In Poland, the notary plays a crucial role in the home-buying process, ensuring that the transaction is legally sound and properly documented. Unlike in some other countries where a lawyer might handle the closing, Polish law mandates the involvement of a notary public in the purchase and sale of real estate.
The notary’s primary responsibility is to prepare the notarial deed—the official document that records the transfer of ownership from the seller to the buyer. This deed is essential, as a real estate transaction in Poland is not considered legally binding unless it is executed in the form of a notarial deed.
Before drafting this deed, the notary verifies the identities of the parties involved, checks the property’s legal status, including its ownership and any encumbrances, and ensures that all legal requirements, such as obtaining necessary permits and consents, are met. The notary also ensures that the transaction complies with Polish property law and that both parties fully understand their rights and obligations.
In addition to drafting the notarial deed, the notary handles the payment of taxes associated with the transaction, such as the civil law transaction tax (PCC), and assists with registering the change of ownership in the land and mortgage register.
Finally, the notary acts as a neutral party, safeguarding the interests of both the buyer and the seller, and ensuring transparency throughout the transaction. Their involvement is key to preventing legal disputes and ensuring that the home-buying process is completed smoothly and in accordance with Polish law.
The notary’s role is, therefore, indispensable in providing legal security and peace of mind to both parties in the home-buying process in Poland.
