5 minutes reading time | June 26, 2024

Formalities And Costs Regarding The Purchase Of An Apartment In An Existing Building

You’ve found an apartment that really interests you and you’ve seen it. You’ve even managed to agree on the price with the seller, and you’re ready to make the purchase! But what’s next? Do you have to prepare the agreement yourself? What documents should you expect from the seller? What if you don’t speak Polish? And how much will it all cost? You’ll find the answers to these questions in this article.

You want to buy an apartment… and then what?

In Poland, as in other countries, it’s a notary who has the authority to finalize real estate transactions. Start by finding a notary, or ask if the seller has someone they work with. The notary will take care of preparing the agreement and verifying the required documents. You can choose any notary because there is no jurisdiction in this regard.

For the preparation of the agreement, the notary will need the following information from both parties:

  1. Full names;
  2. Full names of parents;
  3. Marital status;
  4. Personal identification numbers or passport numbers, document expiration date, and issuing authority;
  5. PESEL numbers (this is an identification number assigned to Polish citizens and foreigners residing in Poland, you don’t need a PESEL number to purchase real estate if you don’t live in Poland);
  6. Residential addresses and correspondence addresses (if different from residential addresses);
  7. Bank account number for payment of the purchase price;
  8. In the case of purchasing an apartment with a mortgage, the mortgage agreement is also required.

If there are multiple buyers (or sellers), each of them must provide all the information mentioned above. In the case of married individuals, the real estate becomes community property, unless there is a prenuptial agreement.

What documents can you expect from the seller?

For the preparation of the sales agreement, the notary will require certain documents. Some are mandatory, while others are good to request from the seller.

Mandatory documents:

  1. Document confirming the acquisition of the real estate by the seller – if the property has been purchased, it will be the notarial deed of purchase; if the property has been inherited – a certificate of inheritance or a court decision, etc.;
  2. In the case of purchasing an apartment with an existing mortgage, documents from the bank consenting to the removal of the entered existing mortgage will also be necessary.

Documents that are not mandatory to present for the sales agreement, but it’s good to verify them before the purchase:

  1. Certificate from the City Hall indicating that no one is currently registered as a resident in the apartment;
  2. Certificate issued by the building homeowners association confirming that the seller is not in arrears with administrative fees to the housing community;
  3. Certificate from the City Hall confirming the non-arrears with property taxes;
  4. Energy performance certificate – it’s not obligatory for the sales agreement, but the lack of such a document will be noted in the agreement itself. Furthermore, the property owner must possess and provide such a document to the buyer.

The practice is to send scanned documents to the notary in advance via email so that they can prepare the agreement. However, it is important to remember that the originals must be brought to the meeting. Without them, the agreement cannot be concluded.

The documents mentioned above concern situations where the buyer or seller is an individual, not in a marital relationship (or in a marital relationship where there is separation of property). It should be remembered that different documents will be required if one of the parties to the agreement is a company, for example.

Costs associated with the conclusion of the sales agreement

As a buyer, you will have to bear all the costs associated with concluding the sales agreement. 

They are as follows:

Remember that by choosing a notary, you can determine in advance how much it will cost to conclude the agreement. Taxes and court fees are fixed and cannot be negotiated, whereas the fee for preparing the agreement can be negotiated.

The aforementioned closing costs concern the conclusion of the sales agreement if the purchase is made without a mortgage. If you rely on a loan, additional fees will arise, such as the fee for establishing a mortgage in the land register.

In summary

Buying an apartment in Poland is very straightforward. Polish legal regulations precisely specify how the agreement can be signed. They also specify who should prepare the agreement based on what documents and information. As the agreement can only be concluded before a notary, real estate transactions in Poland are secure. The costs associated with concluding such an agreement are predictable and fairly easy to estimate, which is an important aspect from an investor’s perspective.

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