed date of signing the deed limits the risk of delays and stress. Orderly documentation is a signal of credibility to the buyer and a condition for the smooth conduct of the transaction at the notary.

Summary: documentation without surprises

A smooth flat sale starts with complete documents. The basis is the title of acquisition and a consistent state of the land register, and often also certificates about the absence of arrears and the number of people registered. Because the contract is concluded in the form of a notarial deed, the final list is always set by the notary. Compiling the papers early speeds up the transaction and protects against unpleasant surprises.