Entries in the land and mortgage register (księga wieczysta)

Entries in the land and mortgage register (księga wieczysta) are very important both when buying and when selling a flat, house or commercial premises. They make it possible to establish the legal status of a property. If you are wondering whether a flat is encumbered with debt, the land and mortgage register is exactly where you can check. Find out what information you will find in the register and how much entries in it cost.

What information will we find in the land and mortgage register?

The land and mortgage register is a publicly available document in a public register. It clearly presents the legal status of a given property. This document is very important because it presents all information about the owners and any debts and restrictions. The document is divided into four sections. The first of them consists of two parts: one contains information on location, area, floor area, plot designations and the number of rooms. The second subsection is a list of matters relating to ownership. This part defines the owner's rights. Section two states who is the legal owner of the property. This section contains personal data, the PESEL number and other necessary data. Section three of the register contains information on restrictions of rights in rem and of disposal of the property, and on claims concerning the property. Here we will find all agreements: lease, sale, rental, right of repurchase and so on. The last section contains information on mortgages. It may happen that the last two sections of the register are empty. This is a very clear and favourable situation.

Setting up a land and mortgage register

Not every property has to have a land and mortgage register. In most cases, however, one has to be set up after acquiring premises, a flat or a house. This is subject to a fee. The fee for setting up this document is 60 PLN. This price also covers joining a property to a register that is already kept; separating a specific property; and a warning of a discrepancy between the legal status disclosed in the document and the actual legal status. The persons authorised to set up a register are property owners, persons with a right to the property, and an attorney. The application to set up a register must be accompanied by documents such as:

• a notarial deed (akt notarialny),
• a court ruling,
• an allocation from a housing cooperative,
• an extract from the land register,
• an extract from the register of buildings.

If we apply for the register to be set up at the same time as we acquire the property, we do not have to submit a separate application. The cost of entering the ownership right in section two of the register is a one-off fee of 200 PLN.

READ ALSO – HOW TO CORRECT INCORRECT DATA IN THE LAND AND MORTGAGE REGISTER?

Before buying a flat, check the entries in the land and mortgage register

When you want to buy a property, it is essential to check the entries in the register. Verifying them will help you avoid problems. You will find out who has rights to the property and whether it is encumbered with a mortgage. For several years now it has also been possible to view the register online. To get access to the register, we must obtain permission for a copy of it, which is granted by the district court.

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