Signing the notarial deed - what should you know?

We should end the process of buying our new home with a visit to the notary and the signing of a notarial deed (akt notarialny). In this way we give legal force to the agreement concluded with the owner and become the full legal owners of the property we have acquired. What must a notarial deed contain, and what is worth asking the notary?

What exactly is a notarial deed and what should it contain?

When signing the notarial deed that finalises our transaction, we must realise that it is an official document. It definitively confirms the transfer of ownership of the property in the eyes of the law, placing on the new owner both the rights and the obligations connected with owning the property. The notarial deed also approves all the documents and certificates presented by the buyer and seller of the flat, attesting to their authenticity.

The notary authorised to do so is responsible for drawing up the document correctly; on the basis of the notarial deed, they also apply for changes in the land and mortgage register (księga wieczysta), which from that moment will show that we are the rightful owners of the property we bought. The notarial deed is, as we can see, extremely important in the eyes of the law. That is exactly why every estate agent in Katowice will insist on having one drawn up. It will give us complete peace of mind as to our ownership rights.

For the notarial document to be legally effective, however, it must be drawn up correctly. What important information should the notary include in it?

• the details of the parties (natural or legal persons) concluding the agreement
• the declarations of the parties, if any are necessary
• the exact sale price of the property and confirmation of payment
• information on the change of ownership of the property
• the application to the court for changes in the land and mortgage register
• the signatures of the parties and the notary, confirming acceptance of the deed
• the details of the notary responsible for the document

What to check before signing?

For our safety and peace of mind, before we sign the notarial deed and thereby finalise the purchase of the property, we should make sure that all the details of the transaction are accurate. Let us not be afraid to ask the seller of the flat for proof that they are the sole owner of the property. A deed establishing ownership or the sale agreement on the basis of which they bought it on the secondary market will help here.

We can also ask the notary for help when we want to check the financial matters connected with the premises. Let us be sure to go through the documents and find out whether there are any outstanding charges on the flat: service charges, property tax or loans. Let us also get to know the seller themselves, for example to check that they have no debts.

Checking such details may seem unnecessary; as a rule we do not believe, after all, that the seller wants to deceive us. On the housing market, however, various situations occur, resulting from simple chance or oversight rather than ill will, and that is precisely why it is worth taking care of our own peace of mind.