After buying a building or a piece of land in Poland, the respective property must be registered with the competent Authorities. There are several types of extracts that the new owner must obtain.
Extract from the Land and Buildings Registry
According to the law, for registering a Polish property, an entrepreneur will need an extract from the Land and Buildings Registry. The seller must request this extract that can be obtained whithin a 7 days period of time. The extract will contain information related to the real-estate, like the name of the owner and reveals if the property is the subject of a mortgage or any kind of encumbrance.
Extract from the cadastre
Another necessary document for registering a Polish property is an extract from the cadastre, that can be obtained from the Geodesic Authorities. This extract contains the exact location on the map, the boundaries of the property and information about the character of the plots of land (housing, urban, agricultural)
Extract of the local spatial development plan
The next step is to obtain an extract of the local spatial development plan, which will certify if the real estate is not used for agricultural purposes. If this will be the case, the transfer will be made with certain limitations.
As any Polish lawyer knows, in the past years, the laws regarding local spatial development plans have changed and, as a result, some of the local plans have expired. Therefore new documents must be made in accordance with the new regulations and then certified by a public notary, so that any person interested in buying that property can be rest assured that the spatial development plan for the respective real estate is updated and law complyant.
Extract from the register of entrepreneurs of the National Court Register
If at least one of the parties is represented by an entrepreneur, an extract from the National Court Register is required. This extract will authorize the person that will sign the documents on behalf of the entrepreneur. If the company is a limited liability company or a joint stock company, this person will be the director of the firm.
Transfer agreement at the notary
With all these four document obtained, the seller and the buyer will go to a notary, in order to sign the agreement on the transfer (or ground lease up to 99 years) of the property. If one of the parties is an entrepreneur, a corporate consent of all shareholders is needed for the public notary.
Applying for registration at the Land Registry or Registry court
After obtaining the transfer agreement document, the last step is to apply for registration of a Polish property at the Land and Buildings Registry or Registry court.