Poland

Registering Property in

Poland

Listed below is a detailed summary of the steps, time and cost involved in registering property, assuming a standardized case of an entrepreneur who wants to purchase land and a building that is already registered and free of title dispute.

The information appearing on this page was collected as part of the Doing Business project, which measures and compares regulations relevant to the life cycle of a small- to medium-sized domestic business in 183 economies. The most recent round of data collection for the project was completed in June 2011.

  • Standard Property Transfer

  • Property Value: PLN 1,781,630.01
  • City: Warsaw

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No. Procedure Time to Complete Associated Costs
* 1 Obtain an extract from the Land Registry

The seller must obtain an extract from the Land Registry, which will need to be presented to the notary later. The extract discloses the owner or perpetual usufruct or of the real estate. It also discloses whether there are any mortgages or other encumbrances over the real estate.
According to the new legislation, the Registry shall be maintained in the electronic form. The transition to the computer system started in September 2004. The following website lists the registry courts in which the migration process has started: http://www.ms.gov.pl/kw/wykaz_100322.rtf;

Because parts of the records are within the computer system and the registration process in the courts has been thereby facilitated, collecting the excerpt is taking less time when that particular file has migrated. The excerpts from Land and Mortgage Register are issued by the Central Land and Mortgage Register Information Service (in case of the Land and Mortgage Registers maintained in electronic form or by relevant court (in other cases). The request eventually takes 1 day (if the real estate is registered within the computer system) or up to 7 days (if the real estate is registered within hardcopy documents only). In 2010, the number of Land and Mortgage Registers maintained in electronic form has significantly increased.





Agency: Land and Mortgage Register 		1 day (simultaneous with procedures 2, 3, and 4) PLN 30 (current excerpt); PLN 60 (full excerpt)
* 2 Obtain an extract from the cadastre

Parties obtain an extract from the cadastre held by respective geodesic authorities, stating the evidentiary number and the boundaries of the real estate on the official map, as well as information regarding the character of the plots comprising the real estate (e.g. agricultural, housing, urban). If no local spatial plan is adopted for the area (cf. procedure 3) this information is the basis to determine the character of the real estate

Costs established by the Regulation of Ministry of Regional Development dated 19 February 2004.


Agency: Cadaster mantained by the head (Starosta) of the county (Powiat) where the property is located 		Up to 7 days (simultaneous with procedures 1, 3, and 4) PLN 12 for first plot or building mentioned in the apllication and PLN 6 for any further plot or building mentioned in the same application
* 3 Obtain an extract of the local spatial development plan

Parties obtain an extract of the local spatial development plan, in order to establish that the real estate in question is not an agricultural property. If it were agricultural, certain limitations on the transfer would apply. Due to recent changes of legislation in Poland many local spatial development plans have expired and new plans have not been adopted yet. Therefore in many cases the notary must be presented with a certification that there is no spatial development plan for the relevant property. In that case, the cost would amount to PLN 16.00 (PLN 5.00 for the application and PLN 11.00 for the certification).


Agency: Local Commune Office 		14 days (simultaneous with procedures 1, 2, and 4) PLN 30 (excerpt up to 5 pages, PLN 50 for 5 pages and more)
* 4 Obtain an extract from the register of entrepreneurs of the National Court Register

If the purchaser or the seller is an entrepreneur, an extract from the register of entrepreneurs of the National Court Register is required, in order to establish who is authorized to act on behalf of the entrepreneur (e.g. who is an authorized director in the case of a limited liability or a joint stock company).

Agency: National Court Register 		1 day (simultaneous with procedures 1, 2, and 3) PLN 30 (current excerpt); PLN 60 (full excerpt)
5 A notary executes the sale or transfer agreement

The agreement on the transfer of ownership or perpetual usufruct of a real estate must be executed in the form of a notarial deed.

The documentation shall include:
Extract from the Land Registry (obtained in Procedure 1)
Extract from the Cadastre (obtained in Procedure 2)
Extract of the local spatial development plan (obtained in Procedure 3)
Extract from the register of entrepreneurs (obtained in Procedure 4). It must be presented to the notary public on the execution of the deed, because the notary must establish whether the persons who sign the agreement in the form of the notarial deed are actually authorized to represent the company.
If the purchaser or the seller is a joint-stock or a limited liability company, corporate consent for the transfer of the real estate is required, unless such necessity has been excluded in the articles of association of the company. The corporate consent of the shareholders' meeting for the transfer of a real estate is required by the Companies Code unless the AA excludes such necessity. The relevant corporate consent must be presented to the notary public, in order to establish the validity of the transfer of a real estate.

 1 day Notary’s fees according with the following schedule: 1) up to 3.000 PLN - 100 PLN; 2) from 3.000 PLN to 10.000 PLN - 100 PLN + 3 % of excess over 3.000 PLN; 3) from 10.000 PLN to 30.000 PLN - 310 PLN + 2 % of excess over 10.000 PLN; 4) from 30.000 PLN to
6 Apply for registration at the Land Registry or registry court

The sale agreement is entered into the Land Registry. Although the entry into the Land Registry is basically not a requirement for the valid transfer of a real estate, the owner is still practically obliged to file an application for registration with the registry court.

The notary public must prepare a relevant application to the court which is attached to the agreement and is responsible for filing such application with the court.


Agency: Land Registry 		3 to 6 months The registration fee amounts to 200 PLN or 150PLN depending on circumstances (the transfer of ownership of the whole real estate) or the equivalent part (the transfer of partial ownership) but no less than 100 PLN. There is also a fee of 60 PLN while regi
* Takes place simultaneously with another procedure.
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