The notarial deed when buying a property

What is a notarial deed and why is it required

A notarial deed is a special official document drawn up by a notary that confirms that a specific legal act has been performed. In the case of property, this form is not merely a formality - Polish civil law requires it under pain of invalidity. This means that even the most detailed contract drawn up by the parties themselves will not transfer ownership of a property if it is not concluded before a notary.

The notary acts as a person of public trust. Their task is not only to record the parties' will, but also to ensure that the act complies with the law and that neither party is wronged. The notary remains impartial towards the buyer and the seller, safeguarding the interests of both at once.

What a notarial deed must contain

The Law on Notaries Act specifies the mandatory elements of every deed. The most important include the date and place of drafting, the notary's details, the exact personal details of the parties together with confirmation of their identity, and a detailed description of the subject of the contract.

Description of the property and its legal status

The deed must unambiguously identify the property: its location, floor area, land and mortgage register number, and the plot or unit number. The notary also records information about encumbrances, such as mortgages or easements, and any third-party claims disclosed in the register.

Price, payment terms and handover

The document will state the agreed price, the method and deadline for its payment, and the moment of handing the property over to the buyer. The parties often set out in the deed a so-called submission to enforcement, which makes it easier to pursue claims should the other party fail to perform its obligations.

How the meeting at the notary works

Before the appointed date, the notary assembles and analyses the documents, including an extract from the land and mortgage register, the seller's basis of acquisition, and certificates confirming the absence of arrears. On the day of signing, both parties appear in person or through a duly authorised representative.

The notary reads out the content of the deed aloud, making sure the parties understand its provisions and accept them without reservation. This is the moment to ask questions and clarify doubts. Only after the reading and acceptance do the parties and the notary sign, which finalises the act.

The role of a representative

If one of the parties cannot appear in person, they may act through a representative. A power of attorney to sell or buy a property also requires the form of a notarial deed, so it pays to prepare it in advance.

Costs associated with the notarial deed

The total cost is made up of several elements. The basic one is the notarial fee, that is the notary's remuneration, whose maximum amount is regulated by an ordinance of the Minister of Justice and which depends on the transaction value. Added to this is the tax on civil-law transactions when buying on the secondary market, or VAT included in the price on the primary market.

Court fees and taxes

The notary also collects court fees for entry of the ownership right and any mortgage into the land and mortgage register and passes them on to the court. In practice this means the buyer settles all dues in one place, and the notary acts as an intermediary towards the tax office and the land-registry court.

What to watch for before signing

It is crucial to check the property's land and mortgage register yourself, which can be viewed online. It pays to verify whether the seller is the actual owner, whether the property is not encumbered with a mortgage or other rights, and whether no proceedings are pending against it.

It is good practice to ask for a draft of the deed in advance, so you can calmly review its content before the visit. If any provisions raise doubts, they should be clarified before signing - after signing, changing the terms requires another notarial act.

The preliminary contract versus the contract transferring ownership

In practice, transactions are often split into two stages. First the parties conclude a preliminary contract, in which they undertake to conclude the proper contract in the future, for example after the buyer obtains a loan. A preliminary contract in the form of a notarial deed gives stronger protection, because it allows the conclusion of the promised contract to be pursued.

The actual transfer of ownership takes place only in the promised contract. It is this that produces the disposing effect and forms the basis for entering the new owner into the land and mortgage register.

Summary: the notarial deed as the foundation of a safe transaction

A notarial deed is far more than a formal requirement - it is a guarantee that the purchase of a property takes place in accordance with the law and that the interests of both parties are protected. An informed buyer knows the mandatory elements of the deed, understands the cost structure, and verifies the property's legal status before the visit to the office. This makes signing the contract a calm conclusion of the transaction rather than a source of stress.