Required documents

  1. Land and mortgage register number.
  2. The basis for the purchase, i.e. one of the documents mentioned, is an extract from a notarial deed of a sales contract, a donation or a final court decision confirming the acquisition of inheritance or an inheritance certificate if the plot was acquired by inheritance, as well as by way of a donation or gratuitous abolition of co-ownership made after On January 1, 2007, you will need a certificate from the head of the relevant tax office confirming that the purchase is tax-exempt, that the tax due has been paid or the tax liability has expired due to the statute of limitations, or the consent of the head to sell the plot.
  3. Personal data of buyers and sellers, recipients (names, surname, parents’ names, marital status, ID card or passport number, PESEL number, address of residence), additionally, in the case of companies – KRS number or in the case of persons entered in the business register – REGON, Tax Identification Number.
  4. A certificate confirming the location of the property being sold in a revitalization zone or a Special Revitalization Zone, or a certificate confirming the absence of a revitalization zone or a Special Revitalization Zone.
  5. An extract from the local development plan regarding the land use, and if it has not been adopted – a certificate of the lack of a plan and a decision on development conditions (if issued).
  6. Extract from the land register (with a note that the document is intended for making entries in the land and mortgage register).
  7. A certificate that the property is not covered by a simplified forest management plan or a forest inventory, on the basis of which a decision specifying forest management tasks is issued.
  8. The bank’s declaration on establishing a mortgage and on the loan granted – if you wish to have the application for establishing a mortgage submitted to the land and mortgage register court by a notary.
  9. Excerpt from the cadastral map – in the event that the plot is detached from a new or different land and mortgage register (with a note that the document is intended for making entries in the land and mortgage register).
  10. The final decision on the division, as well as an extract from the list of changes in cadastral (land) data, an excerpt from the land register and an excerpt from the cadastral map for the detached plot and for the remaining plots resulting from the division (with a note that the documents are intended for making entries in the book perpetual) – when a plot was created as a result of the division of another plot, and the division has not yet been disclosed in the land and mortgage register.

Data needed:
1) selling price or market value of the donated item,
2) deadline for handing over the property,
3) date and method of payment of the sales price, information about the deposit, as well as the bank account number to which the price is to be transferred.

Optional:
1) certificate confirming that there are no registered persons in the building being sold.

  1. Land and mortgage register number.
  2. The basis for the purchase, i.e. one of the documents mentioned, is an extract from a notarial deed of a sales contract, a donation or a final court decision confirming the acquisition of inheritance or an inheritance certificate if the premises were acquired by inheritance, as well as by way of a donation or gratuitous abolition of co-ownership made after On January 1, 2007, you will need a certificate from the head of the competent tax office confirming that the acquisition is tax-exempt, that the tax due has been paid or the tax liability has expired due to the statute of limitations, or the consent of the head to sell the premises.
  3. Personal data of buyers and sellers, recipients (names, surname, parents’ names, marital status, ID card or passport number, PESEL number, address of residence), additionally, in the case of companies – KRS number or in the case of persons entered in the business register – REGON, Tax Identification Number.
  4. A certificate confirming the location of the premises being sold in a revitalization zone or a Special Revitalization Zone, or a certificate confirming the absence of a revitalization zone or a Special Revitalization Zone.
  5. The bank’s declaration on establishing a mortgage and on the loan granted – if you wish to have the application for establishing a mortgage submitted to the land and mortgage register court by a notary.

Data needed:
1) selling price or market value of the donated item,
2) date of handing over the premises,
3) date and method of payment of the sales price, information about the deposit, as well as the bank account number to which the price is to be transferred.

Optional:
1) certificate of no persons registered in the premises being sold,
2) certificate of no arrears in rent payments.

  1. A certificate issued by the housing cooperative about the right (it should also include a detailed description of the premises and information about the land and mortgage register number or its absence, as well as the number of the land and mortgage register kept for the building).
  2. The basis for acquiring the right by the current owner, e.g. an extract of a notarial deed or a registered deed of inheritance, a copy of a valid court decision, an allocation, a decision or a resolution on the transformation of a cooperative tenant’s right to the premises into ownership; if the right was acquired by inheritance, as well as by way of a gift or gratuitous abolition of co-ownership made after January 1, 2007, a certificate from the head of the competent tax office will be necessary confirming that the acquisition is exempt from tax, that the tax due has been paid or the tax liability has expired due to the limitation period, or the consent of the head to sell the premises.
  3. The bank’s declaration on establishing a mortgage and on the loan granted – if you wish to have the application for establishing a mortgage submitted to the land and mortgage register court by a notary.

Data needed:
1) selling price or market value of the donated item,
2) date of handing over the premises,
3) date and method of payment of the sales price, information about the deposit, as well as the bank account number to which the price is to be transferred.

Optional:
1) certificate of no persons registered in the premises being sold,
2) certificate of no arrears in rent payments.

  1. Personal data of the person preparing the will (names, surname, parents’ names, marital status, ID card or passport number, PESEL number, address of residence, date of birth),
  2. Data of the person appointed to the inheritance (names, surname, parents’ names, PESEL number, address of residence, date of birth).
  1. Personal data of the principal (names, surname, parents’ names, marital status, ID card or passport number, PESEL number, address of residence),
  2. Personal data of the representative (names, surname, parents’ names, PESEL number, residential address),
  3. Description of the property, preferably – land and mortgage register number.
  1. Death certificate of the testator.
  2. The testator’s will, if prepared.
  3. Copies of civil status records of all heirs (testamentary and statutory), i.e. marriage certificates of the deceased person and his or her spouse, birth certificates or marriage certificates (especially when the surname was changed as a result of marriage) of the deceased’s children.
  4. Document – a certificate issued by the City Hall, Civil Affairs Department regarding the PESEL number of the deceased.
  5. Extracts of notarial deeds containing declarations of acceptance or rejection of inheritance, if such declarations were submitted.

Data needed:
1) please provide us with information if the deceased’s heir is also dead (the date of the heir’s death determines further proceedings and document requirements),
2) numbers of land and mortgage registers of real estate in which the testator is disclosed as the owner or co-owner.

  1. A shortened copy of the marriage certificate – if the contract is to be concluded after marriage.
  2. Personal data of the spouses (names, surname, parents’ names, ID card or passport number, PESEL number, address of residence).
  3. In the case of people who want to conclude a contract before getting married – only the above-mentioned. personal data.

The developer contract is regulated by the so-called development act (Act of September 16, 2011 on the protection of the rights of the purchaser of a residential premises or a family house). It is a legal act specifying the developer’s rights and obligations when selling real estate on the primary market.

The developer contract is concluded before the property is taken over. It is worth emphasizing that it only applies to unbuilt premises or premises under construction. Its main goal is to provide the apartment buyer with comprehensive protection. It obliges the developer to complete the development project and transfer ownership rights to the apartment buyer, who is obliged to pay the property costs.

The developer contract contains information such as:

  • date and place of conclusion of the contract,
  • buyer and developer details,
  • deadline for transfer of ownership rights to the buyer,
  • construction permit number and dates of commencement and completion of construction works,
  • dates and amounts of monetary benefits to the developer,
  • deadline for notifying the buyer about the receipt of the property,
  • technical data regarding the property (area, room layout, scope of work to which the developer has undertaken),
  • conditions enabling withdrawal from the contract,
  • the amount of interest and contractual penalties.

The appendices to the developer contract include an information prospectus and floor plans of the premises. The developer contract protects the interests of the buyer and protects him in the event of, among others: delay in the issuance of a residential premises or a situation when it turns out that the data contained in the information prospectus or other attachments are not consistent with the actual and legal status.

Useful information

A certificate from the tax office on the fulfillment of the tax obligation by the heirs is required if the seller acquired the subject of the contract by way of inheritance, legacy, further legacy, testamentary order, donation, donor’s order, adverse possession, gratuitous abolition of co-ownership, compulsory share, if the entitled person did not obtain it in the form of a donation made by the testator or by way of inheritance
or in the form of a record of free annuity, usufruct and easement made after January 1, 2007; certificate from the tax office
when acquiring by inheritance is always required.

If, after inspecting the land and mortgage register, the notary finds that the acquisition was based on inheritance, he or she will request such a certificate. If the seller loses or does not find a copy of the decision confirming the acquisition of inheritance in his documents, before going to the tax office, he will have to order such a copy in the civil court where the case for confirming the acquisition of inheritance was pending. A certificate from the tax office is needed regardless of whether the inheritor or recipient is exempt from tax or the statute of limitations has expired.

For the buyer, it is more advantageous if the seller checks out of the premises or building before concluding the deed – the sales contract. If this is not done, the new owner may be forced to carry out an administrative procedure related to the check-out of people who left the premises (building) and did not check out. This is a procedure that takes over three months. However, for formal reasons alone, deregistration is not necessary to conclude the contract. If the buyers agree to late check-out, there is no obstacle to including such a provision in the deed. A similar situation concerns the settlement of operating costs – it is a matter of agreement between the parties to the notarial deed.

Kancelaria Notarialna Tomasz Teryks

Krakowskie Przedmieście 79
00-079 Warszawa
NIP: 952-196-05-98 | REGON: 147008708

Tel.: +48 22 657 21 51 | +48 510 912 589 | +48 572 833 784
E-Mail: biuro@teryks-notariusz.pl

Dojazd:

Autobusem:
Przystanek Stare Miasto
  • 160, 190
  • Przystanek Pl. Zamkowy
  • 116, 178, 180, 222, 503, 518
  • Przystanek Kapitulna
  • 116, 178, 180, 518

  • Tramwajem:
    Przystanek Stare Miasto
  • 4, 13, 20, 23, 26