Notarial services and documents

What does a notary do?

A notary executes notarial acts and provides other notarial services. There are legal actions, including contracts, that must be executed before a notary. They are subject to a notarial monopoly (e.g., a gift or sale of real property). Other legal actions can be executed in the notarial act, if the parties so agree (for example, a loan or lease). Sometimes a notarial service is an alternative to court proceedings (e.g., notarial certificate of inheritance). Executing a contract before a notary is favorable even if it is not compulsory. It is a safe option which guarantees a professionally drafted and fairly balanced contract. It is also inexpensive, since the maximum renumeration of the notary is limited by law.

We offer all types of notarial services (see more about its costs). We prepare contracts and other actions which must be executed in the form of a notarial act. The parties to the notarial act can, for example, sale or gift real property, divide the estate, terminate tenancy in common, establish a company, or even obtain a certificate of inheritance. We will also prepare contracts that clients wish to voluntarily execute in the form of a notarial act, such as lease, loan, sale of personal property, general partnership. We also provide notarial services different than a notarial act, like notarial copies of documents, validations of a signature or a date, notarial deposits, or certified copies and extracts of notarial acts.

How and where does a notary execute notarial acts?

A notary acts in his office. Exceptionally, a notarial act may be executed in a different place, if its nature or special circumstances justify that. Providing services, the notary should ensure that the rights and legitimate interests of the parties are secured. A notary is an agent of the state who guarantees that contracts executed by the parties are lawful, fair, and just. A notary cannot refuse anyone to execute an act that is lawful. He is bound by professional duty of confidentiality. A notary should also, without renumeration, provide his clients with legal advise concerning notarial services.

Kacper Górniak, PhD, as a notary in Chrzanów, thoroughly and consistently pursues the values which are related to notaries as persons of public trust. He engenders confidence in relations with his clients, ensuring high quality, legal safety, reliable legal advice, accuracy, order and lack of haste, discretion, and objectivity. Using his academic expertise, he thoroughly explains to the parties all implications of their actions. He speaks English, German, and French, enabling clients from abroad to comprehend their legal actions. He particularly enjoys solving complex legal problems.

Notarial services and required documents

From the list below, one can find out what are the most common notarial services and what documents should usually be prepared before the visit. These guidelines can be helpful, but they do not replace the consultation with a notary which is indispensable. Each case is different, therefore a notary must always individually determine the type of service and the documents required for it. The first item on this list also describes how to obtain the most often requested documents.

How to obtain the required documents

The documents described below, required for particular types of notarial services, may be obtained in specific offices (e.g. municipality, commune or district authorities, housing cooperatives). Helpful information on how to obtain these documents can be found on the following websites:

Gift

Gift of real property

The object of the contract of gift may be a piece of land (with or without buildings), an apartment, a residential property, a share in a land held in tenancy in common, perpetual usufruct, or an occupancy right in housing cooperative The gift of real property requires the form of a notarial act, otherwise it is null and void.


Required documents and information:

  • ID of the parties,
  • a document confirming the acquisition of real property by the donor, e.g. an extract from a notarial act of a previous gift, sale or other contract; a court decision confirming the acquisition of an inheritance or notarial certificate of inheritance (if the real property was inherited); administrative decision confirming the acquisition; an agreement or a court decision on the division of estate or the termination of tenancy in common of real property,
  • number of land in land and mortgage register (usually provided in one of the above documents)
  • if the property was inherited by the donor or gifted to him (in case of a gift, made after 1 January 2007), then also a certificate from the Head of the Tax Office stating that the inheritance and gift tax has been paid or that the acquisition was exempted from the tax,
  • if the land is subject to mortgage, an additional bank certificate specifying the amount of debt,
  • a copy of the donor’s marriage certificate, if the donor’s name visible in the document confirming the acquisition of real property or in the land and mortgage register is different from the current one;
  • if the gifted real property belongs to the marital joint property of the spouses or is held in tenancy in common, then it is needed a consent of the husband or wife or other co-owners in the form of a notarial act (or their presence before a notary)
  • if the donor is a minor or incapacitated, a final court decision is needed allowing for an action exceeding the ordinary management of his property and a document confirming the right to manage his property (in the case of a mother or father – a copy of the child’s birth certificate)
  • if the donor or donee is a legal person, a copy from the relevant register (e.g. the National Court Register) or data needed to obtain it is needed, as well as the agreement or articles of association of the legal person and the necessary consents of other authorities, if required ( e.g. shareholders or supervisory board),
  • if the donee is a foreigner, i.e. a natural person from outside the EU (without Polish citizenship or citizenship of another EU Member State or Switzerland) or a legal person with a registered office outside the EU (Poland, other EU Member States or Switzerland), then additionally the permission of the Minister of the Interior and Administration to acquire real property.


For the gift of land (with or without buildings), additionally:

  • a copy from the cadastre (issued by the discrtict office),
  • if the gift was made between strangers (i.e., outside the family), then additionally:
    • certificate on the permissible use of the land according to local land use plan or on the absence of such a plan in the area (issued by the municipality/commune office),
    • administrative decision on permissible use of land (if issued),
    • certificate of coverage of the land with a simplified forest management plan zone or the decision referred to in Art. 19 sec. 3 of the Forest Act (issued by the district office); it can be voluntarily replaced by a statement of the donor, made under penalty of criminal liability, that the land is not covered by the said forest management plan or the decisionm
    • for agricultural lands see “Agricultural lands” section.


For the gift of a part of the land which so far has not been a separate parcel (with separating this part as a new independent real property), additionally:

  • final administrative decision approving the division of a land (issued by the municipality/commune office),
  • a copy from the cadastre along with an excerpt from the cadastral map with an annotation that this document is intended for entry in the land and mortgage register (issued by the district office),
  • if the land is subject to a mortgage, easement or other encumbrance (e.g., a right of life), these encumbrances shall pass to each of the lands created by the partition; if the parties want these encumbrances not to pass to the gifted part of the land, it is needed a declaration of a mortgage creditor (e.g., a bank), or a person entitled to an easement or other right, in which they agree to detach a part of the land without encumbering it with a mortgage, easement or other right; this statement requires written form with a signature validated by a notary (except for a bank mortgage, against which a written statement by the bank is sufficient);
  • while the gift of one of the parcels of land, which has been included in the land and mortgage register, no longer requires additional administrative approval.


For a gift of an apartment along with establishing a separate ownership of this apartment (which so far has not been revealed in a land and mortgage register), additionally:

  • a copy from the cadastre for the apartment with an annotation that this document is intended for entry in the land and mortgage register (issued by the district office),
  • a copy from the cadastre for the land, where the apartment is located, along with an excerpt from the cadastral map with an annotation that this document is intended for entry in the land and mortgage register (issued by the district office),
  • certificate that the apartment is sufficiently independent to establish a separate apartment ownership (issued by the district office),
  • floor plans of the building where the apartment is located, with the premises and rooms belonging to it marked (e.g. from construction documentation or prepared separately by a person with building qualifications),
  • if the apartment is the first one that is separating in a given building, the additionally a copy from the cadastre for the building (from the building file) with an annotation that this document is intended for entry in the land and mortgage register (issued by the district office),
  • if the land, where the apartment is located, is subject to a mortgage, easement or other encumbrance (e.g., a right of life), these encumbrances shall pass to the newly separated apartment ownership; if the parties want these encumbrances not to pass to the gifted apartment, it is needed a declaration of a mortgage creditor (e.g., a bank), or a person entitled to an easement or other right, in which they agree to detach the apartment from the land without encumbering it with a mortgage, easement or other right; this statement requires written form with a signature validated by a notary (except for a bank mortgage, against which a written statement by the bank is sufficient).


For the gift of the occupancy right in housing cooperative, additionally:

  • certificate of acquisition of the occupancy right in housing cooperative by the donor (issued by the housing cooperative),
  • if this right is not included separately in a land and mortgage register, then additionally a certificate of the living area and location of the aparment (issued by the housing cooperative).

Gift of personal property or intangible property

The object of a contract of gift can be any personal property, in particular vehicles, and also any transferable intangible property, in particular shares, stocks and an enterprise (as a bulk of business assets). In case of a gift of a personal property, only the donor must make hist declaration in the form of a notarial act. Failure to observe this form does not affect the validity of the contract, if the gifted thing has been delivered to the donee. In case of a gift of business assets or shares in a limited liability company, the donor’s declaration requires the form of a notarial act, and for the donee’s declaration it is sufficient to keep the written form with a signature validated by a notary. This does not apply to cases where among the gifted business assets there is real property. Then the form of a notarial act is required, otherwise the contract is null and void..


Required documents and information:

  • ID cards of the parties,
  • a document confirming the acquisition of a personal or intangible property by the donor, e.g. a previous contract of gift or sale; a court decision confirming the acquisition of the estate or a notarial certificate of inheritance (if the thing or right has been inherited); articles of association with a statement on taking up shares (in the case of gifting shares in the company),
  • if the personal or intangible property was inherited by the donor or acquired through earlier gift (made after 1 January 2007), then also a certificate from the Head of the Tax Office stating that the inheritance and gift tax has been paid or that the acquisition was exempted from tax,
  • a copy of the donor’s marriage certificate, if the donor’s name visible in the document confirming the acquisition of a gifted property is different from the current one,
  • if the gifted property is a part of marital joint property of the spouses or is held in tenancy in common, then it is needed a consent of the husband or wife or co-owners in the form of a notarial act (or their appearance before a notary),
  • if the donor is a minor or incapacitated, a legally valid court decision is needed allowing for an action exceeding the ordinary management of his property and a document confirming the right to manage his property (in the case of a mother or father – a copy of the child’s birth certificate),
  • if the donor or donee is a legal person, a copy from the relevant register (e.g. the National Court Register) or data needed to obtain it is needed, and also the agreement or articles of association of the legal person and the necessary consents of other authorities, if required (e.g. shareholders’ meetings),
  • in the case of a gift of a vehicle – a copy from the Central Register of Vehicles and Drivers issued to the current owner with a complete set of data about the vehicle, including the owner’s data (issued by the Minister of Digitization – Central Register of Vehicles and Drivers),
  • in the case of a gift of a share in a limited liability company, a copy from the share register, the articles of association and a declaration of taking up shares (unless it is part of the articles of association) are additionally required.

Donatio mortis causa

It is a gift that becomes effective upon the donor’s death (a condition that the donor survives by the donee is also usually added). In case of a donatio mortis causa of real property, it will be necessary to execute an additional notarial act of conveyance transferring the real property from the heirs of the donor to the donee. In case of a gift of personal or intangible property, the donee acquires the title automatically upon the death of the donor. The documents listed above are required for the gift of real property or the gift of personal or intangible property (depending on the object of the donatio mortis causa).

Wills

Making a notarial will

A will may be made in the form of a notarial act, but it is not the only permissible form. One can also make a will in handwriting with a date and handwritten signature; or say a will in the presence of two witnesses and a competent official acting under the authority of the commune, municipality, district, or voivodeship authority. In special circumstances, oral, travel and military wills are also allowed. Only a will that include the so-called specific legacy per vindicationem (a bequest transferring the title ipso iure..


A will may contain one or more testamentary provisions, such as:

  • appointment of an heir (acquiring the whole property of the deceased) or several heirs in shares (universal legacy),
  • specific legacy per vindicationem (a bequest transferring the title ipso iure),
  • specific or pecuniary legacy per damnationem (a bequest to be performed by an heir),
  • testamentary instructions,
  • appointing an executor of a will.


Required documents or information:

  • the testator’s ID card,
  • in the case of a specific legacy per vindicationem or specific legacy per damnationem of the real property, also its number in the land and mortgage register.

Alteration or revocation of a will

An earlier will may be altered or revoked in the form of a notarial will as well as in different forms recognized by law.


Required information and documents:

  • the testator’s ID card,
  • a copy of the notarial act of the previous will (or the original of this will, if it was handwritten).

Opening (probate of) a will

The opening of a will confirms the fact that the testator left a will and its content, but it does not eliminate the need to confirm (probate of) succession by a decision of a court or a notarial certificate of inheritance. A will may be opened by a notary or a probate court at the request of any person who has a will or its certified copy (in case of a notarial will).


Required information and documents:

  • a copy of the notarial act of the previous will or the original of this will, if it was handwritten (or a statement of the content of the oral will)
  • a copy of the testator’s death certificate.

Successions and probate

Acceptance or disclaimer of the inheritance

A person appointed as an heir by a statute or a will may accept the inheritance without limitation of liability for succession debts (simple acceptance), or accept the inheritance with limited liability for succession debts (acceptance with benefit of inventory), or disclaim the inheritance. The declaration can be made within 6 months from the date where the heir learned about his appointment. If the heir fail to make a declaration within this period, his silence equals the acceptance of the inheritance with the benefit of inventory (in cases where the deceased died not earlier than 18 October 2015). The acceptance or disclaimer of inheritance should be made before a court or a notary. A person appointed as an heir can make a declaration orally (which is confirmed by minutes) or in writing with a signature validated by a notary. The power of attorney to accept or disclaim the inheritance should be made in writing with a signature validated by. anotary.


Required information or documents:

  • a copy of a death certificate of the deceased,
  • a copy of the heir’s birth or marriage certificate confirming being a relative of the deceased (if the heir was appointed by a statute),
  • if the heir was appointed by a will, then a certified copy of a notarial act including this will or the original of a handwritten will or minutes confirming the opening of a will,
  • in if the disclaimer of the inheritance is made in the name of a minor or an incapacitated person, also a court decision that permits for an act exceeding the ordinary management of the minor’s or incapacitated’s property and a document confirming the right to manage his property (for mother or father, a copy of the child’s birth certificate).

Accepting an official inventory specification of an estate

If an heir submits an official inventory specification of an estate, it allows him to invoke the limitation of liability for succession debts. This applies to the heir who accepted the inheritance with the benefit of inventory. An alternative to the official inventory specification of the estate, which the heir makes on his own and only submits it to the notary, is to apply to the court’s inventory of the estate.


Required documents needed if a notary is to accept the inventory:

  • ID card of the heir,
  • a copy of a death certificate of the deceased,
  • a copy of a notarial act with a declaration of acceptance of the inheritance with the benefit of inventory,
  • an inventory prepared by the heir.

Certificate of inheritance

A notarial certificate of inheritance confirms that someone is an heir. This document is a legal basis for the entry of the heir in the land and mortgage register of the inherited real property. A registered certificate of inheritance legally equals a court decision confirming the succession. Issuing a notarial certificate of inheritance is preceded by the preparation of the protocol of inheritance, in which the parties, who appeared before a notary, under pain of criminal liability for making false statements, disclose all circumstances necessary to determine who the heirs are. The preparation of the protocol and the act of inheritance certification requires the participation of all persons who may be possibly considered as statutory or testamentary heirs, as well as persons for whom the testator made bequests, with the exception of people who disclaimed the inheritance or bequest or were deemed unworthy to succeed. The persons important for the procedure can appear at various notaries, then a so-called draft protocol of inheritance is made. The protocol of inheritance and the certificate of inheritance can be made at the request of any of the interested persons, as long as the statements of the other persons are submitted (in the draft protocol of inheritance).


Information and documents needed for the inheritance protocol and the certificate of inheritance as notarial services:

  • ID cards of present parties,
  • a copy of the testator’s death certificate,
  • copies of birth or marriage certificates pertaining to persons appointed as heirs,
  • if the testator left a will, the original of the handwritten will or a certified copy of a notarial act with a notarial will or minutes confiriming the opening of the will,
  • declarations of acceptance or disclaimer of inheritance
  • draft protocol of inheritance and protocols with consents to make the protocol of inheritance in accordance with its draft, if they have been previously prepared
  • if the will contains a bequest concerning real property, then also the number of a land in the land and mortgage register.

Division of the estate

The division of the estate can be made through contract or before the court. In the case of contractual division of the succession, the form of a notarial act required only if the succession includes real property. If the estate contains an enterprise or shares in a limited liability company, it is sufficient to divide the succession in writing with a signature validated by a notary. In other cases, in general, the contractual division of the succession does not require a specific form. The division of the estate may lead to acquiring the components of the estate by specific heirs with or without the obligation to repay the other heirs, or in exchange for acquiring different components of the estate by the other heirs. It may also be possible to divide e.g. inherited land into separate apartments acquired by individual heirs. The division of the succession may also assume the sale of the components of the estate to a third party and the distribution of the money between the heirs. The presence before a notary of all heirs is necessary for the division of the succession, and in the case of the sale of the components of the succession to a third party – also the presence of that person.


Information and documents required for a notarial service:

  • ID cards of parties,
  • a copy of a notarial certificate of inheritance or a final court decision confirming the succession,
  • in case of the division of the estate involving aquiring real property by one of the heirs, the documents concerning the acquired land are required, as specified above in relation to the gift of real property,
  • in case of the division of the estate involving the sale of real property to a third party, the documents specified below are necessary in relation to the sale of real property

European certificate of succession

The European Certificate of Succession allows to prove a status as an heir and to obtain other benefits from an inheritance in another EU Member State. It is intended for use by heirs, legatees, executors of the will, and other kinds of administrator of the estate (including a succession administrator) who need to demonstrate their status or exercise their rights in another Member State. The European Certificate of Succession is issued by a court or a notary. A court or (any) notary in Poland has jurisdiction, primarily if the deceased had his habitual residence in Poland at the time of death.


Documents or information required for a notarial servicce:

  • a copy of the testator’s death certificate (or its equivalent from another country)
  • ID of present persons (or other identity documents)
  • copies of birth or marriage certificates of persons appointed as heirs,
  • if the testator left a will, the original of the handwritten will or a certified copy of a notarial act with a notarial will or minutes confiriming the opening of the will
  • statements of accepting or disclaiming the inheritance
  • if the will contains a bequest of real property, then also the number of a land from the land and mortgage register.

Certificate of appointment of the executor

It is issued by a notary or probate court. The documents is to confirm that a given person is an executor of the estate and has powers to administer it.

Documents or information needed to a notarial service:

  • a copy of the testator’s death certificate,
  • the ID card of the person appointed as the executor of the will,
  • the original of the handwritten will or a certified copy of a notarial act with a notarial will or minutes confirming the opening of the will

Actions regarding the succession management

The task of the succession manager is to run, in his own name, the business assets left by the deceased entrepreneur (operating in the form of a sole proprietorship). A succession administrator may be appointed by an entrepreneur entered into Central Register of Sole Entrepreneurs (CEIDG) during his lifetime – this does not require the form of a notarial act, but a written form (under pain of nullity) and entry into CEIDG. The succession manager may also be appointed by the relatives of the deceased entrepreneur after his death. This requires the appointment of an administrator and the consent of persons who acquired the enterprise after the entrepreneur’s death (including husband or wife, if the enterprise was part of their joint property) in the light of the certificate of inheritance, court’s decision confirming the inheritance or (if not yet issued) in in the light of the statutory rules of succession or the openen will of the entrepreneur (or at least a consent persons who are entitled to the enterprise in a total share of more than 85/100). The appointment of a succession manager after the death of the entrepreneur and consent to this appointment by authorized persons takes place in the form of a notarial act. The presence of the person appointed as the manager is necessary.


Documents or information needed to appoint a succession manager (protocol and act of appointment):

  • a copy of the entrepreneur’s death certificate,
  • a copy from CEIDG or data necessary to obtain it,
  • ID cards of present persons,
  • in case of the wife or husband of the deceased entrepreneur, entitled to appoint a succession administrator – a copy of the marriage certificate,
  • a copy of a certificate of inheritance or a final court decision confirming the succesion, if issued; if not issued, then:
  • copies of birth or marriage certificates allowing to determine that the persons appointing the succession administrator belong to the circle of statutory heirs,
  • if the deceased entrepreneur left a will, minutes of the opening the will.

The same documents are needed to dismiss a succession manager and appoint another succession manager.

In order for the administrator to make actions exceeding ordinary management, it is necessary to have the consent of all owners of the inherited enterprise. The consent requires the form of a notarial actonly if it permits an act requiring such a form.

Documents or information needed for the owners of the inherited enterprise to consent to the succession administrator making actions exceeding ordinary management consisting in the disposal or purchase of real property:

  • a copy from CEIDG confirming who is the successor manager (or data needed to obtain it),
  • ID cards of the present persons (owners of the inherited company ), whereas the presence of the succession administrator is not necessary.

The succession administrator may resign from this function by submitting a resignation before a notary . From that time, he is obliged to act for two more weeks, unless another succession administrator has been appointed earlier.

Documents or information needed to submit a resignation from the function of a succession manager:

  • a copyfrom CEIDG (or data necessary to obtain it),
  • ID card of the present succession administrator, while the presence of the owners of the inherited enterprise is not necessary.

Contract of renunciation of succession (on intestacy)

The statutory heir may, by contract with the future testator, renounce his succession (on intestacy). Such an agreement should be concluded in the form of a notarial act. Renunciation of succession may be agreed for renumeration or gratutitously. The renunciation of succession also extends to the descendants of the renouncing heir (his children, grandchildren, etc.), unless otherwise agreed. A renunciation of succession deprives also the right to claim a compulsory share after the testator’s death. However, it does not affect the possibility of appointing the renouncing heir to succession by way of a will or making gifts to him.


Documents or information needed to a notarial servicce:

  • ID cards of the parties,
  • a copy of the birth or marriage certificate of the person renouncing the inheritance.

Contract of renunciation of compulsory share

A renunciation of compulsory share in estate is concluded between the future, still living testator and one of his relatives who may be entitled to a compulsory share after the testator’s death (son, daughter, grandchildren, further descendants, wife, husband, mother and father of the deceased). The effect of this agreement is that after the death of the deceased, the second party is not entitled to a compulsory share, thanks to which the testator has wider freedom to dispose of his property in the event of death (e.g. by way of a will or gifts).


Documents or information required to a notarial service:

  • ID cards of the parties,
  • a copy of the birth or marriage certificate of the person renouncing the compulsory share.

It is allowed to “renounce the compulsory share” after the testator’s death . It takes place by way of a contract of debt release executed between the person entitled to the compulsory share (as a creditor) and the person responsible to pay this share (as a debtor). Such an agreement does not require the form of a notarial act.

Purchase of inheritance

The purchase of the inheritance means the sale or gift of all the components of the succession through one contract. Different than the disposal of one single component of the succession (e.g., an inherited land), the purchase of inheritance gives the purchaser a status analogous to that of an heir. Therefore, the purchaser takes on the responsibility for the succession debts (jointly and severally with the heir who has disposed of inheritance). This agreement requires the form of a notarial act, otherwise is null and void.


Documents and information required to a notarial service:

  • ID cards of the parties
  • a copy of a death certificate of the deceased,
  • declaration of the heir, who disposes of the inheritance, with the acceptance of the inheritance or a copy of a notarial act of certificate of inheritance (or a final court decision confirming the succession),
  • in case of the purchase of inheritance that includes real property, the documents concerning this land are required, as specified above in relation to the gift of real property.

Real property

Sale of land

It requires the form of a notarial deed, otherwise is null and void.


Documents and information required for a notarial service:

  • ID cards of the parties,
  • a document confirming that the seller has acquired the land, e.g. a copy of a notarial act of a previous contract of gift, sale etc.; a court decision confirming the succession or a notarial certificate of inheritance (if the land was inherited); a contract or a court decision on the division of succession or termination of tenancy in common of real property,
  • number of land in land and mortgage register (usually provided in one of the above documents)
  • if the property was inherited by the seller or gifted to him (in case of a gift, made after 1 January 2007), then also a certificate from the Head of the Tax Office stating that the inheritance and gift tax has been paid or that the acquisition was exempted from the tax,
  • a copy from the cadastre (issued by the discrtict office),
  • if the land is subject to mortgage, an additional bank certificate specifying the amount of debt,
  • certificate on the permissible use of the land according to local land use plan or on the absence of such a plan in the area (issued by the municipality/commune office),
  • administrative decision on permissible use of land (if issued),
  • certificate of coverage of the land with a simplified forest management plan zone or the decision referred to in Art. 19 sec. 3 of the Forest Act (issued by the district office); it can be voluntarily replaced by a statement of the donor, made under penalty of criminal liability, that the land is not covered by the said forest management plan or the decision;
  • a certificate regarding the inclusion of a land in a revitalization zone or a special revitalization zone (issued by the municipality/commune office),
  • in the case of land with a house build on, a certificate regarding persons registered as residing at the land (issued by the municipality/commune office),
  • a copy of the seller’s marriage certificate, if the seller’s name included in the document confirming the acquisition of the land or in the land and mortgage register is different from the current one,
  • if the sold real property belongs to the marital joint property of the spouses or is held in tenancy in common, then it is needed a consent of the husband or wife or other co-owners in the form of a notarial act (or their presence before a notary),
  • if the real property is acquired by the spouses their marital joint property, or is purchased by a few persons to tenancy in common, then it is needed a consent of the husband or wife or other co-owners in the form of a notarial act (or their presence before a notary),
  • if the seller or buyer is a minor or incapacitated, a final court decision is needed allowing for an action exceeding the ordinary management of his property and a document confirming the right to manage his property (in case of a mother or father – a copy of the child’s birth certificate),
  • if the seller or buyer is a legal person, a copy from the relevant register (e.g. the National Court Register) or data needed to obtain it is needed, as well as the agreement or articles of association of the legal person and the necessary consents of other authorities, if required (e.g. shareholders or supervisory board),
  • if the buyer is a foreigner, i.e. a natural person from outside the EU (without Polish citizenship or citizenship of another EU Member State or Switzerland), or a legal person with a registered office outside the EU (Poland, other EU Member States or Switzerland), then additionally the permission of the Minister of the Interior and Administration to acquire real property,
  • for agricultural lands see “Agricultural lands” section.

For a sale of a part of the land which so far has not been a separate parcel (with separating this part as a new independent real property), additionally

  • final administrative decision approving the division of a land (issued by the municipality/commune office),
  • a copy from the cadastre along with an excerpt from the cadastral map with an annotation that this document is intended for entry in the land and mortgage register (issued by the district office),
  • if the land is subject to a mortgage, easement or other encumbrance (e.g., a right of life), these encumbrances shall pass to each of the lands created by the partition; if the parties want these encumbrances not to pass to the sold part of the land, it is needed a declaration of a mortgage creditor (e.g., a bank), or a person entitled to an easement or other right, in which they agree to detach a part of the land without encumbering it with a mortgage, easement or other right; this statement requires written form with a signature validated by a notary (except for a bank mortgage, against which a written statement by the bank is sufficient);
  • while the sale of one of the parcels of land, which has been included in the land and mortgage register, no longer requires additional administrative approval.

Sale of apartment/commercial property/garage

It requires the form of a notarial act, otherwise is null and void. It applies to the sale of an apartment as well as other legally separated parts of buildings (commercial premises, garages).


Documents and information required for a notarial service:

  • ID cards of the parties,
  • a document confirming that the seller has acquired the land, e.g. a copy of a notarial act of a previous contract of gift, sale etc.; a court decision confirming the succession or a notarial certificate of inheritance (if the land was inherited); a contract or a court decision on the division of succession or termination of tenancy in common of real property,
  • number of apartment in land and mortgage register (usually provided in one of the above documents)
  • if the property was inherited by the seller or gifted to him (in case of a gift, made after 1 January 2007), then also a certificate from the Head of the Tax Office stating that the inheritance and gift tax has been paid or that the acquisition was exempted from the tax,
  • a certificate regarding the inclusion of an aparment in a revitalization zone or a special revitalization zone (issued by the municipality/commune office),
  • a certificate from the administrator of the common boilding (a condominium administrator or a housing cooperative) that there are no debts in fees for utilizing the sold apartment,
  • in case of an apartment, a certificate regarding persons registered as residing at the land (issued by the municipality/commune office),
  • if the apartment is subject to a mortgage, an additional bank certificate specifying the amount of debt,
  • a copy of the seller’s marriage certificate, if the seller’s name visible in the document confirming that he acquired the apartment or in the land and mortgage register is different from the current one,
  • if the sold apartment belongs to the marital joint property of the spouses or is held in tenancy in common, then it is needed a consent of the husband or wife or other co-owners in the form of a notarial act (or their presence before a notary),
  • if the seller or buyer is a minor or incapacitated, a final court decision is needed allowing for an action exceeding the ordinary management of his property and a document confirming the right to manage his property (in case of a mother or father – a copy of the child’s birth certificate),
  • if the seller or buyer is a legal person, a copy from the relevant register (e.g. the National Court Register) or data needed to obtain it is needed, as well as the agreement or articles of association of the legal person and the necessary consents of other authorities, if required (e.g. shareholders or supervisory board),
  • if the apartment has not been yet established as a separate ownership (it so far has not been revealed in a land and mortgage register), then the following are additionally needed:
    • a copy from the cadastre regarding the apartment as a part of the building with a note that the document is intended for making entries in the land and mortgage register (issued by the district office),
    • a copy from the cadastre regarding the land (of which the apartment is a part), along with an excerpt from the cadastral map with an annotation that this document is intended for entry in the land and mortgage register (issued by the district office),),
    • certificate that the apartment is sufficiently independent to establish a separate apartment ownership (issued by the district office),
    • floor plans of the building where the apartment is located, with the premises and rooms belonging to it marked (e.g. from construction documentation or prepared separately by a person with building qualifications),
    • if the apartment is the first one that is separating in a given building, the additionally a copy from the cadastre for the building (from the building file) with an annotation that this document is intended for entry in the land and mortgage register (issued by the district office),
    • if the land, where the apartment is located, is subject to a mortgage, easement or other encumbrance (e.g., a right of life), these encumbrances shall pass to the newly separated apartment ownership; if the parties want these encumbrances not to pass to the gifted apartment, it is needed a declaration of a mortgage creditor (e.g., a bank), or a person entitled to an easement or other right, in which they agree to detach the apartment from the land without encumbering it with a mortgage, easement or other right; this statement requires written form with a signature validated by a notary (except for a bank mortgage, against which a written statement by the bank is sufficient).

Act of establishing apartment ownership (in condominium/commonhold)

An apartment (or commercial property or a garage), which have not yet been established as a separate ownership, may be constituted together with a contract of sale or gift of this aparment. See bookmarks regarding the gift of real property or the sale of apartment.


It is also allowed to establish a separate ownership of the aparment by its owner through a unilateral legal act, which requires the form of a notarial act, otherwise is null and void.


The following documents are necessary to establish separate ownership of the apartment (and also to register is separately in the land and mortgage register):

  • ID card of the present party (an owner of the building)
  • a document confirming that the owner has acquired the land, e.g. a copy of a notarial act of a previous contract of gift, sale etc.; a court decision confirming the succession or a notarial certificate of inheritance (if the land was inherited); a contract or a court decision on the division of succession or termination of tenancy in common of real property,
  • number of the land in land and mortgage register (usually provided in one of the above documents)
  • if the land was inherited by the owner or gifted to him (in case of a gift, made after 1 January 2007), then also a certificate from the Head of the Tax Office stating that the inheritance and gift tax has been paid or that the acquisition was exempted from the tax,
  • a copy from the cadastre regarding the apartment as a part of the building with a note that the document is intended for making entries in the land and mortgage register (issued by the district office),
  • a copy from the cadastre regarding the land (of which the apartment is a part), along with an excerpt from the cadastral map with an annotation that this document is intended for entry in the land and mortgage register (issued by the district office),),
  • certificate that the apartment is sufficiently independent to establish a separate apartment ownership (issued by the district office),
  • floor plans of the building where the apartment is located, with the premises and rooms belonging to it marked (e.g. from construction documentation or prepared separately by a person with building qualifications),
  • if the apartment is the first one that is separating in a given building, the additionally a copy from the cadastre for the building (from the building file) with an annotation that this document is intended for entry in the land and mortgage register (issued by the district office),
  • if the land, where the apartment is located, is subject to a mortgage, easement or other encumbrance (e.g., a right of life), these encumbrances shall pass to the newly separated apartment ownership; if the parties want these encumbrances not to pass to the gifted apartment, it is needed a declaration of a mortgage creditor (e.g., a bank), or a person entitled to an easement or other right, in which they agree to detach the apartment from the land without encumbering it with a mortgage, easement or other right; this statement requires written form with a signature validated by a notary (except for a bank mortgage, against which a written statement by the bank is sufficient).

Contract for building and selling an apartment to a consumer

A contract for building and selling an apartment is concluded between:

  • a real estate developer (entrepreneur who, as part of his business, builds or rebuilds and sells houses or apartments),
  • and a consumer (a natural person acting for purposes not directly related to his business or professional activity).

through which the real property developer obliges to:

  • construct the building; and
  • establish a separate ownership of an apartment and transfer it to the consumer; or
  • build on a land a single-family house and transfer it to the consumer.

whereas the consumer obliges to pay for the the acquisition of this right.


Similar requirements apply to other contracts that are subject to the provisions of the Act on the Protection of the Rights of the Buyer of an Apartment or Single-Family House and the Development Guarantee Fund, such as in particular those under which the real property developer obliges to:

  • establish separate ownership of an apartment and transfer it to the consumer (sale and separation of the apartment in the case of an already constructed building),
  • transfer of the title to apartment to the consumer (sale of apartment in the case of an already constructed building with already separated apartment),
  • transfer to the consumer the title to a single-family house (sale of an already constructed single-family house),
  • contracts obliging to conclude the above agreements, including preliminary agreements.

The above mentioned contracts require the form of a notarial act. In practice, they cover the majority of contracts for the purchase of an apartment on the so-called primary market. The notary’s fee for all these contracts along with court costs (in the land and mortgage register proceedings) are charged in equal parts to the real estate developer and the buyer.


Documents required to conclude a contract with real estate developer as a notarial service:

  • ID cards of present persons,
  • a document confirming that the real estate developer has acquired the land, e.g. a copy of a notarial act of a previous contract of gift, sale etc.; a court decision confirming the succession or a notarial certificate of inheritance (if the land was inherited); a contract or a court decision on the division of succession or termination of tenancy in common of real property,
  • number of the land in land and mortgage register (usually provided in one of the above documents)
  • an administrative decision with a permit for the construction of a building (issued by the municipality/commune office),
  • a copy from the cadastre together with an excerpt from the cadastral map (issued by the district office),
  • an escrow account agreement concluded between the real estate developer and the bank,
  • if the land where the apartment is located, is subject to a mortgage, then it is needed a declaration of a mortgage creditor (e.g., a bank) with a consent to detach the apartment from the land without encumbering it with a mortgage; this statement requires written form with a signature validated by a notary (except for a bank mortgage, against which a written statement by the bank is sufficient),
  • floor plans of the building where the apartment is located, with the premises and rooms belonging to it marked, including auxiliary rooms (as well as the garage when it is sold),
  • documentation of the construction project of the real estate developer:
    • building technology and standard of finishing construction works in the apartment and the building,
    • floor plans of the building and the land use plan,
    • information prospectus of the project of the real estate developer with attachments,
  • in case of a contract of sale of apartment or a contract transferring title to the apartment (conveyance), while the apartment being simultaneously legally separated moreover:
    • a copy from the cadastre regarding the apartment as a part of the building with a note that the document is intended for making entries in the land and mortgage register (issued by the district office),
    • a copy from the cadastre regarding the land (of which the apartment is a part), along with an excerpt from the cadastral map with an annotation that this document is intended for entry in the land and mortgage register (issued by the district office),),
    • certificate that the apartment is sufficiently independent to establish a separate apartment ownership (issued by the district office),
    • if the apartment is the first one that is separating in a given building, the additionally a copy from the cadastre for the building (from the building file) with an annotation that this document is intended for entry in the land and mortgage register (issued by the district office),
    • administrative decision allowing for use of building after completing the construction administratie proceedings,
  • articles of association of the real estate developer being a company (if applicable).

Contract transferring title to real estate (conveyance)

A contract transferring the title to real estate is concluded in the performance of the earlier obligation to transfer the title. The only legal effect of this contract is the change of the owner from the buyer to the seller. The obligation to transfer the title most often results from a contract of sale, donation, or other contract concluded by the parties obliging to transfer ownership, in which parties excluded th transfer of title, e.g. due to the conditional sale or a pre-emption right. A diffrent legal basis for the conveyance can be a contract for building and selling an apartment to a consumer. The conveyance may also be made in performance of an obligation arising from a bequest stipulated in a will or an obligation following from the statute (e.g., from the Art. 231 of the Civil Code concerning the construction of a building on someone else’s land).


Whereas parties conclude a contract transferring the title to real estate in performance of a contract of conditional sale, which is effective only when the right of pre-emption has not been exercised, the following documents are required for a notarial service:

  • ID cards of the present parties (a seller and buyer),
  • a copy of the notarial act including the contract of sale (often the act is stored by the same notary),
  • a proof that the right of pre-emption has not been exercised (usually held by the same notary).


When parties conclude an agreement transferring the title to real estate in performance of a contract for building and selling an apartment to a consumer, the following documents are required for a notarial service:

  • ID cards of the present parties (a seller and buyer),
  • a copy of the notarial act including the contract for building and selling an apartment to a consumer (often the act is stored by the same notary),
  • floor plans of the building where the apartment is located, with the premises and rooms belonging to it marked, including auxiliary rooms (as well as the garage when it is sold),
  • certificate that the apartment is sufficiently independent to establish a separate apartment ownership (issued by the district office),
  • a copy from the cadastre regarding the apartment as a part of the building with a note that the document is intended for making entries in the land and mortgage register (issued by the district office),
  • if the apartment is the first one that is separating in a given building, the additionally a copy from the cadastre for the building (from the building file) with an annotation that this document is intended for entry in the land and mortgage register (issued by the district office),
  • if the land where the apartment is located, is subject to a mortgage, then it is needed a declaration of a mortgage creditor (e.g., a bank) with a consent to detach the apartment from the land without encumbering it with a mortgage; this statement requires written form with a signature validated by a notary (except for a bank mortgage, against which a written statement by the bank is sufficient),
  • administrative decision allowing for use of building after completing the construction administratie proceedings,
  • protocol of acceptance of the apartment or th single-family house by the buyer,
  • articles of association of the real estate developer being a company (if applicable).

Preliminary agreement

The preliminary agreement obliges (one or both parties) to conclude another agreement in the future (e.g. a real estate sale agreement). By itself, it does not yet transfer ownership to the purchaser, nor does it even oblige to transfer ownership, but only to enter into a future contract to do so. The preliminary contract should specify the essential provisions of the future contract (e.g. the subject of sale and price). It may also specify other provisions of the future contract, and also provide for, for example, the date of its conclusion, contractual penalties for breach of the preliminary contract or a down payment. The preliminary agreement does not require the form of a notarial deed to be valid. However, with regard to contracts obliging to transfer ownership of real estate, only a preliminary contract in the form of a notarial deed allows for the future conclusion of a contract of sale before the court (on the basis of a preliminary contract) and only such a contract may be the basis for entering a claim arising from the preliminary contract into the ledger perpetual usufruct (thanks to which it obtains full effectiveness in the event of the sale of real estate to another person).

To conclude a preliminary agreement, it is sufficient to prepare the following documents or information:

  • identity documents of the parties,
  • real estate land and mortgage register number,
  • in the case of a different subject of the agreement, a different document may be needed, e.g. in the case of a preliminary agreement for the sale of shares in a company – the articles of association,
  • if the property being sold belongs to the joint property of the spouses or has other co-owners, the consent of the husband or wife or co-owners in the form of a notarial deed (or their appearance in the deed) is required,
  • if the property being sold is acquired as part of the joint property of the spouses, the consent of the husband or wife in the form of a notarial deed (or their appearance to the deed) is required,
  • if the subject of the future contract is to be agricultural real estate, see the “Agricultural property” tab.

Act of establishment of perpetual usufruct

Land owned by the State Treasury, local government units or their associations may be handed over for perpetual usufruct. This requires the conclusion of a perpetual usufruct agreement between one of these entities and the buyer, which should be concluded in the form of a notarial deed under pain of nullity. As a result, the purchaser obtains the right of perpetual usufruct (while the State Treasury or local government unit retains its ownership right). Within the limits set by the laws and principles of social coexistence and by the agreement on giving the land in perpetual usufruct, the user may use the land to the exclusion of other persons. Within the same limits, the perpetual usufructuary may dispose of his right. Buildings and other facilities erected on land owned by the State Treasury or land belonging to local government units or their associations by the perpetual usufructuary are his property. The same applies to buildings and other equipment that the perpetual usufructuary acquired in accordance with the relevant provisions when concluding a contract for the perpetual usufruct of land. The perpetual usufructuary’s ownership of buildings and equipment on the land used is a right related to perpetual usufruct. The right of perpetual usufruct may be sold and encumbered (in particular with a mortgage). The perpetual usufructuary pays an annual fee for the duration of his right.

The perpetual usufruct agreement should specify not only the person of the buyer, but also specify the content of the perpetual usufruct right. It must specify the method of using the land by the perpetual usufructuary and the period of perpetual usufruct, not longer than 99 years. Putting the built-up land into perpetual usufruct takes place with the simultaneous sale of the buildings and other equipment located on this property. If the land is given for perpetual usufruct in order to erect buildings or other devices on the land, the contract should specify: the date of commencement and completion of works; type of buildings or equipment and the obligation to maintain them in proper condition; conditions and date of reconstruction in the event of destruction or demolition of buildings or devices during the perpetual usufruct period; remuneration due to the perpetual usufructuary for buildings or facilities existing on the land on the date of expiry of the perpetual usufruct.

The following documents are required to conclude a perpetual usufruct agreement by a commune:

  • identity cards of persons representing the buyer and the commune (as a rule, the head of the commune/mayor or the deputy of the commune head/mayor acting on the basis of his/her authorization alone or together with another authorized by the commune head; or a proxy established in the form of a notarial deed),
  • a protocol from the conducted tender (if the land for perpetual usufruct is subject to a tender procedure) or a protocol from negotiations when selling it by way of non-tender,
  • countersignature of the treasurer of the commune (chief accountant of the budget) or a person authorized by him,
  • a document confirming the acquisition of real estate by the commune, e.g. an administrative decision, a notarial copy of a previous donation or sale agreement, etc.,
  • real estate land and mortgage register number (usually provided in one of the above documents),
  • excerpt from the land and building register for the land (issued by the starost),
  • certificate of the purpose of the plot in the spatial development plan or the lack of such a plan in a given area (issued by the head of the commune/mayor),
  • decision on the conditions of development and land development (if issued).

Purchase of perpetual usufruct

The perpetual usufructuary has the right to dispose of his right, including its transfer to other persons by way of, for example, a sale, donation or exchange agreement. Such an agreement requires the form of a notarial deed.

Required information and documents:

  • identity documents of the seller and the buyer, and if they are legal persons, the persons representing them,
    excerpt from the notarial deed of the land perpetual usufruct agreement, and if the seller purchased perpetual usufruct on a different basis, then also the document constituting this basis (e.g. excerpt from the notarial deed of the perpetual usufruct sale agreement, administrative decision, court ruling),
  • real estate land and mortgage register number (usually provided in one of the above documents),
  • excerpt from the land and building register for the land (issued by the starost),
  • if the property is encumbered with a mortgage, an additional bank certificate specifying the amount of debt,
  • certificate of the purpose of the plot in the spatial development plan or the lack of such a plan in a given area (issued by the head of the commune/mayor),
  • decision on zoning and land development conditions (if issued),
    certificate of inclusion of the plot in a simplified forest management plan or the decision referred to in Art. 19 sec. 3 of the Forests Act (issued by the starost), which may be replaced by the seller’s declaration, under pain of criminal liability, that the plot is not covered by the above-mentioned plan and no decision has been issued against it,
  • in the case of sale of perpetual usufruct of agricultural property, see the “Agricultural property” tab.

Purchase of occupancy right in housing cooperative

The transfer of the cooperative ownership right to the premises may take the form of, in particular, the sale of this right, its donation or exchange. It requires the form of a notarial deed under pain of nullity, and if a land and mortgage register is kept for the cooperative ownership right to the premises, also an entry in the land and mortgage register.

Required documents:

  • identity documents of the parties,
  • if the cooperative ownership right to the premises was acquired by the seller on the basis of inheritance or on the basis of a donation (made after January 1, 2007), a certificate from the Head of the Tax Office stating that the inheritance and gift tax has been paid or that the acquisition is exempt from tax,
  • certificate of acquisition of the cooperative ownership right to the premises by the seller (issued by the housing cooperative),
  • certificate of no arrears in fees related to the premises (issued by a housing cooperative),
  • certificate of the absence of persons registered for permanent residence and temporary residence (issued by the head of the commune/mayor),
  • if there is no land and mortgage register established for the cooperative ownership right to the premises, and the buyer requests its establishment, then additionally:
    – certificate of the area and location of the premises needed to establish a land and mortgage register (issued by a housing cooperative),
    – a document confirming the acquisition by the seller of the cooperative ownership right to the premises, e.g. a notarial copy of a previous donation, sale, annuity agreement; decision on the allocation of premises or on the transformation of the law; a court decision confirming the acquisition of an inheritance or an act of inheritance certification (if the right has been inherited); an agreement or a court decision on the division of inheritance or the abolition of the cooperative ownership right to the premises,
  • if a separate land and mortgage register is kept for the cooperative ownership right to the premises, then the land and mortgage register number (e.g. given in the certificate issued by the housing cooperative),
  • energy performance certificate for the premises (issued by the person authorized to issue certificates in the light of the register; it may also be provided to the holder of the cooperative ownership right to the premises at his request by the housing cooperative pursuant to Article 9(2) of the Act of 29 August 2014 on energy performance buildings).
  • abridged copy of the seller’s marriage certificate, if the seller’s name visible in the document constituting the basis for the purchase or in the land and mortgage register is different from the current one,
  • if the right to be transferred belongs to the joint property of the spouses or has other co-owners, the consent of the husband or wife or co-owners in the form of a notarial deed (or their appearance in the deed) is required,
    if the right to the joint property of the spouses is acquired, the consent of the husband or wife in the form of a notarial deed (or their appearance in the deed) is required,
  • if the seller or buyer is a minor or incapacitated, a legally valid court decision is needed allowing for an activity exceeding the ordinary management of his property and a document confirming the right to manage his property (in the case of a mother or father – an abbreviated copy of the child’s birth certificate),
  • if the cooperative ownership right to the premises is encumbered with a mortgage, an additional statement of the bank or other creditor specifying the amount of debt; or (if the mortgage expired as a result of the total repayment of the secured debt) a bank’s certificate on the total repayment of the secured debt and the expiry of the mortgage (in the case of a creditor other than the bank, a written statement of this content with a notarized signature is required).

Transformation of rights in housing co-op into apartment ownership

Under the conditions set out in the regulations, a person entitled to a cooperative ownership right to a flat or a cooperative tenancy right to a flat (and sometimes another person, e.g. a tenant of the flat) may demand that his right be transformed into a separate right of ownership to the flat. It is required to meet the conditions set out in a given provision, and then conclude an agreement between the entitled person and the cooperative transferring the ownership of the premises (usually at the same time establishing separate ownership of this premises). This agreement requires the form of a notarial deed under pain of nullity. The right to transform the premises into separate ownership may be vested in, among others:

  • entitled to a cooperative tenancy right to a dwelling, if he has repaid his liabilities in the relevant part and is not in arrears with fees for the use of the premises at the request of that person in accordance with Art. 12 of the Act of 15 December 2000 on housing cooperatives,
  • entitled to a cooperative ownership right to a dwelling, if he has repaid his liabilities in the relevant part and is not in arrears with fees for the use of the premises at the request of that person in accordance with Art. 17(14) of the Act of 15 December 2000 on housing cooperatives,
  • a tenant of commercial premises belonging to a housing cooperative, as well as a tenant of a studio used by the artist to conduct activities in the field of culture and art, who fully incurred the costs of construction of this premises or were incurred by his legal predecessors at the request of that person in accordance with Art. 39 of the Act of 15 December 2000 on housing cooperatives.

Documents necessary to conclude an agreement transferring the ownership of the premises to the entitled person:

  • identity documents of the parties,
  • a document confirming the acquisition of real estate by the cooperative, e.g. a copy of a notarial deed of a previous sale agreement, an administrative decision (in the case of enfranchisement),
  • real estate land and mortgage register number (usually provided in one of the above documents),
  • extract from the National Court Register for a housing cooperative or data needed to obtain a printout from the Central Information of the National Court Register,
  • statute of a housing cooperative,
  • a resolution of a housing cooperative adopted pursuant to Art. 42 of the Act of 15 December 2000 on housing cooperatives,
  • if separate ownership of the premises is established only with the transfer of ownership to the buyer, then additionally:
    • excerpt from the register of land and buildings for the premises (from the register or file of the premises) with an annotation that the document is intended for making entries in the land and mortgage registers,
    • excerpt from the register of land and buildings for the real estate (land), of which the premises are a part, with a note that the document is intended for making entries in the land and mortgage register (issued by the staroste),
    • certificate of independence of the premises (issued by the starost),
    • floor plans of the building on which the premises or rooms belonging to it are located, with the premises and rooms belonging to it marked (e.g. from construction documentation or prepared separately by a person with building qualifications),
  • certificate of acquisition of the cooperative ownership or tenancy right to the premises (or lease right) by the seller (issued by the housing cooperative),
  • a document confirming the acquisition by the authorized cooperative ownership or tenancy right to the premises (or lease right), e.g. a copy of a notarial deed of a previous donation, sale, life annuity (or lease) contract; decision on the allocation of premises or on the transformation of the law; a court decision confirming the acquisition of an inheritance or an act of inheritance certification (if the right has been inherited); an agreement or a court decision on the division of inheritance or the abolition of the cooperative ownership right to the premises,
  • certificate of meeting the conditions entitling to conversion, in particular of no arrears in fees (issued by a housing cooperative),
  • if the premises for sale belong to the joint property of the spouses or have other co-owners, the consent of the husband or wife or co-owners in the form of a notarial deed (or their appearance in the deed) is required,
  • if the premises to be sold are acquired as part of the joint property of the spouses, the consent of the husband or wife in the form of a notarial deed (or their appearance in the deed) is required.

Contract of termination of tenancy in common

Ordinary (share) joint ownership may be abolished by agreement or court decision. An agreement on the abolition of co-ownership of real estate requires the form of a notarial deed under pain of nullity. It is concluded by all co-owners (regardless of the size of their shares). Co-ownership may be abolished in one of the following ways.

Firstly, it is permissible to physically divide the property by separating its physical parts to individual co-owners. Separation of part of the land property requires prior obtaining of a final decision approving the division of the property (issued by the head of the commune/mayor), while separation of part of the building in the form of separating premises requires prior obtaining of a certificate of independence of the separated premises (issued by the starost). The parties may, but do not have to, agree on the obligation to make mutual payments for the acquired parts of the real estate (e.g. if their value is disproportionate). Secondly, it is possible to abolish co-ownership by taking over the property in its entirety by one of the co-owners. As a result of concluding such an agreement, one of the co-owners becomes the sole owner of the property, and the others lose their rights. The parties may or may not agree that the co-owner taking over the property is obliged to pay off the rest.

The following documents are required to conclude an agreement on the abolition of co-ownership of real estate by its physical division or acquisition:

  • ID cards of the appearing parties (all co-owners),
  • a document indicating the basis for the acquisition of real estate by co-owners; e.g. a copy of a registered notarial deed of inheritance certification or a final court decision confirming the acquisition of inheritance; extract of a notarial deed with a contract of donation, sale, etc.,
  • real estate land and mortgage register number (usually provided in one of the above documents),
    if the acquisition of real estate by the co-owners was based on inheritance or on the basis of an earlier donation (made after January 1, 2007), then also a certificate from the Head of the Tax Office stating that the inheritance and gift tax has been paid or that the acquisition is exempt from tax,
  • if the share in the co-ownership of one of the co-owners belongs to the joint property of his/her spouse, the consent of the spouse in the form of a notarial deed is required (or his/her appearance in the deed),
  • if one of the co-owners is a minor or incapacitated, a legally valid court decision is needed allowing for the performance of activities exceeding the ordinary management of his property and a document confirming the right to manage his property (in the case of a mother or father – an abbreviated copy of the child’s birth certificate),
  • in addition, with regard to particular types of real estate (land, premises), documents concerning this real estate are required, as specified above in relation to the donation of real estate – see the Donation tab.

In addition, it is possible to abolish the co-ownership of real estate by selling the common real estate to a third party (not being a co-owner), i.e. the so-called civil division. In this case, the contract requirements correspond to the sales contract – see tabs “Sale of land” or “Sale of premises”.

Exchange of real estates

The parties may conclude an agreement under which one of them undertakes to transfer the ownership of real estate to the other party, which in return undertakes to transfer the ownership of another real estate (exchange). Such an agreement, if it concerns real estate, requires the form of a notarial deed under pain of nullity.

To do this, you need the same documents as listed above for the donation – see the Donation tab.

Contract for establishing right for habitation and subsistence for life in exchange for real estate

An annuity agreement consists in the fact that the seller (annuitant) transfers ownership of the real estate to the buyer, and in return the buyer of this real estate undertakes to provide the seller with lifelong maintenance (annuity agreement), including, unless the parties agree otherwise, clothes, light and fuel, adequate help and care in case of illness, and arrange for him a funeral at his own expense in accordance with local customs. This agreement requires the form of a notarial deed under pain of nullity.

To conclude an annuity contract, you need the same documents as listed above for a gift – see the Donation tab. The life annuity contract may additionally cover the establishment of an easement of flat for the life annuitant, guaranteeing him the possibility of living in a given real estate for life, accepting his spouse, children and other persons there, if they are maintained by him or needed for running a household.

Establishment of usufruct (a right to use and take profits; life estate)

The owner may establish a right of use for any natural or legal person, which consists in the user having the right to use the thing and to collect its benefits. This right is effective against each real estate owner, but the user cannot transfer it to another person and it expires at the latest upon his death. Establishment of usufruct requires the form of a notarial deed, if it concerns real estate. It can be paid or free of charge. Appearance to the notarial deed of the property owner is sufficient (the user may consent to the acquisition of the right in any form).

Necessary documents and information:

  • identity documents of the parties,
  • a document confirming the purchase of real estate by the donor, e.g. an extract from a notarial deed of a previous donation, sale or life annuity agreement; a court decision confirming the acquisition of an inheritance or an act of inheritance certification (if the property was inherited); land title deed; decision on the allocation of premises (in the case of purchase of premises by allocation from a housing cooperative); administrative decision (in case of enfranchisement); an agreement or a court decision on the division of inheritance or the abolition of co-ownership of real estate,
  • real estate land and mortgage register number (usually provided in one of the above documents),
  • if the real estate was acquired by the donor on the basis of inheritance or on the basis of an earlier donation (made after January 1, 2007), then also a certificate from the Head of the Tax Office stating that the inheritance and gift tax has been paid or that the acquisition is exempt from tax,
  • if the user does not sign a notarial deed, then his, e.g. written consent to acquire the right of use,
  • if the property encumbered with the right of usufruct belongs to the joint property of the spouses or has other co-owners, the consent of the husband or wife or co-owners in the form of a notarial deed (or their appearance in the deed) is required.

The entitled person may waive the right of usufruct on terms similar to those for waiving easements – see tab “Easements” – “Waiver of easements”.

Contract of lease

A lease agreement, even if it concerns real estate (land, building, premises), in principle does not require the form of a notarial deed. If the parties wish to disclose the lease right in the land and mortgage register, they should conclude the lease agreement at least in writing with a notarized signature. However, the parties may voluntarily give the lease agreement the form of a notarial deed (then, in addition to the identity documents of the appearing parties, the land and mortgage register number for the real estate and the energy performance certificate of the building or premises should be prepared). The notarial deed requirement applies to certain aspects or varieties of occasional and institutional rentals. These are special forms of renting a dwelling.

An occasional lease agreement for residential premises allows for a more flexible arrangement of the rights and obligations of the parties, compared to an ordinary lease agreement for a residential premises. It is more favorable for the landlord, because the conditions for its termination are milder, and the execution from the premises (eviction) is simpler. An occasional lease agreement may be concluded by the owner who is a natural person and does not run a business in the field of renting premises. This agreement does not require the form of a notarial deed, but only a written form under pain of nullity. It should be concluded for a definite period not longer than 10 years. The owner reports the conclusion of the occasional lease agreement to the head of the tax office competent for the owner’s place of residence within 14 days from the date of commencement of the lease.

A necessary appendix to the occasional lease agreement is the tenant’s statement, submitted obligatorily in the form of a notarial deed, in which the tenant submitted to enforcement and undertook to vacate and hand over the premises used under the occasional lease agreement within the time limit indicated in the landlord’s request (submitted in accordance with the provisions of the ). This is the only element related to occasional lease that requires the form of a notarial deed. To submit a tenant’s statement, it is sufficient for the tenant to appear. The following documents are needed:

  • ID cards of appearing persons,
  • an occasional lease agreement concluded in accordance with the requirements of the Act,
    a written indication by the tenant of another premises in which he will be able to live in the event of execution of the obligation to empty the premises,
  • a written statement of the owner of the premises (or a person having a different legal title to the premises) on consent to the tenant and persons living with him/her living in the premises indicated in the statement; at the landlord’s request, such a written statement with a notarized signature is required.

An institutional lease agreement is also a special form of lease of residential premises, which is more favorable for the lessor, e.g. facilitating the termination of the lease and execution from the premises (eviction). In contrast to the occasional lease agreement, it is concluded by the lessor (natural or legal person) who conducts business activity in the field of renting premises. An institutional lease agreement does not require a notarial deed, but only a written form. It should be concluded for a fixed period.

A necessary attachment to the institutional lease agreement is the tenant’s statement, submitted in the form of a notarial deed, in which the tenant submitted to enforcement and undertook to vacate and hand over the premises used under the institutional lease agreement within the time limit indicated in the landlord’s request (submitted in accordance with the Act), and acknowledged that if it is necessary to perform the above obligation, the right to rent social premises or temporary premises is not entitled. To submit a tenant’s statement, it is sufficient for the tenant to appear. The following documents are needed:

  • ID cards of appearing persons,
  • an institutional lease agreement concluded in accordance with the requirements of the Act.

It is a common practice for the tenant to submit to enforcement not only as to the obligation to return the premises, but also as to the obligation to pay the rent, which additionally strengthens the position of the lessor. Such submission to enforcement by the tenant is admissible, subject to additional conditions (e.g. specifying the amount up to which the tenant submits to enforcement), but it constitutes a separate notarial act and requires a separate statement – see tab “Mortgage and other collateral” – “Submission to enforcement”.

A special form of an institutional lease agreement is an institutional lease with ownership. It is an agreement based on which the owner of a residential premises, conducting business activity in the field of renting premises, undertakes to hand over the premises to the tenant for use for a fixed period of time in exchange for rent, and the tenant obtains the right to transfer the ownership of the dwelling to him, along with the rights necessary to use from this premises at the latest on the day of termination of the lease agreement after paying the price for the premises. The conclusion of such an agreement requires the form of a notarial deed under pain of nullity.

After meeting the conditions for the purchase of the premises between the landlord and the buyer, and in particular the payment of the purchase price agreed by the parties, a separate agreement is concluded transferring the ownership of the premises to the tenant, which also requires the form of a notarial deed (see the tab “Agreement transferring the ownership of real estate”). The landlord’s claim is secured by a mortgage, while the buyer’s future claim to transfer ownership of the premises is disclosed in the land and mortgage register. An institutional lease agreement with access to ownership may also be concluded by entities building and renting apartments as part of a social housing initiative (so-called SIMs) in accordance with the Act of 26 October 1995 on social forms of housing development.

The following documents are required to conclude an institutional lease agreement with access to ownership:

  • identity documents of the appearing parties (tenant and landlord or persons representing him),
  • if the lessor is a SIM, also the articles of association or articles of association or articles of association of a social housing association,
  • a document confirming the lessor’s purchase of the real estate on which the residential building is located, e.g. a notarial copy of a previous donation or sale agreement, etc.; a court decision confirming the acquisition of an inheritance or an act of inheritance certification (if the property was inherited); administrative decision,
  • a document confirming the creation of separate ownership of the rented premises, e.g. a copy of a notarial deed with a unilateral act of establishing separate ownership of the premises,
  • land and mortgage register number of the premises (usually provided in one of the above documents),
  • if the purchase of real estate by the lessor was based on inheritance or on the basis of an earlier donation (made after January 1, 2007), also a certificate from the Head of the Tax Office stating that the inheritance and gift tax has been paid or that the acquisition is exempt from tax,
  • if the rented premises is to be acquired as part of the joint property of the spouses after the acquisition of ownership, then the consent of the husband or wife in the form of a notarial deed (or their appearance in the deed) is required,
  • certificate of energy performance of the building or premises (issued by a person authorized to issue certificates in the light of the register).
  • the consent of the creditor secured by the mortgage for the transfer of ownership of the dwelling without encumbrance, together with the rights necessary to use the premises, after payment of the entire sale price by the tenant, if such a mortgage encumbrance exists.

Agricultural lands

Sale of agricultural land

Trade in agricultural real estate is significantly limited by the Act of 11 April 2003 on shaping the agricultural system. First of all, according to this act, the buyer of agricultural real estate (its ownership, co-ownership, perpetual usufruct) can only be an individual farmer, and another person needs a prior consent to purchase issued by the Director General of the National Support Center for Agriculture (KOWR).

Agricultural property is:

  • real estate intended for agricultural purposes in the local spatial development plan or
  • real estate that is or may actually be used for agricultural purposes, which is verified by the notary primarily on the basis of an extract from the register of land and buildings and possibly statements of the parties.

Restrictions on the purchase of agricultural real estate also do not apply to e.g. for agricultural properties:

  • with an area of less than 0.3 ha,
  • being internal roads,
  • where land marked in the land and building register as land under ponds constitutes at least 70% of the real estate area,
  • located within the administrative borders of cities, if a resolution has been passed to determine the location of a residential or accompanying investment in relation to them, and the sale takes place in order to implement this investment,
  • which as at April 30, 2016 in the final decisions on land development and development conditions are intended for purposes other than agricultural.

Real estate which is not agricultural at all or falls under the above exclusions is sold on the terms applicable to ordinary land properties, and therefore for its sale see tab “Real estate” – “Sale of land”.

However, the limitation of the possibility of purchasing agricultural real estate to individual farmers or persons having the consent of the Director of the KOWR does not apply to selected situations in which the sale of agricultural real estate may take place without this restriction. These exceptions are detailed in Art. 2a sec. 3 of the Act of 11 April 2003 on shaping the agricultural system. The most important of them include:

  • purchase of agricultural real estate by a person close to the seller; a person close to the seller is considered to be parents, children, grandparents, grandchildren, further ascendants and descendants, siblings, children of siblings, siblings of parents, spouse, adopters and adopted persons and stepchildren,
  • purchase of agricultural property with an area of less than 1 ha,
  • acquisition of agricultural property as a result of inheritance and debt collection,
  • acquisition of agricultural property as a result of the abolition of co-ownership, division of joint property after the dissolution of marriage and division of inheritance.

In other cases, only an individual farmer or a person authorized by the Director of the KOWR for the purchase may be the purchaser of agricultural property. The following documents are then required to sell this property:

  • identity documents of the parties,
  • (a) decision of the KOWR Director on consent to the purchase of agricultural property or (b) documents confirming that the buyer, being a natural person, is an individual farmer, and the area of the purchased agricultural property together with the area of agricultural property constituting his family farm may not exceed area of 300 ha of agricultural land:
    • evidence confirming that the buyer personally runs a farm – a written statement of the buyer that he personally runs a farm, working on it and making all decisions regarding farming on this farm,
    • proof confirming that the buyer lives in the commune in which one of the agricultural real estates included in the farm is located – certificate of registration for permanent residence (additionally, if the agricultural real estate purchased is not located in the commune in which the buyer has his place of residence or in a commune bordering on that commune, the lessee or the State Treasury for which the KOWR operates may have the right of pre-emption of agricultural real estate),
    • proof confirming that the buyer runs a family farm, where the total area of agricultural land is not more than 300 ha – a written statement of the buyer, indicating the total area of ​​all agricultural land of which the buyer is the owner, perpetual usufructuary, owner or lessee,
    • proof of agricultural qualifications by the buyer – a diploma of graduation (including agriculture, horticulture, veterinary medicine, agricultural and forestry technology), a high school diploma or a diploma confirming professional qualifications (including a farmer, gardener, mechanic-vehicle operator and agricultural machinery, farmer technician, gardener technician), or documents confirming work experience in agriculture (e.g. agricultural property contracts, employment certificate, internship certificate), in accordance with the requirements set out in detail in Art. 6 and Art. 7 sec. 8-9 of the Act of 11 April 2003 on shaping the agricultural system and regulations, Regulation of the Minister of Agriculture and Rural Development of 17 January 2012 on agricultural qualifications held by persons engaged in agricultural activity,
  • a document confirming the purchase of real estate by the seller, e.g. an extract from a notarial deed of a previous donation, sale or life annuity agreement; a court decision confirming the acquisition of an inheritance or an act of inheritance certification (if the property was inherited); land title deed; administrative decision (in case of enfranchisement); an agreement or a court decision on the division of inheritance or the abolition of co-ownership of real estate,
  • real estate land and mortgage register number (usually provided in one of the above documents),
  • if the purchase of real estate by the seller was based on inheritance or on the basis of a donation (made after January 1, 2007), then also a certificate from the Head of the Tax Office stating that the inheritance and gift tax has been paid or that the acquisition is exempt from tax,
  • excerpt from the land and building register for the land (issued by the starost),
  • if the property is encumbered with a mortgage, an additional bank certificate specifying the amount of debt,
    certificate of the purpose of the plot in the spatial development plan or the lack of such a plan in a given area (issued by the head of the commune/mayor),
  • decision on zoning and land development conditions (if issued),
  • certificate of inclusion of the plot in a simplified forest management plan or the decision referred to in Art. 19 sec. 3 of the Forests Act (issued by the starost), which may be replaced by the seller’s declaration, under pain of criminal liability, that the plot is not covered by the above-mentioned plan and no decision has been issued against it,
    certificate of the location of the plot in the revitalization area or the Special Revitalization Zone (issued by the head of the commune/mayor),
  • in the case of land developed with any building, an energy performance certificate for this building (issued by a person authorized to issue certificates in the light of the register),
  • abridged copy of the seller’s marriage certificate, if the seller’s name visible in the document constituting the basis for the purchase or in the land and mortgage register is different from the current one,
  • if the property being sold belongs to the joint property of the spouses or has other co-owners, the consent of the husband or wife or co-owners in the form of a notarial deed (or their appearance in the deed) is required,
  • if the property being sold is acquired as part of the joint property of the spouses, the consent of the husband or wife in the form of a notarial deed (or their appearance in the deed) is required; then it is sufficient if one of the spouses (regardless of which one) meets the requirements set out in the Act regarding the purchaser of agricultural real estate,
  • if only part of the property is sold (separation of the plot), then:
    • final decision approving the division of real estate (issued by the head of the commune/mayor),
    • excerpt from the register of land and buildings along with an excerpt from the land cadastral map with an annotation that this document is intended for entry in the land and mortgage register (issued by the staroste).

In some cases of the purchase of agricultural real estate by an individual farmer, the right of pre-emption of this real estate may be vested in the lessee of this real estate or the State Treasury, for which the KOWR operates (see Article 3 of the Act of 11 April 2003 on shaping the agricultural system). Then the parties conclude a contract for the sale of agricultural real estate, provided that the entitled party does not exercise its right of pre-emption. After ascertaining that the right of pre-emption has not been exercised (or the deadline for its exercise has expired), the parties enter into a separate agreement transferring ownership in performance of the previous conditional agreement (see the tab “Real estate trade” – “Agreement transferring ownership of real estate”).

Gift of agricultural land

Trade in agricultural real estate is significantly limited by the Act of 11 April 2003 on shaping the agricultural system. First of all, according to this act, the buyer of agricultural real estate (its ownership, co-ownership, perpetual usufruct) can only be an individual farmer, and another person needs a prior consent to purchase issued by the Director General of the National Support Center for Agriculture (KOWR). This also applies to the gift of real estate.

Agricultural property is:

  • real estate intended for agricultural purposes in the local spatial development plan or
  • real estate that is or may actually be used for agricultural purposes, which is verified by the notary primarily on the basis of an extract from the register of land and buildings and possibly statements of the parties.

Restrictions on the purchase of agricultural real estate also do not apply to e.g. for agricultural properties:

  • with an area of less than 0.3 ha,
  • being internal roads,
  • where land marked in the land and building register as land under ponds constitutes at least 70% of the real estate area,
    located within the administrative borders of cities, if a resolution has been passed to determine the location of a residential or
  • accompanying investment in relation to them, and the sale takes place in order to implement this investment,
  • which as at April 30, 2016 in the final decisions on land development and development conditions are intended for purposes other than agricultural.

Real estate that is not agricultural at all or is covered by the above exclusions may be donated on the terms applicable to ordinary land real estate, and therefore, as to its donation, see the Donation tab.

However, the limitation of the possibility of purchasing agricultural real estate to individual farmers or persons having the consent of the Director of the KOWR does not apply to selected situations in which the donation of agricultural real estate may take place without this restriction. These exceptions are detailed in Art. 2a sec. 3 of the Act of 11 April 2003 on shaping the agricultural system. The most important of them include:

  • purchase of agricultural real estate by a person close to the seller; a person close to the seller is considered to be parents, children, grandparents, grandchildren, further ascendants and descendants, siblings, children of siblings, siblings of parents, spouse, adopters and adopted persons and stepchildren,
  • purchase of agricultural property with an area of less than 1 ha,
  • acquisition of agricultural property as a result of inheritance and debt collection,
  • acquisition of agricultural property as a result of the abolition of co-ownership, division of joint property after the dissolution of marriage and division of inheritance.

In other cases, only an individual farmer or a person authorized by the Director of the KOWR for the purchase may be the purchaser of agricultural property. The following documents are then required to donate this property:

  • identity documents of the parties,
  • (a) decision of the Director of the KOWR on consent to the purchase of agricultural real estate or (b) documents confirming that the beneficiary, being a natural person, is an individual farmer, and the area of the purchased agricultural real estate together with the area of agricultural real estate constituting his family farm may not exceed area of 300 ha of agricultural land:
    • evidence confirming that the recipient personally runs a farm – a written statement of the recipient that he personally runs a farm, working on it and making all decisions regarding the conduct of agricultural activities on this farm,
    • proof confirming that the beneficiary lives in the commune in which one of the agricultural properties included in the farm is located – a certificate of registration for permanent residence,
    • proof confirming that the beneficiary runs a family farm, where the total area of agricultural land is not more than 300 ha – a written statement of the beneficiary, indicating the total area of all agricultural land of which the beneficiary is the owner, perpetual usufructuary, independent owner or lessee,
    • proof of agricultural qualifications by the recipient – a diploma of graduation (including agriculture, horticulture, veterinary medicine, agricultural and forestry technology), a high school diploma or a diploma confirming professional qualifications (including a farmer, gardener, mechanic-vehicle operator and agricultural machinery, farmer technician, gardener technician), or documents confirming work experience in agriculture (e.g. contracts for agricultural real estate, employment certificate, internship certificate), in accordance with the requirements set out in detail in Art. 6 and Art. 7 sec. 8-9 of the Act of 11 April 2003 on shaping the agricultural system and regulations, Regulation of the Minister of Agriculture and Rural Development of 17 January 2012 on agricultural qualifications held by persons engaged in agricultural activities,
  • a document confirming the purchase of real estate by the donor, e.g. a copy of a notarial deed of a previous agreement you donations, sales, annuities; a court decision confirming the acquisition of an inheritance or an act of inheritance certification (if the property was inherited); land title deed; administrative decision (in case of enfranchisement); an agreement or a court decision on the division of inheritance or the abolition of co-ownership of real estate,
  • real estate land and mortgage register number (usually provided in one of the above documents),
  • if the property was acquired by the donor on the basis of inheritance or on the basis of a donation (made after January 1, 2007), then also a certificate from the Head of the Tax Office stating that the inheritance and gift tax has been paid or that the acquisition is exempt from tax,
  • excerpt from the land and building register for the land (issued by the starost),
    if the property is encumbered with a mortgage, an additional bank certificate specifying the amount of debt,
  • certificate of the purpose of the plot in the spatial development plan or the lack of such a plan in a given area (issued by the head of the commune/mayor),
  • decision on zoning and land development conditions (if issued),
  • certificate of inclusion of the plot in a simplified forest management plan or the decision referred to in Art. 19 sec. 3 of the Forests Act (issued by the starost), which may be replaced by the donor’s declaration, under pain of criminal liability, that the plot is not covered by the above-mentioned plan and no decision has been issued against it,
    an abridged copy of the donor’s marriage certificate, if the donor’s name visible in the document constituting the basis for the purchase or in the land and mortgage register is different from the current one,
  • if the donated property belongs to the joint property of the spouses or has other co-owners, the consent of the husband or wife or co-owners in the form of a notarial deed (or their appearance in the deed) is required,
    if the property is purchased as part of the joint property of the spouses, it is sufficient if the requirements set out in the Act regarding the purchaser of agricultural property are met by one of the spouses (regardless of which one),
  • if only a part of the property is donated (separation of a plot), then:
    • final decision approving the division of real estate (issued by the head of the commune/mayor),
    • excerpt from the register of land and buildings along with an excerpt from the land cadastral map with an annotation that this document is intended for entry in the land and mortgage register (issued by the staroste).

In some cases of the purchase of agricultural real estate by an individual farmer on the basis of a donation, the State Treasury, for which the KOWR operates, may be entitled to purchase this real estate against payment of a price (see Article 4 of the Act of 11 April 2003 on shaping the agricultural system). This right is exercised by a declaration made by the KOWR to the buyer of agricultural real estate. Irrespective of whether it is performed, the parties do not have to conclude a contract for the donation of agricultural real estate, provided that the entitled person does not exercise his right of purchase. Therefore, they contain only one donation agreement (unconditional), and whether the purchase right will be exercised is up to the KOWR decision.

Lease of agricultural land

A lease agreement allows for the transfer of agricultural property (as well as other land property) to another person for use and deriving benefits, for a definite or indefinite period, in exchange for periodically paid rent (or only in exchange for paying taxes and other burdens related to the land by the lessee) , the so-called rent-free lease). The lease agreement does not require the form of a notarial deed. If the parties wish to disclose the lease right in the land and mortgage register, they should conclude the lease agreement at least in writing with a notarized signature.

However, the parties may voluntarily give the lease agreement the form of a notarial deed (then, in addition to the identity documents of the appearing parties, the land and mortgage register number for the real estate should be prepared). If the leased property belongs to the joint property of the spouses or has other co-owners, the consent of the donor’s husband or wife or co-owners in the form of a notarial deed (or their appearance to the deed) is required. The lease of agricultural property is not subject to the restrictions provided for in the Act of 11 April 2003 on shaping the agricultural system (valid, among others, for the sale and donation of agricultural property).

Contract of termination of tenancy of agricultural in common

According to Art. 2a sec. 3 point 10 of the Act of 11 April 2003 on shaping the agricultural system, in the case of abolition of co-ownership of agricultural real estate, the purchaser does not have to be an individual farmer or have the consent of the director of the KOWR to purchase real estate. This is independent of the size of the property, the buyer’s personal characteristics, or the relationship of closeness between the co-owners. The abolition of co-ownership of agricultural real estate follows the rules applicable to ordinary land real estate, and therefore see tab “Real estate” – “Abolition of co-ownership”.

Exemption from special requirements also applies to the division of joint property after the dissolution of marriage and the division of inheritance. However, any restrictions on the purchase of agricultural real estate apply in the case of the so-called civil division, when the co-ownership is abolished by the sale of real estate to a third party (who is not the owner). Then the rules of disposal are the same as for the sale – cf. tab “Sale of agricultural property”.

Contract for transferring a farm in case of retirement to a successor working in the farm

The agreement with the successor is a tool that allows for a generational change in agriculture. It allows the transfer of a farm by a farmer to his successor. By agreement with the successor, the farmer who is the owner (co-owner) of a farm undertakes to transfer to a person at least 15 years younger than him (successor) the ownership (share in co-ownership) and possession of this farm at the moment of acquiring the right to an old-age or disability pension, if the successor until then, she will work on this farm. In addition, the agreement with the successor may contain other provisions, in particular regarding the mutual performance of the parties before and after the transfer of ownership of the farm by the farmer to the successor. Unless otherwise provided in the contract with the successor or in the contract concluded for the performance of this contract, the farmer, after the transfer of ownership of the farm to the successor, may demand from him benefits related to, among others: with lifetime maintenance and housing for the farmer (seller). The agreement with the successor should be concluded in the form of a notarial deed under pain of nullity. It does not yet lead to the acquisition of ownership by the successor. For this purpose, after the farmer acquires the right to an old-age or disability pension, the parties should conclude a separate agreement transferring the ownership of the farm to the successor, also in the form of a notarial deed.

The documents needed to draw up the agreement with the successor and the agreement transferring the ownership of the farm (concluded in performance of the agreement with the successor) are the same as in the case of the donation of agricultural real estate. See the “Donation of agricultural property” tab. Restrictions on the purchase of agricultural real estate most often do not apply due to the fact that the turnover takes place between relatives.

Easements

Establishing a right of way

An easement is a right in rem, which consists in the fact that each owner of one (dominating) property has the right to use another (encumbered) property to a certain extent or to demand that its owner refrain from performing certain actions. The right of easement may be disclosed in the land and mortgage registers (of both real estates) and is effective regardless of who acquires the dominant real estate or the encumbered real estate. Each land easement may be established, for a fee or free of charge, for a definite or indefinite period, by way of an agreement in the form of a notarial deed. However, it is enough to appear in the deed of the owner of the encumbered real estate (the owner of the dominant real estate may consent to the acquisition of the right in any form).

The most common form of easement in practice is the right to drive (pass, drive cattle, etc.) through someone else’s property, i.e. the so-called easement of the road. If the property does not have adequate access to a public road or farm buildings belonging to this property, its owner may request the owners of adjacent land to establish the necessary road easement for remuneration. It is then mandatory to establish the easement of the necessary road. However, if the property has access to a public road, the easement of the road may be established if the owner of the encumbered property agrees to it.

The following documents are required to conclude a road easement agreement:

  • proof of identity of the appearing party (appearance to the act of the owner of the encumbered property through which the road is to run is sufficient),
  • a document confirming the acquisition of the encumbered real estate by the owner, e.g. a notarial copy of a previous donation, sale, life annuity agreement; a court decision confirming the acquisition of an inheritance or an act of inheritance certification (if the property was inherited); land title deed; decision on the allocation of premises (in the case of purchase of premises by allocation from a housing cooperative); administrative decision (in case of enfranchisement); an agreement or a court decision on the division of inheritance or the abolition of co-ownership of real estate,
  • land and mortgage register number of the encumbered property (usually provided in one of the above documents),
  • a document confirming the acquisition of the dominant property by the owner (similar to the above),
  • land and mortgage register number of the dominant real estate,
  • if the purchase of real estate by the owner of the encumbered real estate was based on inheritance or on the basis of an earlier donation (made after January 1, 2007), then also a certificate from the Head of the Tax Office stating that the inheritance and gift tax has been paid or that the acquisition is exempt from tax,
  • an abbreviated copy of the marriage certificate of the owner of one of the properties, if his name visible in the document constituting the basis for the purchase or in the land and mortgage register is different from the current one,
  • if the encumbered property belongs to the joint property of the spouses or has other co-owners, the consent of the husband or wife or co-owners in the form of a notarial deed (or their appearance in the deed) is required,
  • possibly an excerpt from the register of land and buildings (issued by the starost) and a document including marking the course of the road on the map.

Establishing other kinds of easements (e.g., right of support, right of light)

In addition to the easement of the road discussed above, it is permissible to establish easements consisting in using the encumbered property within a specified scope or restricting its owner from using this property in a different way. Then, the same requirements apply as in the case of road easement (see the “Establishment of road easement” tab).

The types of land easements that occur in practice (other than road easements) include:

  • easement of the window, consisting in the possibility of opening the window, which, when opened, exceeds the boundaries of the property,
  • easement of the gutter, giving the possibility of draining water from the gutters on someone else’s land,
  • balcony easement, entitling to have a balcony that extends beyond the property boundary,
  • easement consisting in the use of certain devices located on the dominant property, e.g.:
    • the easement of drawing water from someone else’s well,
    • easement that allows you to join someone else’s household sewage treatment plant,
  • easements that ensure the possibility of using a fragment of someone else’s property, e.g.
    • easement of the home garden,
    • easement of a garage or parking space,
    • pasture easements,
    • servitude allowing to draw water from someone else’s source,
    • easements allowing the use of a staircase located within someone else’s property (premises),
    • a fragment of forest land in order to collect undergrowth or felling a tree, a fragment of land in order to place scaffolding there and make a facade),
  • building easements entitling to founding a part of a building on someone else’s land (sometimes they may be mandatorily established on the basis of an act in accordance with Article 151 of the Civil Code) or basing one’s own building on someone else’s building,
  • prohibitive (passive) easements prohibiting the owner of the encumbered property from certain actions, e.g.:
    • easements prohibiting the conduct of specific business activities (e.g. discos or restaurants),
    • easement of light, prohibiting the maintenance of trees exceeding a certain height, the foundation of a building exceeding a certain height.

Establishment right in rem of habitation (life estate)

An easement is a right in rem that allows a specific person to live in someone else’s real estate (house, premises), as well as to accept a spouse and minor children, and other persons, as long as they are maintained by him or needed for running a household. The easement of an apartment is a personal easement, which means that it encumbers a specific property (and is effective regardless of who acquires the property), but is only entitled to an individually specified natural person (servant). The easement of an apartment is inalienable and expires at the latest upon the death of the servant. It is often established by a person who donated their house or premises to someone close, but would like to reserve the right to live in the donated property for life. An alternative to establishing an easement of an apartment in this situation is the conclusion of a life annuity contract, which, however, gives the annuitant more far-reaching rights (not only to the apartment, but also to, among others, to receive means of subsistence). What’s more, the easement of a flat can be established for a fee or free of charge (for the benefit of any person, not only the person who sells the real estate).

Establishing an easement of an apartment requires the conclusion of an agreement and the form of a notarial deed. However, it is sufficient that only the owner establishing the easement appears in the notarial deed. The servant may consent to the acquisition of the right in any form. The following documents are required to conclude a transmission easement agreement:

  • proof of identity of the appearing party (appearance to the deed of the property owner that establishes the easement of the apartment is sufficient),
  • a document confirming the purchase of real estate by the owner, e.g. a notarial copy of a previous donation, sale or annuity agreement; a court decision confirming the acquisition of an inheritance or an act of inheritance certification (if the property was inherited); land title deed; decision on the allocation of premises (in the case of purchase of premises by allocation from a housing cooperative); administrative decision (in case of enfranchisement); an agreement or a court decision on the division of inheritance or the abolition of co-ownership of real estate,
  • real estate land and mortgage register number (usually provided in one of the above documents),
  • if the real estate was acquired by the real estate owner on the basis of inheritance or on the basis of an earlier donation (made after January 1, 2007), then also a certificate from the Head of the Tax Office stating that the inheritance and gift tax has been paid or that the acquisition is exempt from tax,
  • abridged copy of the marriage certificate of the property owner, if his name visible in the document constituting the basis for the purchase or in the land and mortgage register is different from the current one,
  • if the property belongs to the joint property of the spouses or has other co-owners, the consent of the husband or wife or co-owners in the form of a notarial deed (or their appearance in the deed) is required.

Establishing different kinds of rights in rem to use a land (easements in gross)

The real estate may be encumbered with other personal easements (other than the easement of the apartment discussed in the tab above). All personal servitudes are characterized by the fact that they give an inalienable and non-heritable right to use the encumbered real estate in a specified scope, but they are only vested in an individually defined natural person (and not each owner of a real estate). The content of a personal easement, apart from this difference, may fully correspond to land easements (see the tab “Establishing another land easement”).

The document requirements are as indicated above in relation to easement of the apartment – see tab “Establishment of the easement of the apartment”.

Establishing a right in rem to locate and maintain transmission utilities

Transmission easement is a property right that entitles you to use transmission facilities (used to transmit liquids, steam, gas, electricity, etc.) within someone else’s property. This right may be established for the benefit of the entrepreneur who owns the facilities or intends to build them. The transmission easement may be established for a fee or free of charge. In certain situations, the Act provides for the obligation to establish an easement by the property owner (when establishing an easement is necessary for the entrepreneur to use transmission facilities). An agreement in the form of a notarial deed is required to establish a transmission easement. However, it is sufficient to appear in the deed of the property owner (the entrepreneur’s consent to the acquisition of the easement may be expressed in any form).

The following documents are required to conclude a transmission easement agreement:

  • proof of identity of the appearing party (appearance to the deed of the property owner that establishes transmission easement is sufficient),
  • a document confirming the acquisition of real estate by the owner, e.g. a notarial copy of a previous donation, sale or annuity agreement; a court decision confirming the acquisition of an inheritance or an act of inheritance certification (if the property was inherited); land title deed; decision on the allocation of premises (in the case of purchase of premises by allocation from a housing cooperative); administrative decision (in case of enfranchisement); an agreement or a court decision on the division of inheritance or the abolition of co-ownership of real estate,
  • real estate land and mortgage register number (usually provided in one of the above documents),
  • documents proving that the transmission equipment is owned by the entrepreneur (or that it is intended to build it),
  • a map illustrating the route of transmission lines and the foundation of devices,
  • if the property was acquired by the owner on the basis of inheritance or on the basis of an earlier donation (made after January 1, 2007), then also a certificate from the Head of the Tax Office stating that the inheritance and gift tax has been paid or that the acquisition is exempt from tax,
  • abridged copy of the marriage certificate of the property owner, if his name visible in the document constituting the basis for the purchase or in the land and mortgage register is different from the current one,
  • if the property belongs to the joint property of the spouses or has other co-owners, the consent of the husband or wife or co-owners in the form of a notarial deed (or their appearance in the deed) is required,
  • documents necessary to determine the rules of representation of the transmission entrepreneur, depending on its legal form (e.g. extract from the National Court Register or data necessary to obtain it, articles of association or articles of association, agreement or resolution regarding the management of a housing community, etc.).

Act of renunciation of an easement

The owner of the dominant property may renounce the land easement (e.g. road), and the entitled person may renounce personal easement (e.g. flat) or transmission easement. It is a unilateral legal act of the entitled person, in the case of which the participation of the owner of the encumbered property is not needed. The Act does not require any particular form for the waiver of the easement. However, if the easement is disclosed in the land and mortgage register, it is necessary to maintain a written form with a notarized signature. Then the notary only certifies the authenticity of the signature on the document prepared by the parties themselves. He also does not submit a land and mortgage register application, unless it is expressly requested by the party.

The parties may also, if they wish, make this act in the form of a notarial deed. Then, they should only prepare (apart from identity documents) a copy of the notarial deed covering the establishment of the easement. The notary then submits an application to the land and mortgage register for the deletion of the easement.

A special form of waiver of (future) easement is the consent of the servant to the unencumbered separation of real estate. It is a statement from which it follows that after the division of real estate, as a result of which several real estates are created from one real estate, the easement will not encumber all real estates (as follows from the general rules), because it will not arise on the real estate covered by the consent (renouncement) of the servant. This activity, which requires a written form with a notarized signature, is useful when dividing land real estate (e.g. selling or donating part of the land) and separating premises.

Collaterals, including mortgages

Act of establishing a mortgage

A mortgage is a right in rem that secures a claim, giving the creditor the right to satisfy itself from the real estate up to a specified sum (the so-called mortgage sum), regardless of who it became the property of, and with priority over the personal creditors of the real estate owner. Establishing a mortgage by way of an agreement requires the form of a notarial deed, at least for the declaration of the owner of the mortgaged real estate (the declaration of the other party does not require a special form). A mortgage is one of the most common means of securing a bank loan. In practice, the mortgage is often established in the same notarial deed in which the buyer buys the property with the funds from the loan. You can then establish a mortgage without the bank’s participation, by submitting only the required documents. However, you can also establish a mortgage yourself, in a separate notarial deed. An entry in the land and mortgage register is also necessary to create a mortgage. The mortgage may be encumbered with the ownership right to real estate, perpetual usufruct, cooperative ownership right to premises, shares in these rights and debt secured with a mortgage.

The following documents are required to establish a mortgage:

  • identity documents of the parties,
  • a document confirming the acquisition of real estate by the owner, e.g. an extract from a notarial deed of a donation, sale or annuity agreement; a court decision confirming the acquisition of an inheritance or an act of inheritance certification (if the property was inherited); land title deed; decision on the allocation of premises (in the case of purchase of premises by allocation from a housing cooperative); administrative decision (in case of enfranchisement); an agreement or a court decision on the division of inheritance or the abolition of co-ownership of real estate; in the case of a mortgage established on the cooperative ownership right to the premises, a certificate of acquisition of the cooperative ownership right to the premises is sufficient (issued by the housing cooperative),
  • real estate land and mortgage register number (usually provided in one of the above documents),
  • loan agreement (including consent to establish a mortgage) or a statement issued by the bank pursuant to Art. 95 of the Act of August 29, 1997 – Banking Law confirming the conclusion of the loan agreement, the amount of debt (including interest and other costs of the loan) and consent to mortgage collateral up to a specified sum; in the case of creditors other than the bank, a loan agreement or other document is required from which the secured claim arises, and at least the creditor’s written consent to the purchase of the mortgage (or his appearance in the deed),
  • if other mortgages were previously established on the property, depending on the situation and the will of the parties, it is necessary to:
    • bank statements issued pursuant to Art. 95 of the Act of August 29, 1997 – Banking Law confirming that the loan has been repaid and expressing consent to the deletion of the mortgage from the land and mortgage register – in a situation where the loan has been repaid,
    • no special documents, if the newly established mortgage is to be established and entered last (with the lowest priority in satisfaction in relation to other mortgages),
  • if the purchase of real estate by the owner was based on inheritance or on the basis of a donation (made after January 1, 2007), then also a certificate from the Head of the Tax Office stating that the inheritance and gift tax has been paid or that the acquisition is exempt from tax,
  • if the property is encumbered with another mortgage, an additional certificate from the bank (or another creditor) specifying the amount of debt,
  • abridged copy of the owner’s marriage certificate, if his name visible in the document constituting the basis for the purchase or in the land and mortgage register is different from the current one,
  • if the encumbered property belongs to the joint property of the spouses or has other co-owners, the consent of the husband or wife or co-owners in the form of a notarial deed (or their appearance in the deed) is required,
  • if the owner is a minor or incapacitated, a final court decision is needed allowing for an action exceeding the ordinary management of his property and a document confirming the right to manage his property (in the case of a mother or father – an abbreviated copy of the child’s birth certificate),
  • if the owner is a legal person, an excerpt from the relevant register (e.g. the National Court Register) or the data needed to obtain it from the ICT system is needed, as well as the contract or statute of the legal person and the necessary consents of other authorities, if required; for example, in the case of a housing cooperative, a written consent of those entitled under the cooperative rights to premises in the building on this property is required (even if they are not members of the cooperative) and a resolution of the supervisory board expressing consent to the establishment of a mortgage.

Act of renunciation of a mortgage

The mortgage is waived by way of a unilateral legal action by the mortgage creditor. In order to be able to delete the mortgage from the land and mortgage register, it is necessary to submit a declaration of waiver of the mortgage at least in writing with a notarized signature. In order to delete a mortgage from the land and mortgage register, an owner’s statement is additionally required to consent to such removal (or, alternatively, consent to the entry in the land and mortgage register of the right to dispose of the vacated mortgage place). While maintaining only the written form with a notarized signature, the notary only certifies the authenticity of the signature on the documents prepared by the parties. He also does not submit a land and mortgage register application, unless it is expressly requested by the party.

The mortgage creditor may also submit a declaration of waiver of the mortgage in the form of a notarial deed (similarly to the owner of the property agreeing to the deletion of the mortgage or entry in the book of the right to dispose of the vacated mortgage place). Then, they should only prepare (apart from identity cards) a copy of a notarial deed or other document confirming the establishment of a mortgage. The notary public, depending on the will of the real estate owner expressed in this deed, then submits an application to the land and mortgage register for the deletion of the mortgage or for entering in its place the right to dispose of the vacated mortgage place, which the owner may dispose of in favor of another mortgage creditor (one of the existing or a new, for which he will establish a mortgage) – see tab “Regulation of the vacated mortgage place”.

A special form of waiver of a (future) mortgage is the so-called consent of the mortgage creditor (e.g. bank) for the unencumbered disconnection of the property. This is a statement from which it follows that after the division of the real estate or separating the premises from it, the mortgage will not encumber all real estate (as follows from the general rules), because it will not be created on the part of the real estate (premises) covered by the creditor’s consent (renouncement). This activity, requiring a written form with a notarized signature (except for a bank mortgage, for which a written statement from the bank is sufficient), is useful when dividing land real estate (e.g. selling or donating part of the land) and separating premises.

Disposing of vacated mortgage position

In the event of expiry of the mortgage (or its transfer to another place), the owner of the real estate is entitled, within the limits of the expired mortgage, to dispose of the vacated mortgage place. He may establish a new mortgage in this place or transfer any of the mortgages encumbering the property to it with the consent of the entitled party. Such a mortgage enjoys the priority granted to an expired mortgage. The right to dispose of the vacated mortgage place arises regardless of the reason for which the mortgage expired (e.g. due to full repayment of the secured claim or mortgage waiver), unless the mortgage place became vacant as a result of real estate foreclosure. After the mortgage expires, the owner decides, by submitting a statement and land and mortgage register application with the appropriate wording, whether to consent to the deletion of this mortgage (which will cause the mortgage with a lower priority to take its place) or to retain the right to dispose of the vacated mortgage place in the future. Such a statement must be made in writing with a notarized signature.

The disposal of the vacated mortgage place may take place simultaneously with the deletion of the existing mortgage or after such deletion (if the right to dispose of the place has been disclosed in the land and mortgage register). The regulation follows:

  • for the benefit of a new mortgage creditor for whom a new mortgage is being established – then it is part of the mortgage establishment declaration and the same requirements apply as for the establishment of a mortgage, e.g. the form of a notarial deed is required, and (if the expired mortgage is still entered in the land and mortgage register) additionally a statement from the bank (or other mortgage creditor) is required confirming the repayment of the entire debt secured by the mortgage and the expiry of the mortgage (emptying the mortgage place) – see tab “Establishing a mortgage”,
  • to the hitherto mortgage creditor (who previously had a lower priority than the expired mortgage) – then the disposal of the vacated mortgage place takes place by way of a separate agreement, concluded between the owner and the mortgage creditor (who is to acquire priority), on the transfer of the vacated mortgage place, under which the mortgage creditor priority is given to the expired mortgage; such an agreement requires a written agreement with signatures certified by a notary public, and for its conclusion, in addition to proof of identity of the parties, it is enough to present the bank’s statement on the amount of debt under the mortgage (or a statement from another mortgagee) and (if the mortgage has expired, it is still entered in the land and mortgage register) statement of the bank (or other mortgage creditor) confirming the repayment of the entire debt secured by the mortgage and the expiry of the mortgage (emptying the mortgage place).

Appointment of mortgage administrator

In order to secure with a mortgage several receivables due to different entities, and used to finance the same project, creditors appoint a mortgage administrator. The administrator may be one of the creditors or a third party. The appointment of a mortgage administrator does not require the form of a notarial deed. However, it is the mortgage administrator who should conclude the mortgage agreement and exercise other rights and obligations of the mortgage creditor. The mortgage administrator is entered in the land and mortgage register as the mortgage creditor. Apart from this difference, the requirements for establishing a mortgage in favor of a mortgage administrator do not differ significantly from the general requirements for establishing a mortgage, with the addition of an agreement on the appointment of a mortgage administrator – see Mortgage tab.

Acts concerning registered pledge

The establishment of a registered pledge does not require any notarial form, although the parties may make a notarial deed, for example, an agreement on the establishment of a registered pledge. A special competence of notaries related to the implementation of a registered pledge is to sell the subject of a registered pledge. According to Art. 24 of the Act of 6 December 1996 on registered pledges and the pledge register, the pledge agreement may provide that the pledgee will be satisfied by selling the subject of the registered pledge by way of a public tender conducted by a notary public or a bailiff within 14 days from the date of submission of the pledgee’s application to make a sale.

To carry out such a sale, the following are necessary:

  • proof of identity and application of the pledgee appearing, containing, among others, details of the pledgee, pledger, description of the subject of sale, specifying the value of the subject of the registered pledge (if it has been agreed by the parties) and an indication in whose possession and where the subject of the registered pledge is located, as well as whether and when it can be viewed,
  • a copy of the pledge agreement certified by the pledgee, authorizing the pledgee to be satisfied by sale through a public tender,
  • a copy of the court decision on entering the registered pledge into the pledge register or an excerpt from the pledge register,
  • a copy of the pledgee’s letter to the pledgor, together with proof of delivery or proof of postage, notifying the pledger of the intention to sell the subject of the registered pledge by way of a public tender,
  • an agreement or other document confirming a secured claim.

Notarial deposit

A form of security for the performance of the contract may be depositing money with a notary public for safekeeping. The buyer gives them to the notary for safekeeping, indicating the person of the seller who is entitled to collect the money, e.g. at the appointed time or after the fulfillment of the specified condition. It is then a form of securing the performance of the contract. See the “Deposits” tab.

Act in which a debtor submits to enforcement

The debtor’s submission to enforcement in a notarial deed strengthens the position of the creditor, who will not have to sue the debtor to obtain an enforcement title in the event of the debtor’s default. A notarial deed involving submission to enforcement constitutes an independent enforcement title. After the court has issued an enforcement clause on it, the creditor may conduct enforcement on its basis, while the possible unjustification of the title may be fought by the debtor himself by way of an anti-enforcement action, which means reversing the burden of the proceedings (normally resting on the creditor). Submission to enforcement is usually part of the contract concluded by the parties in the form of a notarial deed (e.g. sale). However, it may be performed as a separate act in the form of a notarial deed.

A notarial deed in which the debtor submitted to enforcement requires only the appearance of that debtor, and in addition to his identity document, a document (e.g. a contract) or documents stating the debtor’s obligation covered by the act of submission to enforcement, as well as stating the creditor’s consideration with the date of its performance .

Powers of attorney and consents

Power of attorney to sell or execute different contracts concerning real property

A special power of attorney authorizes the proxy to conclude a specific contract on behalf of the principal. The subject of the power of attorney may be the conclusion of a contract of sale, donation, abolition of co-ownership or another contract obliging to transfer ownership or transferring ownership of real estate. Such powers of attorney require the form of a notarial deed under pain of nullity.

No specific documents are required except for the applicant’s identity card, which in the case of a power of attorney is only the principal (the participation of the proxy is unnecessary).

Power of attorney to conclude other agreements may be granted. If these contracts themselves do not require the form of a notarial deed, then the power of attorney to conclude them does not require such a form (this applies to, for example, a preliminary contract or a contract for the sale of a movable item). With regard to the share purchase agreement in a limited liability company, which itself requires a written form with notarized signatures, a similar requirement applies to the power of attorney to conclude it.

Some activities, by their very nature, cannot be performed by a proxy as strictly personal (e.g. a will, making assurances necessary to obtain an inheritance certificate).

Power of attorney to execute partnership agreement or articles of association of the company

A power of attorney to conclude a partnership agreement requires the form of a notarial deed only if it is required for an agreement establishing a given type of partnership. The obligation to maintain the form of a notarial deed applies to a limited partnership, a limited joint-stock partnership, a limited liability company, a simple joint-stock company and a joint-stock company (and does not apply to a civil partnership, general partnership and professional partnership).

No specific documents are required except for the applicant’s identity card, which in the case of a power of attorney is only the principal (the participation of the proxy is unnecessary).

Power of attorney to perform a specified series of actions

A power of attorney covering a certain category of activities is admissible. In such a case, the proxy does not have to have a separate power of attorney to perform each separate action, but refers to one power of attorney for all actions of a given type. An example of this so-called A generic power of attorney is a power of attorney to manage real estate, which, at the will of the principal, may include e.g. concluding and performing lease agreements, contracts necessary for the maintenance of real estate, activities needed in the construction process, etc. In principle, such a power of attorney does not require the form of a notarial deed (unless one of the activities covered by it must be made in this form). However, the principal may give it such a form.

No specific documents are required except for the applicant’s identity card, which in the case of a power of attorney is only the principal (the participation of the proxy is unnecessary).

Power of attorney to perform acts of ordinary management, e.g. of a real property (general or universal agency)

The principal may grant another person a power of attorney covering all activities of the principal’s property management. The scope of this power of attorney must be limited to the so-called ordinary management activities. These are typical, repetitive activities that do not cause excessive risk for the principal. A proxy with a general power of attorney does not have to have a separate power of attorney to perform each separate action, but refers to one power of attorney for all activities falling within the scope of ordinary management. This so-called a general power of attorney requires a written form under pain of nullity. However, the principal may give it the form of a notarial deed.

No specific documents are required except for the applicant’s identity card, which in the case of a power of attorney is only the principal (the participation of the proxy is unnecessary).

Consent of the spouse, co-heir or co-owner

The power of attorney is distinguished from the so-called consent of third parties. These are statements of co-entitled persons, e.g. to real estate. The Act requires the consent of these persons in order for an action (e.g. a sales contract, donation, establishment of a mortgage, lease) performed by one of them without the participation of other co-authorized persons to be effective. For example, Art. 37 of the Family and Guardianship Code requires the consent of the spouse for the sale or encumbrance of real estate or a donation made by the other spouse, if the real estate belongs to the joint property of the spouses. Similarly, for the sale and other activities related to the common property, which was made by one of the co-owners or one of the heirs, the consent of the others is required.

The consent of the spouse, co-owner or heir is often given in the same notarial deed in which the contract requiring this consent was made (or is absorbed by the participation of the spouse, co-owner or heir in the act). Such consent may, however, be expressed in a separate notarial deed (even with a completely different notary than the one who documented the conclusion of the contract being the subject of consent). The consent of the spouse, co-owner or heir requires the form of a notarial deed, if this form applies to the activity to which the consent relates. It can be expressed before or after the action. This activity does not require any special documents apart from the identity card of the appearing party, which is only the person giving the consent (and not the other co-authorities).

Enterprises, partnerships, and companies

Transfer of business assets (asset deal)

An enterprise is an organized set of intangible and tangible assets intended for conducting business activity. It may, as an economic whole, be sold on the basis of a sale, donation, exchange agreement or by making a non-cash contribution to the company. The enterprise may also be handed over for use and the benefits collected by another person under a lease agreement. Sale and lease of an enterprise require a written form with a notarized signature. However, if the enterprise includes real estate, it is necessary to maintain the form of a notarial deed.

No specific documents are needed to certify the signature on the business contract (except for the identity cards of the appearing parties, vendor and purchaser). In the case of the sale of an enterprise in the form of a notarial deed, it is necessary to present documents regarding individual components of the enterprise, in particular the real estate belonging to it. These are the same documents that are required for a donation or sale of real estate, depending on which of these acts (sales contract or donation contract) the enterprise is sold – see the “Donation” and “Real estate transactions” tabs.

Articles of general unregistered partnership

Conclusion of a civil law partnership agreement does not require the form of a notarial deed. However, the situation changes if the partners want to contribute real estate as a contribution to the partnership. Then, the notarial deed form is required for the entire articles of association.

No special documents are needed to conclude the articles of association (except for the identity cards of the joining partners). However, if the partners contribute real estate, the documents required for a donation should be prepared – see the Donation tab.

Articles of general registered partnership

Conclusion of a general partnership agreement does not require the form of a notarial deed. According to case-law, a simple written form is sufficient even if the partners undertake to contribute real estate to the partnership as a contribution. A written general partnership agreement with this content is valid, and it is only necessary to conclude an additional agreement transferring the ownership of real estate to the partnership in the form of a notarial deed.

No special documents are needed to conclude a general partnership agreement (except the identity cards of the joining partners). However, if the partners contribute real estate, the documents required for a donation should be prepared – see the Donation tab.

Articles of professional partnership

Conclusion of a partnership agreement does not require the form of a notarial deed. According to case-law, a simple written form is sufficient even if the partners undertake to contribute real estate to the partnership as a contribution. A written partnership agreement with this content is valid, and it is only necessary to conclude an additional agreement transferring the ownership of real estate to the partnership in the form of a notarial deed.

In order to conclude a partnership agreement, in addition to the identity documents of the joining partners, documents certifying their authorization to practice one of the liberal professions referred to in Art. 88 of the Code of Commercial Companies. However, if the partners contribute real estate, then you should prepare the documents required for a donation – see the Donation tab.

Articles of limited partnership

The articles of association of a limited partnership require the form of a notarial deed under pain of nullity. The requirement of the form of a notarial deed also applies to amendments to the articles of association or the accession of a new partner (unless the change of a partner takes place under the procedure of disposal of all rights and obligations of a partner in accordance with the articles of association).

In order to conclude the articles of association of a limited partnership, in addition to the identity documents of the joining partners, documents relating to the items contributed as a contribution are required. If the partners contribute real estate, the documents required for the donation should be prepared – see the Donation tab.

For resolutions adopted in the course of the company’s operation, see the “Protocols” tab.

Articles of limited joint-stock partnership

The form of a notarial deed is required by the articles of association of a limited joint-stock partnership, signed by at least all general partners. In the form of a notarial deed, a declaration of the founders of this company on the establishment of a limited joint-stock partnership and a declaration of shareholders on the acquisition of shares are also submitted. The requirement of the form of a notarial deed also applies to amendments to the articles of association (including the reduction or increase of the share capital, unless it is made pursuant to the provisions of the articles of association). Moreover, the declaration of the general partners on the amount of the subscribed share capital in the case of its “fork” definition requires the form of a notarial deed. The requirement of the form of a notarial deed also applies to the accession of a new general partner, unless it takes place under the procedure of transferring all rights and obligations of the general partner (pursuant to the articles of association).

For a notarial act, including a deed documenting the declarations of the founders of a limited joint-stock partnership on binding the partnership, taking up shares, and possibly the articles of association, apart from their identity cards, documents regarding items contributed as a contribution (in relation to real estate, such as in the case of a donation – see the tab ” Donation”).

For resolutions adopted in the course of the company’s operation, see the “Protocols” tab.

Articles of limited liability company

The articles of association of a limited liability company require the form of a notarial deed under pain of nullity. The requirement of the form of a notarial deed also applies to amendments to the articles of association (including the reduction or increase of the share capital, unless it is made pursuant to the provisions of the articles of association) and the accession of a new shareholder taking up new shares (unless the change of the shareholder takes place in the course of the sale of shares in the company). The form of a notarial deed is also required for all contracts concluded between the company and the sole shareholder of a limited liability company with a member of the management board who is also the only member of its management board.

In order to conclude the articles of association of a limited liability company, in addition to the identity documents of the joining partners, documents regarding the items contributed as a contribution are needed. If the partners contribute real estate, the documents required for the donation should be prepared – see the Donation tab.

For resolutions adopted in the course of the company’s operation, see the “Protocols” tab.

Articles of joint-stock company

The form of a notarial deed is required not only by the articles of association of a joint-stock company, but also by the declaration of the founders of this company on the establishment of a joint-stock company and the acquisition of shares. The requirement of the form of a notarial deed also applies to amendments to the articles of association (including the reduction or increase of the share capital, unless it is made pursuant to the provisions of the articles of association). The Act also requires the form of a notarial deed for all contracts concluded between a joint-stock company and its sole shareholder, who is also the sole member of its management board. The form of a notarial deed is also required for the management board’s statement on the amount of the subscribed share capital in the case of its “fork” determination pursuant to Art. 310 § 2 of the Code of Commercial Companies.

A notarial act, including a deed documenting the declarations of the founders of a joint-stock company on binding the company and taking up shares, requires, in addition to their ID cards, documents regarding items contributed as a contribution (in relation to real estate, such as for a donation – see the “Donation” tab), and sometimes also (if the company conducts regulated activity) additional administrative permits.

For resolutions adopted in the course of the company’s operation, see the “Protocols” tab.

Articles of simple joint-stock company

The articles of association of a simple joint-stock company require the form of a notarial deed under pain of nullity. The form of a notarial deed is also required for resolutions adopted in the course of the company’s operations, if they concern amendments to the articles of association, and also the agreement between the company and the sole shareholder, who is also the sole member of the management board of a simple joint-stock company.

In order to conclude a simple joint-stock company agreement, apart from the identity documents of the joining partners, documents concerning the items contributed as a contribution are needed. If the partners contribute real estate, the documents required for the donation should be prepared – see the Donation tab.

An additional notarial act that may be performed by a notary public in the case of a simple joint-stock company is keeping a register of shareholders. Each simple joint-stock company must conclude an agreement on keeping such a register either with a notary public or with an entity authorized to keep securities accounts.

For resolutions adopted in the course of the company’s operation, see the “Protocols” tab.

Transfer of rights and duties of partner in a partnership

The transfer of all rights and obligations of a partner in a partnership is admissible if the articles of association permit it. This activity does not require the form of a notarial deed, regardless of the form in which the articles of association were concluded and regardless of the composition of the company’s assets. Such a requirement could at most be introduced in the articles of association. The parties may also voluntarily give the concluded contract the form of a notarial deed. Then, in addition to identity documents, you should prepare the articles of association and the data necessary to obtain an extract from the National Court Register.

Transfer of shares in a limited liability company (share deal)

The transfer of shares in a limited liability company is usually done on the basis of a sale or gift agreement, which transfers the shares to the buyer. Such an agreement requires a written form with a notarized signature. In this case, the notary only certifies the signatures of the parties on the document prepared by them. No specific documents other than proof of identity of the parties are required. The parties may, however, decide that the shares be sold in the form of a notarial deed. Then the deed documenting the concluded contract is drawn up by a notary public. Then, you should additionally prepare the articles of association and the data necessary to obtain an extract from the National Court Register.

Transfer of shares in a joint-stock or simple joint-stock company (share deal)

The transfer of shares usually takes place on the basis of a sale or donation agreement, which, together with the fulfillment of the requirements applicable to the transfer of shares (entry in the register), result in the acquisition of all shareholder rights by the buyer. Such an agreement does not require the form of a notarial deed. Such a requirement could at most be introduced in the statute. The parties may also voluntarily make a share purchase agreement in the form of a notarial deed. Then, in addition to identity cards, you should prepare the articles of association of the company, a document showing the status of a shareholder (in private companies – a registration certificate, and in public companies – a certificate of deposit) and the data necessary to obtain an excerpt from the National Court Register.

Recording resolutions and the minutes of meetings and assemblies

See the “Minutes” section.

Other entities

Foundation

A (ordinary) foundation is a legal person that the founder equips with property and establishes for the implementation of socially or economically useful goals, in particular such as: health care, development of the economy and science, education and upbringing, culture and art, social care and assistance, environmental protection and protection of monuments. It differs from a family foundation (referred to in the next tab) in that its task is to achieve a public (and not private) goal. The Foundation (ordinary) works for some important purposes, but not for specific, designated people.

At least three steps are required to establish a foundation: establishing the foundation in the founding deed (requiring the form of a notarial deed), granting the foundation a statute (requiring the form of a notarial deed) and contributing assets to the foundation (requiring the form of a notarial deed, if it concerns real estate). They can be combined in one notarial deed or divided in separate notarial deeds. The founding deed of a family foundation may also be part of a notarial will. No special documents are required to draw up the founding deed and the statute (except for the founder’s identity card). Contribution of real estate to the foundation requires the preparation of such documents as are necessary for the donation of real estate – see the Donation tab.

Family foundation

A family foundation is a legal person that the founder equips with property and establishes for the purpose of accumulating property, managing it in the interest of the beneficiaries and providing benefits to the beneficiaries. The purpose of the existence of a family foundation is to take care of the assets entrusted to it and distribute the benefits obtained from them among the beneficiaries selected by the founder. It differs from an ordinary foundation (mentioned in the previous tab) in that its task is to achieve a private goal, e.g. securing the property of a specific family (and not a public goal, as in the case of an ordinary foundation). The family foundation works for specific, designated people.

At least three steps are required to establish a family foundation: establishing the foundation in the founding deed (requiring the form of a notarial deed), granting the family foundation a statute (requiring the form of a notarial deed) and contributing assets to the foundation (requiring the form of a notarial deed, if it concerns real estate, or a signature certified by a notary, if it concerns shares in a limited liability company). They can be combined in one notarial deed or divided in separate notarial deeds. The founding deed of a family foundation may also be part of a notarial will. No special documents are required to draw up the deed of incorporation and the statute of a family foundation (except for the founder’s identity card). On the other hand, contributing real estate to a family foundation requires the preparation of such documents as are necessary for the donation of real estate – see the Donation tab.

Agreement of cooperation in housing investment

A housing cooperative is not a legal person (entity), but consists in the cooperation of certain persons in order to implement a housing investment. The contract of a housing cooperative defines the rules of cooperation in the implementation of an investment and construction project to meet the housing needs of the members of this housing cooperative (or members of a housing cooperative that participates in the cooperative). It resembles a civil partnership (and even, apart from the described form of cooperative, it can alternatively be implemented on the basis of a civil partnership agreement). An agreement specifying the rules of cooperation between members of a housing cooperative is concluded in the form of a notarial deed under pain of nullity.

In order to conclude a housing cooperative agreement, it is necessary to present proof of concluding an escrow account agreement (from which expenses are incurred in connection with the implementation of a housing investment), preparation of the attachments required by law (written information that the provisions of the Developer Act do not apply to cooperation under this agreement, and in in particular that the funds paid for the implementation of this contract are not covered by the protection provided for in this Act, and the consent of the cooperative participants to such a solution), and also documents regarding individual entities that are part of the cooperative (see ID cards of natural persons, articles of association and excerpts from of the National Court Register of cooperatives or companies, etc.).

Agreements on the management of condominium

The method of managing common property may be specified:

  • in the agreement establishing separate ownership of the first of the separated premises, requiring the form of a notarial deed,
  • or later on the basis of an agreement concluded by the owners of all premises, also in the form of a notarial deed,
  • and, moreover, on the basis of a resolution of the owners of the premises recorded by a notary public (see the “Protocols” tab).

In order to conclude an agreement specifying or changing the manner of managing a common property, it is necessary to appear for the notarial deed of the owners of all premises belonging to a given housing community. It is admissible to conclude this agreement by a proxy, if the power of attorney was granted in the form of a notarial deed. Then, a copy of the notarial deed with the power of attorney should be prepared. In the case of premises belonging to the joint marital property, it is sufficient to appear for the act of one of the spouses (and the consent of the other is not required).

If the selected method of management of the common property is that the management is entrusted to a third party, then in addition to the agreement establishing such a method of management, a separate agreement is concluded with the selected administrator regulating his rights and obligations. The latter agreement does not require the form of a notarial deed.

The method of managing the common property specified by the owners of the premises is subject to entry in the land and mortgage register and is effective towards future buyers of the premises.

Recording resolutions and the minutes of meetings and assemblies in cooperatives, condominium, and other entities

See the “Minutes” tab.

Family matters

Marital property agreements (prenups)

A marriage contract (the so-called prenuptial agreement) allows the husband and wife to choose one of the matrimonial property regimes permitted by the law (statutory community, extended or limited community, property separation or property separation with equalization of the acquis). Spouses may enter into an agreement regulating their property relations before or at any time thereafter. Such an agreement requires the form of a notarial deed under pain of nullity. To conclude it, it is enough to prove the identity of the spouses and possibly an abridged copy of the marriage certificate (if the marriage has already been concluded) and a copy of the notarial deed of the previously concluded marriage contract (if applicable).

The marriage contract aims to establish a different regime than the one currently in force. If the spouses have never entered into a marriage contract, the statutory community of property regime applies in their marriage. It is permissible to change this regime to extended community, limited community, separation of property or separation of property with the equalization of the acquis. The marriage contract may be amended or terminated. If the spouses have already concluded a marital property agreement, they may conclude another agreement changing the regime to another. For example, if an agreement establishing the separation of property has been concluded, it is permissible to conclude an agreement resulting in a return to the statutory community of property.

The conclusion of a marriage contract has effects only for the future. It changes the property regime existing in the marriage, but does not itself cause any property shifts regarding previously acquired rights. For example, the establishment of property separation means that the assets acquired by the spouses in the future will go only to their personal assets. However, this does not result in the division of the current joint property between the spouses, which requires a separate agreement (see the “Division of joint property” tab). Similarly, if the contract establishes marital property, this act does not transfer any rights to the joint property. If the spouses want to transfer some assets to the joint property, they should conclude a separate agreement (see the tab “Transfers between the joint and personal property of the husband or wife”.).

Transfer of assets between marital joint property and individual property of a husband or wife

The Family and Guardianship Code provides for rules that determine whether the assets acquired by the spouses during the marriage go to their joint property (which is the rule) or to one of their personal assets (which is an exception, for example by gift or inheritance). A possible change of these rules is possible by concluding a marriage contract – see tab “Marriage property agreements (prenups)”. If an asset has already been acquired and has become, for example, personal property, it is permissible to conclude an agreement resulting in the transfer of this asset to joint property (or vice versa). This may be useful, for example, where a wife has acquired property for her personal property through inheritance from her ancestors and now wants the property to belong jointly to her and her husband. A property transfer is also useful if the spouses continued to separate property for some time, and then established a marital property regime by agreement and want to transfer previously acquired property components to the joint property.

An agreement resulting in a gratuitous transfer between joint and personal property is a donation agreement. The form of a notarial deed is required primarily if the transfer is to concern real estate. It is subject to the requirements set out in the donation relationship – see the Donation tab.

Division of marital joint property

The joint property of the spouses cannot be divided as long as the community of property lasts between them. The division of this property is permissible if the community of property between the spouses has ceased. This may be the result of one of the following events:

  • conclusion of a marital property agreement providing for the establishment of property separation,
  • declaration of bankruptcy or incapacitation of one of the spouses,
  • separation or compulsory separation of property,
  • death of one of the spouses (then an agreement on the division of joint property with the surviving spouse may be concluded by the heirs of the deceased),
  • dissolution of marriage for another reason (divorce or annulment of marriage).

The division of joint property can be made on the basis of an agreement or before a court. In the case of a contractual division of property, the form of a notarial deed is necessary if the property includes real estate. If the joint property includes an enterprise without real estate or shares in a limited liability company, it is sufficient to divide the joint property in writing with a notarized signature. In other cases, in general, the contractual division of property does not require a specific form. The division of joint property may assume the allocation of property to one of the spouses with or without the obligation to repay the other spouse, or in exchange for other joint property. It may also be possible to physically divide real estate belonging to joint property into separate parts of land (plots) purchased by individual spouses (then a decision of the commune/mayor is required approving the division of real estate) or into separate premises allocated to individual spouses (then a certificate of independence of these premises is required issued by the mayor). The division of joint property may also assume the sale of components of this property to a third party and the distribution of the price obtained between the spouses. The appearance of both spouses is necessary for the division of joint property, and in the case of the sale of an asset to a third party – also the participation of that person.

Information and documents needed:

  • ID cards of appearing persons,
  • a copy of a notarial deed of an agreement establishing marital property separation or a court decision on separation, annulment of marriage, bankruptcy, incapacitation, forced property separation or divorce,
  • if the marriage was terminated as a result of the death of one of the spouses, an additional copy of a notarial deed confirming inheritance or a final court decision confirming the acquisition of inheritance,
  • in the case of division of property assuming the granting of real estate to one of the spouses (or his heirs), documents relating to this real estate are required, as specified above in relation to the donation of real estate – see “Donations” tab,
  • in the case of a division of property involving the sale of real estate to a third party, the documents specified below are required in relation to the sale of real estate, see tabs “Sale of land” or “Sale of premises”.

Family maintenance (alimony) agreements

The conditions, scope and subjects of the maintenance obligation (so-called maintenance) are regulated by the provisions of the Family and Guardianship Code. They provide that in certain situations there may be an obligation between relatives to provide means of subsistence and, possibly, upbringing. Its most common case is the maintenance obligation of parents towards still dependent children. Maintenance obligations are usually performed voluntarily. They can be sued in court. It is also permissible to regulate their content (especially the amount) in the contract.

An agreement on the maintenance obligation does not have to be concluded in the form of a notarial deed. However, the parties may give it this form voluntarily. It is then possible (which may also be a separate activity) to strengthen the maintenance obligation by the debtor’s submission to enforcement in its scope – see tab “Mortgage and other collateral” – “Submission to enforcement”. In order to conclude a maintenance agreement, in addition to the identity cards of the appearing parties (obliged and entitled), you may additionally need abridged copies of birth or marriage certificates and (in the case of concluding the agreement by or on behalf of a minor or incapacitated person) a guardianship court permission to perform an activity exceeding ordinary management.

Agreements between mother and father on exercising parental rights and responsibilities (child arrangements)

The manner in which parental authority is exercised over minor children is disputed, usually due to divorce. In the judgment adjudicating the divorce, the court decides on parental authority over the common minor child of both spouses and on the parents’ contact with the child, and decides in what amount each of the spouses is obliged to bear the costs of maintaining and raising the child. The court takes into account the written agreement of the spouses on how to exercise parental authority and maintain contact with the child after divorce, if it is in the best interests of the child. This written parental agreement may (although it does not have to) be considered by the court. The form of a notarial deed is not required for its conclusion. However, the parties may give it this form voluntarily. A similar arrangement may be made by parents living apart for reasons other than divorce. Then the court leaves parental authority to both parents, if they have presented a written agreement on how to exercise parental authority and maintain contact with the child, in accordance with the best interests of the child.

Recognition of paternity in case of emergency

Acknowledgment of paternity (if it is needed at all) is basically carried out by the head of the registry office. Exceptionally, however, it may take place before a notary, which is stated in the protocol in the form of a notarial deed. In the event of a direct threat to the life of the child’s mother or the man from whom the child comes, the statement necessary to recognize paternity may be recorded by a notary public. To perform this action, the appearance of not only the father, but also the mother, who must confirm that the father of the child is the man recognizing it, is required. Recognition may concern a child conceived but not born, or a child already born (in the latter case, a shortened copy of the birth certificate should be prepared, if it has already been issued).

Bill of exchange, promissory note, and cheque protests

A bill of exchange and a check are securities that can perform security or payment functions. They are not drawn up in notarized form. The participation of a notary public is only necessary in relation to a protest for non-payment or non-acceptance of a bill of exchange or cheque. A protest is a public act by which a notary public establishes by an official document that the principal debtor of a bill of exchange or check (issuer of promissory note, bill of exchange drawee/acceptor or bank as check drawee) has refused to pay or accept the bill of exchange. A protest can only be made by a notary public. For this purpose, he goes to the place of payment and states a refusal to pay (if the payment is made, he accepts the payment and transfers it to the creditor without making a protest) or refusal to accept the bill drawn by the drawee. The legal meaning of the protest is that only the protest entitles the promissory note or check creditor (the so-called remitter) to claim payment from further promissory note debtors (e.g. endorsers, avalists, bill of exchange issuers). Thus, the protest enables the so-called return search for bill or check debtors. This does not apply to promissory notes marked “no protest” (or “no cost”). A protest for non-payment of a bill of exchange payable on a fixed date or at a certain time after the date or upon presentation must be made on one of the two weekdays following the day of payment. A protest for non-payment of a check should be made before the expiry of the time limit for presentation, and if the check is presented on the last day of the time limit, the protest may be made on the first business day following it.

The protest may concern:

  • promissory note (so-called dry promissory note or sola promissory note),
  • draft bill of exchange (so-called drawn bill of exchange or draft),
  • check.

In order to protest, the promissory note creditor (remitter) who requests it should present:

  • ID card,
  • bill of exchange or check.

Certifications

Making notarial copies of documents

The notary public confirms the compliance of the copy, excerpt or copy with the document presented by the party. If the presented document contains special features (additions, corrections, damages) or if it is a copy in itself, the notary states this in the certification. The content of the notarial certification for the compliance of the copy with the document indicates the date and place of preparation (at the party’s request, also the time of performing the activity), the name of the office, the notary’s signature and his seal.

It is only required to present an identity card and the original document, the compliance of which with a copy (a copy, extract) is to be certified.

The notary may also electronically certify the copy’s compliance with the original. It is provided with a qualified electronic signature of a notary public. It is acceptable to make a certified electronic copy of both an electronic and a traditional document.

Validating a signature

The notary public certifies the authenticity of the signature on the document presented by the party. Notarization of the signature is useful in the case of people who cannot write, if they want to keep the written form, in such a way that instead of such a person an authorized person will sign and their signature will be certified by a notary public. In addition, in the case of certain legal transactions, the certification of the signature by a notary public is necessary for their validity. This applies to, among others:

sale, lease of an enterprise or establishment of usufruct on it,
sale or pledge of shares in a limited liability company,
activities that are to be the basis for an entry in the land and mortgage register, for which the form of a notarial deed is not required, e.g.
waiver of rights by the beneficiary of the family foundation,
transfer of ownership or mortgage on a seagoing vessel subject to entry in the ship register,
declarations on accepting or rejecting the inheritance (which may alternatively be submitted in the form of a notarial deed or before the court),
powers of attorney for the above-mentioned activities
power of attorney granted by creditors who have a joint and several or indivisible claim to exercise voting rights at the creditors’ meeting in bankruptcy proceedings,
a power of attorney to get married, if the court, for important reasons, allowed the marriage to be concluded by a proxy,

The signature is made in the presence of a notary or the party declares that it considers the previously made signature to be its own. In the case of most documents on which the notary public certifies the authenticity of the signature, it is only required to present an identity card and the document for which the signature is to be certified. But:

if the subject of the notarial deed for which the notary public is to authenticate the signature is to transfer the rights to inheritance or the sale or encumbrance of property or property rights obtained as a gift, inheritance, ordinary legacy, debt collection legacy, gratuitous abolition of co-ownership (or any other title subject to inheritance tax) and donations), it is necessary to present a certificate issued by the head of the tax office confirming that the acquisition of these items or rights was exempt from tax or that the tax due was paid or the tax liability expired due to the statute of limitations.

Validating a date

The notary public certifies the date on the document presented to him, selected by the party, and, at the party’s request, also the hour and minute of presenting the document. In the certification of the date, the notary lists the name, surname and place of residence of the person who presented the document. Certification of the date is also an element of another notarial act, which is the certification of the authenticity of the signature. A notarized signature certification includes a date certification (but not vice versa).

By notarizing the date (as well as certifying the signature), the document obtains the so-called certain date. Such certification is also effective for persons not participating in the performance of this legal act. With regard to certain legal acts, the law requires, for their validity or effectiveness towards third parties, that they be given a certain date. This applies to, among others:

establishing a (ordinary) pledge on things or rights (unless the law requires a more far-reaching form for this activity, such as in relation to pledge of shares in a limited liability company),
reservations of ownership of the sold item,
exclusion of the right to terminate a lease or tenancy agreement, which is vested in the buyer of the rented or leased item to the person entering into the lease relationship in accordance with Art. 678 of the Civil Code,

For most documents on which the notary public certifies the date, it is only required to present an identity card and the document for which the date is to be certified.

Making a notarial proof of life

The notary public certifies that a given person is alive (so-called life certificate) or in a specific place (so-called residence certificate) if that person appears at the notary’s office or if the notary becomes convinced of this fact outside the office. In the certification, the notary establishes the identity of that person and specifies the day, hour and minute of confirming that the person is alive or in a specific place. These credentials can be useful, for example, in pension relations.

This activity does not require submitting any documents (except for an ID card).

Minutes

Meetings, assemblies, and resolutions of partners in a partnership

Meetings (meetings) and resolutions adopted by the bodies of partnerships and persons managing them, as a rule, do not require the form of a notarial deed. The Act introduces such an obligation only in the scope of a limited partnership and a limited joint-stock partnership, and only in relation to:

resolutions amending the articles of association of a limited partnership (including e.g. amending the limited partnership sum, changing the manner of representing or conducting affairs by the partnership),
all resolutions of the general meeting of shareholders of a limited joint-stock partnership; the requirement of the form of a notarial deed also applies to all amendments to the company’s articles of association, as well as declarations of the general partners on consent to a resolution of the general meeting (submitted pursuant to Article 146 § 3 of the Code of Commercial Companies or specific provisions of the articles of association),
resolutions of partners of partnerships on merger with another company,
resolutions of the management board of a single-member partnership regarding the plan to transform into another commercial company,
resolutions of the partners of a partnership on transformation into another commercial company.
The minutes of the meeting of partners of a partnership (or possibly a meeting of the body) are drawn up by a notary public in the place where it takes place. This is a notarial act, the nature of which means that it can be performed outside the notary’s office. As a rule, the minutes are signed by the chairman of the meeting and the notary public. The minutes are written in the form of a notarial deed.

The following may be required to prepare the protocol:

in the case of a meeting of partners of a limited partnership (or general or professional partnership) – identity cards of partners, articles of association, excerpt from the National Court Register (or data needed to obtain it),
in the case of a meeting in a limited joint-stock partnership – the identity cards of the shareholders, registered registration certificates of the shareholders, an excerpt from the National Court Register (or data necessary to obtain it) and the company’s articles of association are needed.

Meetings, assemblies, and resolutions of shareholders of a company

Meetings (meetings) and resolutions adopted by the bodies of capital companies, as a rule, do not require the form of a notarial deed. However, each meeting may be recorded by a notary public if the parties so wish. The Act introduces the obligation to record minutes by a notary public in the case of, among others:

all meetings of a joint-stock company (including resolutions on amending the articles of association);
resolutions of shareholders of a limited liability company amending the articles of association, including reducing or increasing the share capital (not pursuant to the existing provisions of the articles of association); the form of a notarial deed is also required for the shareholder’s statement on taking up new shares or increasing the value of shares,
resolutions of shareholders of a limited liability company on the dissolution of the company or the transfer of the company’s registered office abroad,
resolutions of the shareholders of a simple joint-stock company (adopted at the shareholders’ meeting or outside it), if they concern changes to the articles of association,
resolutions of the general meeting of partners or shareholders of capital companies on the merger with another company,
resolutions of the general meeting of partners or shareholders of a capital company on the division of the company,
resolutions of the management board of a single-member company on the plan to transform into another commercial company,
resolutions of the general meeting of partners or shareholders on transformation into another commercial company,
resolutions of the management board of a limited liability company on the reduction of the share capital adopted pursuant to Art. 199 § 5 of the Code of Commercial Companies; the form of a notarial deed is also required to declare all members of the management board on meeting all the conditions for reducing the share capital provided for in the Act and the articles of association and in the resolution on reducing the share capital,
resolutions of the management board of a joint-stock company on increasing the share capital pursuant to the company’s articles of association;
resolution of the management board of a joint-stock company to reduce the share capital pursuant to the company’s articles of association, pursuant to Art. 359 § 7 or art. 363 § 5 of the Code of Commercial Companies,
declarations of all members of the management board of a joint-stock company on meeting all the conditions for reducing the share capital provided for in the Act and the statutes, and a resolution on reducing the share capital in the event of a decrease in the share capital and redemption of shares pursuant to Art. 360 § 2 and art. 457 § 1 of the Code of Commercial Companies.

The minutes of the meeting of partners or shareholders (or a meeting of another body) are drawn up by a notary public in the place where it is held. This is a notarial act, the nature of which means that it can be performed outside the notary’s office. As a rule, the minutes are signed by the chairman of the meeting and the notary public. The minutes are written in the form of a notarial deed.

The following may be required to prepare the protocol:

in the case of a meeting of shareholders of a limited liability company – ID card of the chairman of the meeting, articles of association, excerpt from the National Court Register (or data needed to obtain it), attendance list containing the list of participants of the general meeting,
in the case of recording a resolution of the shareholders of a limited liability company – identity card of the joining partner, articles of association, excerpt from the National Court Register (or data needed to obtain it), written consents of all partners to adopt a resolution (or to conduct a written vote – then additionally written statements with voting),
in the case of a general meeting of shareholders – the identity card of the chairman of the meeting, the articles of association of the company, an excerpt from the National Court Register (or data necessary to obtain it), the attendance list containing the list of participants of the general meeting,
in the case of meetings of the management board or the supervisory board – ID cards of management board members, the company’s articles of association, an excerpt from the National Court Register (or data necessary to obtain it), or resolutions on their appointment to this function are needed.

Meetings, assemblies, and resolutions in a cooperative, condominium, foundation, family foundation, and other entities

Meetings and resolutions adopted by the bodies of the listed entities, as a rule, do not require the form of a notarial deed. The Act introduces such an obligation only in relation to selected issues, such as:

in the case of a housing association – a change in the method of managing the common property may be made on the basis of a resolution of the owners of the premises recorded by a notary public, requires the form of a notarial deed pursuant to Art. 18 sec. 2a of the Act of 24 June 1994 on ownership of premises; such a form is no longer required by a resolution entrusting the management to a specific third party or a management agreement concluded with that third party,
in the case of a housing association – the notary public additionally requires resolutions of the owners of the premises expressing consent to: division of the common property, purchase or sale of the property by the community, merger of two premises constituting separate properties into one property or division of the premises, in accordance with Art. 63 § 2 of the Civil Code (and, moreover, the power of attorney to perform these activities, granted to the management board in accordance with Article 99 of the Civil Code, requires the form of a notarial deed).
The minutes of the assembly, meeting or meeting of the body are drawn up by a notary public in the place where it takes place. This is a notarial act, the nature of which means that it can be performed outside the notary’s office. As a rule, the minutes are signed by the chairman of the meeting and the notary public. The minutes are written in the form of a notarial deed.

Depending on the type of entity, body and meeting, different documents may be required to draw up the minutes, e.g.:

in the case of a meeting of owners of premises belonging to a housing community – the identity cards of the owners of the premises and the numbers of the land and mortgage register (for the common property and individual premises) are sufficient to establish that they have the right to vote (and possibly an agreement or resolution specifying the method of managing the common property),
in the case of a general meeting of a housing cooperative – an ID card of the chairman of the meeting, a list of participants in the meeting, an excerpt from the National Court Register (or data necessary to obtain it) and the statute of the cooperative are needed,
in the case of a gathering of beneficiaries of a family foundation – the beneficiaries’ ID cards, the statute of the family foundation, the list of beneficiaries kept by the competent authority and an excerpt from the register of family foundations (or data necessary to obtain it).

Certification that the party to the contract is present or absent

The notary public draws up protocols in order to ascertain the course of certain activities and events with legal effects, in particular regarding the appearance of the parties and their statements, as well as – at the request of the appearing party – the failure of the other party to appear. A statement of the appearance of one party and the non-appearance of the other party in the protocol may be useful if the other party does not appear to conclude the final contract (to which it is committed by the preliminary contract) or the contract transferring ownership or other dispositive contract (to which it committed itself to the conclusion of the binding contract or to the conclusion of which is an obligation under the provisions of the Act). The report may then be evidence of the other party’s failure to fulfill its obligation.

No additional documents are required to draw up an appearance or non-appearance report (except for the identity card of the appearing party).

Certification of the existence and content of the website

The notary writes protocols in order to ascertain the course of certain activities and events with legal effects. The catalog of such events is open (it is important that they have legal significance). In practice, an event recorded by a notary public in the minutes, at the request of a party, is opening a specific website and possibly stating its content up to date at a specific moment. This could be, for example, a website about a tender procedure or an offer to conclude a certain contract.

No additional documents are needed to prepare the website opening protocol (except for the identity card of the appearing party).

Deposits

Deposit documents, including electronic data

The notary public accepts all kinds of documents for storage, also in closed envelopes, as well as electronic documents saved on an IT data carrier (e.g. USB stick, DVD), secured in a way that prevents reading its content. The notary writes a report on the acceptance of the document for safekeeping, in which he lists the date of acceptance, establishes the identity of the person submitting the document and indicates to whom and under what conditions the document or its copy is to be issued. The document accepted for safekeeping is issued to the person named in the report or his legal successor. Keeping documents by a notary may be useful in relation to documents the content of which a party wishes to keep secret, while at the same time wishing to disclose them at an appropriate time in the future. This may concern, for example, a handwritten will (e.g. it may be decided that it will be issued to the heir only after the death of the testator).

No specific documents are required (except the deposited document and ID card).

Deposit funds and securities

In connection with the activity performed in his office, the notary has the right to accept securities or money in Polish or foreign currency for safekeeping for the purpose of handing them over to the person indicated at the time of submission or to his legal successor. To document these activities, the notary maintains a special bank account. The notary writes a report on the acceptance of the deposit, in which he lists the date of acceptance, determines the identity of the depositing person, the date of issue to be made and the name, surname and place of residence of the person collecting the deposit. The deposit is released against receipt.

The money accepted as a deposit may, in particular, constitute payment under a contract concluded by the parties in the form of a notarial deed. The buyer gives them to the notary for safekeeping, indicating the person of the seller who is entitled to collect the money, e.g. at the appointed time or after the fulfillment of the specified condition. It is then a form of securing the performance of the contract.

No specific documents are required (except for proof of identity).

Certified copies and extracts of notarial acts

Certified copy of notarial act, including minutes

The original of the notarial deed remains in the notary’s office and is not issued to the parties. In trading, the parties usually use a copy of a notarial deed. A copy of a notarial deed may be issued by the notary who prepared the notarial deed for the benefit of the person who participated in it (or sometimes another authorized person). A copy of a notarial deed has the legal force of the original.

The notary may also issue copies of notarial deeds, which, however, do not have the legal force of the original. No specific documents are required (except for proof of identity).

Certified extract of notarial acts, including minutes

The excerpt from the notarial deed contains only a fragment of it. It can be issued by the notary who prepared the notarial deed to the person who participated in the deed (or sometimes to another authorized person). It can be useful in the case of long notarial deeds (e.g. an extract from the minutes of a meeting at which many resolutions were adopted, covering only one of them; an extract from a notarial deed covering only a fragment of the contract) or when it is necessary to keep sensitive information contained in the Deed confidential (e.g. excerpt from the notarial deed, omitting the agreed sale price). An excerpt from a notarial deed does not have the legal force of the original. No specific documents are required (except for proof of identity).

Notarial act draft

The notary, at the request of the parties, draws up drafts of notarial deeds (or statements and other documents). The project is not a notarial deed and has no legal effects. It is prepared if the parties so request, e.g. due to protracted negotiations regarding the content of the contract or the possibility of resigning from concluding the contract despite prior arrangement to sign the notarial deed. A draft notarial deed is a notarial act for which the notary public is entitled to a notarial fee (in the amount of 1/4 of the maximum rate).

Contact and directions
Contact and directions