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Documents

Documents needed to prepare a notarial act should be delivered to the Notary Public before the agreed date of performing the act so that he can assess whether the documents are correct and sufficient. Their prior analysis will allow for the efficient performance of the activities.

Documents assessed by the Notary Public as necessary to perform the activities should be delivered in original, at the latest when performing the activities. Below we present a list of basic documents necessary to prepare notarial deeds, covering the most frequently performed actions, and a detailed list of documents needed to perform the agreed notarial action can be obtained after meeting with the Notary and familiarizing him with the specific factual and legal status.

Each person participating in the notarial act should have a valid identity document with them (identity card, passport, or residence card).

  1. Basic documents necessary to draw up a sale agreement (e.g. sale, exchange, donation) of real estate constituting independent premises:
    • the number of the land and mortgage register kept for the premises,
    • a document constituting the basis for the purchase of the premises by the owner (e.g. an excerpt from a notarial deed covering the sale agreement),
    • energy performance certificate for a dwelling (if prepared),
    • a certificate from the city or commune office that the premises is or is not located in the area covered by the resolution on revitalization or the Special Revitalization Zone.
  2. Basic documents necessary to draw up a contract of sale (e.g. sale, exchange, donation) of land property (developed or undeveloped):
    • number of the land and mortgage register kept for the real estate (unless it is not kept),
    • a document constituting the basis for the purchase of the real estate by the owner (e.g. an extract from a notarial deed covering a sales contract),
    • excerpt from the land register, with an annotation that it is the basis for an entry in the land and mortgage register,
    • if the subject of the agreement is one plot of land, and there are more plots in the land and mortgage register and there is a need to establish a new land and mortgage register, an extract from the cadastral map is also required, with the annotation that it is the basis for an entry in the land and mortgage register,
    • a certificate from the city or commune office on the purpose of the plot in the local spatial development plan, if it is located in areas where the plan is in force or stating that the plot is not covered by the provisions of such a plan,
    • a certificate from the city or commune office that the property is or is not located in the area covered by the resolution on revitalization or the Special Revitalization Zone.
    • a certificate that the real estate is or is not covered by a simplified forest management plan or by the starost’s decision referred to in Art. 19 sec. 3 of the Forest Act (the document is issued by the competent Poviat Starost or, in cities with poviat rights, by the Mayor of the City),
    • certificate of the energy performance of a residential building (if it has been drawn up).
    • in the case of plot division, a map with the division project is required, with the annotation that it is the basis for the entry in the land and mortgage register and the final decision approving the division project, and in the case of other geodetic changes, a list of ground changes is necessary.
  3. Basic documents necessary to draw up a contract of sale (e.g. sale, exchange, donation) of the cooperative ownership right to the premises:
    • the number of the land and mortgage register kept for the cooperative ownership right to the premises if the land and mortgage register for this right has been established,
    • a document constituting the basis for the acquisition of a cooperative ownership right by the entitled person (e.g. an allotment issued by a housing cooperative or an excerpt from a notarial deed covering a sales contract),
    • a current certificate issued by a housing cooperative stating that the seller has the right that is the subject of the contract.In each of the above cases, if the property or right was acquired on the basis of inheritance, usucapion or a donation agreement made after January 1, 2007, or free-of-charge abolition of co-ownership, a certificate issued by the head of the relevant tax office stating that the inheritance and gift tax was not has been or has been regulated.
  4. Basic documents necessary to draw up the act of inheritance certification:
    • an abridged copy of the testator’s death certificate,
    • an official document including the testator’s PESEL number (certificate issued for this purpose by the competent administrative authority),
    • abridged copies of civil status records of heirs – a copy of a birth certificate or a copy of a marriage certificate in the case of women who changed their surname as a result of marriage,
    • all wills made by the testator,
    • succession waiver agreements, if any,
    • if the inheritance includes real estate or a cooperative ownership right to premises with an established land and mortgage register number of the land and mortgage register kept for this real estate or right.
  5. In the case of making a will, the details of the person appointed to the estate (name, surname, parents’ names, PESEL number, address of residence) should be provided to the Notary Public, and in the case of making a will with a record (ordinary or debt collection) additionally a document constituting the basis for the testator’s purchase of real estate or a cooperative ownership right to the premises – which are the subject of the record.
  6. In the case of drawing up a marriage contract (e.g. a prenuptial agreement), an abridged copy of the marriage certificate should be presented to the Notary.
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