A handover protocol as protection for our property
Text from 2022. Laws, rates and prices may have changed since then. Ask an agent
When buying or selling a house, despite the joy that often accompanies it, we should keep a cool head, because there are many situations that may cause us problems later. Limited trust is the watchword when finalising such an investment. A handover protocol (protokół zdawczo-odbiorczy) is then indispensable. Below you will find good advice on how to draw up the document so as to avoid unpleasant surprises, including legal ones.
The handover protocol on the front line of the transaction
A notarial deed (akt notarialny) is not a detailed enough document to protect us from unpleasant situations. It concerns the property itself, but will not protect us from a flat burdened with unpaid electricity or gas bills. A well-drafted handover protocol, on the other hand, does offer that protection. It is an important element of every sale and purchase transaction. It records the condition of the property at the moment ownership changes hands. When selling a flat, we agree on exactly what we are leaving in it. When buying, we agree on what we are acquiring at that moment besides the walls.
A reliable protocol as a guarantee of protection
When buying a flat or a house, we must be thorough and vigilant. We should carefully assess its technical condition and list the fittings and equipment, so as to have a strong argument in case items are later missing or replaced with ones of poorer quality in a property that already belongs to us. On the other side of the coin, an honest seller also wants a precise document. The buyer may later make false claims about the condition of the appliances or furniture left behind. This is where the handover protocol helps the seller.
The heart of the matter: what a handover protocol should contain
It is a formal document that protects both parties, so it must contain precise details such as the date and place of drawing it up and the specific address of the property. It should refer to the notarial deed or agreement relating to the given transaction. Every room, and the items in it, should be described meticulously. Everything should be listed, including movable property such as electrical appliances and furniture, but also fixtures such as sanitaryware, windows, floors and walls. Let us remember to state the technical condition of the items described. This also applies to all the building's systems: wiring, plumbing, drainage, gas, fire protection and alarm systems. It is worth including photographs in the documentation, preferably good-quality digital ones. Remember to note in the protocol that the photographs are attached. Finally, it should state the number of sets of keys handed over, not only for the front door but also, for example, for the letterbox or the parking space.
Meters and finalising the transaction
One of the most important things in the protocol is recording all the meters, so that there is no ambiguity as to who is responsible for a given utilities billing period. The serial number of the meter should be entered next to its specific reading. In case of any mistakes when recording, it is worth taking a photograph.
The handover protocol should be drawn up in two identical copies. So that everything is clear and there are no later claims, the end of the document should contain the statement: "The Seller has handed over the property and the Buyer has accepted it without reservations, confirming that the handover is in accordance with the above-mentioned agreement".
The handover protocol is the only document that precisely protects the rights connected with the sale and purchase of a property. It is worth devoting more time to it, because we can only gain by it and avoid losing out on later claims. If we have any doubts, it is best to trust an estate agency in Katowice, which will handle this and other matters professionally.
