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Ease of Doing Business in

Poland

Poland Download Profile (1765KB, pdf)
Region OECD high income
Income Category High income
Population 37,999,494
GNI Per Capita (US$) 13,370
City covered Warsaw

190

1

DB 2017 Rank

1

100

DB 2017 DTF (% points)

  • local_library
  • group
Topics DB 2017 Rank DB 2016 Rank info_outline Change in Rank DB 2017 DTF (% points) info_outline DB 2016 DTF (% points) info_outline Change in DTF (% points) info_outline
Overall 24 25 up
1
77.81 77.04 down
0.77
Starting a Business 107 102 down
5
84.22 84.18 up
0.04
Dealing with Construction Permits 46 52 up
6
75.15 74.24 up
0.91
Getting Electricity 46 48 up
2
81.35 80.15 up
1.20
Registering Property 38 36 down
2
76.49 76.90 down
0.41
Getting Credit 20 19 down
1
75.00 75.00
-
Protecting Minority Investors 42 40 down
2
63.33 63.33
-
Paying Taxes 47 44 down
3
82.73 82.77 down
0.04
Trading across Borders 1 1
-
100.00 100.00
-
Enforcing Contracts 55 56 up
1
63.44 63.44
-
Resolving Insolvency 27 33 up
6
76.37 70.43 up
5.94

Positive= Doing Business reform making it easier to do business.Negative= Change making it more difficult to do business.

DB 2017 Rank:

38

DB 2016 Rank:

36

Change in Rank:

down2

DB 2017 DTF (% points):

76.49

DB 2016 DTF (% points):

76.90

Change in DTF (% points):

down0.41

STANDARD PROPERTY TRANSFER
Property value PLN 2,287,441
City Warsaw
Indicator Poland OECD high income
Procedures (number) info_outline 6 4.7
Time (days) info_outline 33 22.4
Cost (% of property value) info_outline 0.3 4.2
Quality of the land administration index (0-30) info_outline 19.5 22.7
  • Measure of efficiency
    No. Procedure Time to Complete Associated Costs
    1

    Obtain a certificate of the property allocation in the local Spatial Development Plan

    Agency: Warsaw City Hall - Office of Architecture and Spatial Planning

    Parties obtain an extract of the local Spatial Development Plan entry in order to verify that the property is not classified as agricultural property. If it were agricultural, certain limitations on the transfer would apply. The cost of this extract is of PLN 30. Due to recent changes in national legislation, 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 certificate of property allocation in the Spatial Development Plan that also certifies, if applicable, that there is no Plan for the relevant property. The cost of the certificate is of PLN 17. Some information concerning the Spatial Development Plan (e.g. information about the coverage by the plan) is also available online. If the information online is sufficient and detailed, the notary may not need to request an additional document.

    14 days (simultaneous with Procedures 2, 3 and 4) PLN 17 (PLN 5 for the application and PLN 12 for the certification)
    * 2

    Obtain an extract of the Cadastre entry

    Agency: Warsaw City Hall - Office of Geodesy and Cadastre

    Parties obtain an extract of the Cadastre entry 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 Development Plan is adopted for the area this information will constitute the basis to determine the plot type.

    7 days (simultaneous with Procedures 1, 3, and 4) PLN 50, PLN 150 (extract along with the Cadaster map) in paper;
    PLN 40, PLN 140 (extract along with the Cadastre map (in electronic form);
    * 3

    Obtain an extract of the Land and Mortgage Registry entry

    Agency: Land and Mortgage Registry

    The seller must obtain an extract of the Land and Mortgage Registry entry, which will need to be presented to the notary. This document discloses the owner or perpetual usufructuary of the property. It also discloses whether there are any mortgages or other encumbrances over the property. The extract of the entry from the Land and Mortgage Register can be issued either by the relevant court, or directly through the online platform. The cost of the full extract is of PLN 60 if obtained through the court, and PLN 50 if requested online. The price of the abbreviated extract is of PLN 20 if requested online. According to the legislation, the Land and Mortgage Registry is maintained in electronic form and available on www.ekw.ms.gov.pl . The transition to the electronic system started in September 2004.

    Less than a day (online procedure; simultaneous with procedures 1, 2, and 4)
    PLN 20 (abbreviated extract); PLN 50 (full extract)
    * 4

    Obtain company record from the National Court Register

    Agency: National Court Register

    As the purchaser and the seller are companies, a record from the register of entrepreneurs of the National Court Register is required, in order to establish who is authorized to transfer the property (e.g. who is an authorized director in the case of a limited liability or a joint stock company). The record can be obtained for free online through the official website https://ems.ms.gov.pl/.

    Less than a day (online procedure; simultaneous with procedures 1, 2, and 3)

    No cost (extract obtained online);
    PLN 30 (abbreviated extract);
    PLN 60 (full extract)
    5

    A notary executes the sale or transfer agreement

    Agency: Notary

    The agreement on the transfer of ownership or perpetual usufruct of the property must be executed in the form of a notarial deed. The notarial deed includes information obtained from the Land and Mortgage Registry, from the Cadastre, from the Spatial Development Plan and from the National Court Register. Necessary documents are either brought by the parties or obtained by the notary through online platforms. Based on this information, the notary will also establish whether the persons who sign the agreement are authorized to represent the company. The corporate consent of the shareholders' meeting for the transfer of the property is required by the Companies Code unless the Articles of Association excludes such necessity. The relevant corporate consent must be presented to the notary public, in order to establish the validity of the transfer of the property.

    For all properties that exceed EUR 15,000 the notary must inform the General Inspector for Financial Information (GIIF). He sends this information to the GIIF through a dedicated webpage: https://www.giif.mofnet.gov.pl/giif/;
    Additionally the notary sends:
    a. A letter to the Tax Office (to inform about the transaction);
    b. A letter to the Cadastre (to inform about the changes);
    c. A letter to the City Hall (to inform of the change of the owner).

    1 day Notary’s fees are based on the following fee schedule, that sets the maximum chargeable fees:
    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 60,000 PLN - 710 PLN + 1 % of excess over 30,000 PLN;
    5) from 60,000 PLN to 1.000.000 PLN – 1,010 PLN + 0,4 % of excess over 60,000 PLN;
    6) from 1,000,000 PLN to 2,000,000 PLN – 4,770 PLN + 0,2 % of excess over 1,000,000 PLN;
    7) from 2,000,000 PLN – 6,770 PLN + 0,25 % of excess over 2,000,000 PLN, but no more than 10,000 PLN, and if the transaction is between close relatives 7,500 PLN.

    The fee cannot exceed 10,000 PLN or 7,500 PLN (for the person from the first group of taxpayer). Legal basis: Regulation of the Ministry of Justice dated 28 of June 2004.
    6

    Apply for registration at the Land and Mortgage Registry of the relevant court

    Agency: Land and Mortgage Registry

    The transfer of the property is registered at the Land and Mortgage Registry of the relevant court. Although the ownership of the property is legally transferred from the moment of the signature of the sale agreement in the presence of the notary, updating the Land and Mortgage Registry is a necessary step to finalize the property transfer, and allow the new owner to fully benefit from the property (for example by using the property as a collateral for a loan). The notary sends the notarial deed and additional documentation (if needed) to the relevant court in charge of the Land and Mortgage Registry. The procedure is complete when the owner receives an official notification from the court that the transfer is registered. If the parties believe a mistake was made in the registration, they can fill a complaint to contest the decision. The registration becomes legally binding after 7 days (if a referendarz registered the property) and 14 days (if it was a judge).

    18 days The registration fee amounts up to PLN 200 to PLN 150 depending on circumstances (transfer of ownership for whole real estate) or the equivalent part (transfer of partial ownership) but no less than PLN 100.

    * Takes place simultaneously with previous procedure.

  • Measure of quality
    Answer Score
    Quality of the land administration index (0-30) 19.5
    Reliability of infrastructure index (0-8) 7.0
    What is the institution in charge of immovable property registration? Land and Mortgage Registry
    In what format are the majority of title or deed records kept in the largest business city—in a paper format or in a computerized format (scanned or fully digital)? Computer/Fully digital 2.0
    Is there an electronic database for checking for encumbrances (liens, mortgages, restrictions and the like)? Yes 1.0
    In what format are the majority of maps of land plots kept in the largest business city—in a paper format or in a computerized format (scanned or fully digital)? Computer/Fully digital 2.0
    Is there an electronic database for recording boundaries, checking plans and providing cadastral information (geographic information system)? Yes 1.0
    Is the information recorded by the immovable property registration agency and the cadastral or mapping agency kept in a single database, in different but linked databases or in separate databases? Separate databases 0.0
    Do the immovable property registration agency and cadastral or mapping agency use the same identification number for properties? Yes 1.0
    Transparency of information index (0–6) 2.5
    Who is able to obtain information on land ownership at the agency in charge of immovable property registration in the largest business city? Freely accessible by anyone 1.0
    Is the list of documents that are required to complete any type of property transaction made publicly available–and if so, how? No 0.0
    Link for online access:
    Is the applicable fee schedule for any property transaction at the agency in charge of immovable property registration in the largest business city made publicly available–and if so, how? Yes, online 0.5
    Link for online access: http://isap.sejm.gov.pl/DetailsServlet?id=WDU20051671398
    Does the agency in charge of immovable property registration commit to delivering a legally binding document that proves property ownership within a specific time frame–and if so, how does it communicate the service standard? No 0.0
    Link for online access:
    Is there a specific and separate mechanism for filing complaints about a problem that occurred at the agency in charge of immovable property registration? No 0.0
    Are there publicly available official statistics tracking the number of transactions at the immovable property registration agency? No 0.0
    Number of property transfers in the largest business city in 2015:
    Who is able to consult maps of land plots in the largest business city? Freely accessible by anyone 0.5
    Is the applicable fee schedule for accessing maps of land plots made publicly available—and if so, how? No cost 0.5
    Link for online access: www.dziennikustaw.gov.pl. Plans can be examined online free of charge. Any official excerpts/outlines are chargeable. As mentioned if one wants to just view the map online, it is free of charge. But if one wants more precise data, then those are available under a formal application after the payment of an official fee. Fee schedule is based on act Prawo Geodezyjne i Kartograficzne: table 10 contains the fee specification.
    Does the cadastral or mapping agency commit to delivering an updated map within a specific time frame—and if so, how does it communicate the service standard? No 0.0
    Link for online access: The authority issuing decision regarding plots is obliged to sent the updated information directly to the cadastral agency (it applies among other things to subdivision of plots).
    Is there a specific and separate mechanism for filing complaints about a problem that occurred at the cadastral or mapping agency? No 0.0
    Geographic coverage index (0–8) 4.0
    Are all privately held land plots in the economy formally registered at the immovable property registry? No 0.0
    Are all privately held land plots in the largest business city formally registered at the immovable property registry? Yes 2.0
    Are all privately held land plots in the economy mapped? No 0.0
    Are all privately held land plots in the largest business city mapped? Yes 2.0
    Land dispute resolution index (0–8) 6.0
    Does the law require that all property sale transactions be registered at the immovable property registry to make them opposable to third parties? Yes 1.5
    Is the system of immovable property registration subject to a state or private guarantee? Yes 0.5
    Is there a specific compensation mechanism to cover for losses incurred by parties who engaged in good faith in a property transaction based on erroneous information certified by the immovable property registry? Yes 0.5
    Does the legal system require a control of legality of the documents necessary for a property transaction (e.g., checking the compliance of contracts with requirements of the law)? Yes 0.5
    If yes, who is responsible for checking the legality of the documents? Registrar; Notary; Lawyer.
    Does the legal system require verification of the identity of the parties to a property transaction? Yes 0.5
    If yes, who is responsible for verifying the identity of the parties? Notary.
    Is there a national database to verify the accuracy of identity documents? No 0.0
    For a standard land dispute between two local businesses over tenure rights of a property worth 50 times gross national income (GNI) per capita and located in the largest business city, what court would be in charge of the case in the first instance? If the dispute is based upon article 10 of the Land &Mortgage Law it will be resolved by a district court (sąd rejonowy) in other cases - circuit court (sąd okręgowy) due to the value of the subject of the case
    How long does it take on average to obtain a decision from the first-instance court for such a case (without appeal)? Between 1 and 2 years 2.0
    Are there any statistics on the number of land disputes in the first instance? Yes 0.5
    Number of land disputes in the largest business city in 2015:
    Equal access to property rights index (-2–0) 0.0
    Do unmarried men and unmarried women have equal ownership rights to property? Yes 0.0
    Do married men and married women have equal ownership rights to property? Yes 0.0