How a Notary Checks Real Estate in Poland and What a Buyer Should Know

How a Notary Checks Real Estate in Poland and What a Buyer Should Know

When purchasing real estate in Poland, the transaction must go through a notary.
However, many buyers have a dangerous assumption: the notary will check everything for me.

This is not entirely true.

Who the Notary Is in the Transaction

A notary operates under the Polish Notary Law (Prawo o notariacie).

Their responsibilities include:
• drafting and certifying the notarial deed
• verifying documents
• ensuring the legality of the transaction
• protecting both parties within the notarial act

A notary is a key participant in ensuring a legally valid transaction,
but they are not the buyer’s personal lawyer.

It is important to understand:
the safety of the transaction begins even before the visit to the notary — which is why it is essential to understand why the Księga wieczysta is the key to a safe property purchase.

What the Notary Actually Checks

1. Księga wieczysta (Land and Mortgage Register)

The notary checks:
• who the legal owner is
• whether there is a mortgage
• whether there are restrictions
• whether there are entries affecting the transaction

If you want to understand these entries before signing the deed, it is important to learn how the Księga wieczysta is structured and how to read its sections.

2. Identity and Authority of the Parties

The notary verifies:
• identity documents
• the right to dispose of the property
• power of attorney (if applicable)

3. Legal Basis of Ownership

The notary analyzes how the seller acquired the property:
• previous purchase agreement
• inheritance
• court decision
• other legal basis

This ensures that the ownership is legally valid.

4. Consents and Additional Conditions

For example:
• spouse’s consent
• participation of co-owners
• bank consent (if there is a mortgage)
• payment structure

What the Notary Does NOT Do

This is a critical point for buyers.

A notary:
• does not conduct full due diligence of the property
• does not deeply analyze all risks on behalf of the buyer
• does not represent only one party
• does not replace independent verification of the property
• is not responsible for the buyer’s understanding of all risks

The notary acts neutrally and within the law.

That is why it is important for the buyer to know in advance how to check the Księga wieczysta online before the transaction.

How the Notary Handles a Mortgage

If the property has a mortgage (hipoteka), the process typically looks like this:

• the seller obtains documents from the bank
• the payment structure is defined in the agreement
• part of the funds may be transferred directly to the bank
• after the transaction, an application is filed to update the KW

The notary prepares the correct legal framework,
but does not remove the mortgage themselves.

That is why it is important to check in advance whether there are additional risks — especially those described in the article dangerous entries in the Księga wieczysta.

Why the Buyer Must Understand the Księga wieczysta

Even in a notarial transaction, the buyer should understand:

• who the owner is
• whether there are third-party rights
• whether there are restrictions
• whether there is a wzmianka
• how the mortgage will be settled
• what risks may exist

A notary will not analyze the situation as deeply
as is necessary for you as the future owner.

If you need a complete step-by-step guide, start with:
Księga wieczysta in Poland: how to check property and avoid losing money.

When Additional Verification Is Necessary

Do not rely solely on the notarial process if:

• there are complex entries in Section III
• the property has multiple owners
• the property was acquired through inheritance
• there is a wzmianka
• there are easements or lifetime residence rights
• you are buying a house, land, or townhouse
• the purchase is remote
• the price is significantly below market

In such cases, additional analysis is strongly recommended before signing.

Conclusion

A notary is an essential and mandatory part of the transaction.

However, it is crucial to understand:

the notary formalizes the transaction,
but the safety of the purchase begins before the notary — with proper verification.

The best approach:

• check the Księga wieczysta yourself
• ask questions
• understand the risks
• involve a specialist if necessary
• only then proceed to the notary

How We Help You Prepare for the Transaction

If you want to avoid mistakes and risks, OKEASK specialists can:

• check the Księga wieczysta
• explain each entry in simple terms
• identify hidden risks
• review the seller’s documents
• prepare you for the notarial process
• support you throughout the purchase

Phone: +48 574 672 833
E-mail: [email protected]

Read Also

• Księga wieczysta in Poland: how to check property and avoid losing money
• Why the Księga wieczysta is key to a safe property purchase
• How the Księga wieczysta is structured and how to read it
• How to check the Księga wieczysta online
• Dangerous entries in the Księga wieczysta: what buyers should watch out for