Apartment sale – notary in Kraków

A notarial deed is a condition for the valid sale of an apartment. When planning such a transaction in Kraków, the required documents, the costs and the moment at which ownership passes should be settled before signing, so that both parties are clear on these points. Ownership of the apartment passes to the buyer at the moment the deed is signed, not only once the price has been paid.

How does the sale of an apartment before a notary proceed?

A sale agreement for an apartment takes legal effect only once it has been concluded before a notary. At our office in Kraków we verify the identity of the parties, check the land and mortgage register, including mortgages, easements and other restrictions, prepare the draft deed and, after signing, issue official copies. These steps follow from the Act on the Notarial Profession and from the nature of the transaction.

Where the apartment is joint property, both spouses take part in the act, unless a duly authorised attorney-in-fact acts on their behalf. Where part of the price is financed by a loan, the deed covers the terms of the transfer, the payment dates and the date on which the apartment is handed over. We set the date after a preliminary review of scans of the documents. If you would like to check that your documents are complete before signing, please send them to us.

Which documents should be prepared before the deed?

The range of documents depends on the legal status of the apartment, but the basic set is similar. Gathering the documents in advance makes it easier to prepare the deed and shows which certificates are missing. Those most often needed are:

• a valid identity card or mDowód (digital ID) of each party
• the land and mortgage register number of the apartment, or a document concerning the cooperative ownership right to premises
• the document confirming the basis on which the apartment was acquired
• the loan agreement, where part of the price comes from a bank loan
• the required certificates, including the apartment’s energy performance certificate

What does the cost of the notarial deed consist of?

The cost of selling an apartment covers more than the office’s remuneration. The notarial fee for the sale of an apartment depends on its value and cannot exceed the maximum rates set out in the regulation. Fees for official copies of the deed are added to this.

The transaction also involves public charges. These include the court fee for entering the right of ownership in the land and mortgage register and, where a loan is involved, the fee for entering the mortgage. For a purchase on the secondary market, the Kraków notary collects tax on civil law transactions (PCC) at 2%, unless the buyer benefits from the exemption for the purchase of a first home.

Organisation of the notarial act

The act proceeds as agreed if the content of the deed, the method of payment and the date of handover are settled before the meeting. The notary reads out the deed, clarifies any doubts and issues official copies, while the original remains at the notary office. This way of working puts the parties’ obligations in order. In practice it covers:

• verification of the legal status of the apartment before signing
• a description of the price, the payment dates and the handover of the apartment
• identification of the parties in line with anti-money laundering regulations
• filing the land and mortgage register application together with the deed

To set a date for the sale of an apartment before a notary in Kraków, please contact us by telephone or through the form.

Rules for selling an apartment before a notary

• A notarial deed is required because it alone validly transfers ownership of the apartment to the buyer.
• Preparing a complete set of documents before visiting the notary makes it possible to plan the course of the act and to detect formal deficiencies.
• The scope of the act and the costs should be taken into account, because the notary checks the legal status of the apartment, files the application with the land and mortgage register and collects the charges connected with the transaction.