04.05.2026 - Testowa
Notarial deed when buying an apartment – what does it include and why is it so important?
What is a notarial deed for an apartment and what legal function does it serve?
A notarial deed is an official document drawn up by a notary public, confirming the transfer of ownership rights to real estate. Without it, a property purchase transaction has no legal effect – no agreement made solely between the parties can replace this form. The notary, as a public trust official, verifies the identity of the parties, the legal status of the property, and compliance with applicable law.
Before signing the deed, the parties often conclude a developer agreement, which regulates the conditions of purchasing an apartment on the primary market and provides legal protection for the buyer during the construction phase.
What does a notarial deed contain and what does it look like?
A properly prepared notarial deed for purchasing an apartment includes several key elements:
- identification details of the parties – names, surnames, PESEL numbers, and addresses of both buyer and seller,
- detailed description of the property – unit number, floor area, floor level, and information about ancillary spaces such as a storage unit or parking space,
- land and mortgage register number and legal status of the property – confirmation of no mortgage encumbrances or third-party claims,
- sale price and payment terms – deadline and method of transferring funds,
- declaration of ownership transfer – a clause formally transferring ownership from seller to buyer,
- obligation to submit an application for entry into the land and mortgage register – usually sent electronically by the notary immediately after signing.
What does easement mean in a notarial deed?
When analyzing the content of a notarial deed, you may come across a reference to an easement. What is a housing easement? It is a limited property right that allows a specific person to use your property or land within a defined scope. An easement may include, for example, the right of way through a plot or access to utilities.
How much does a notarial deed cost?
Notary fees are regulated by the Minister of Justice and mainly depend on the property value. The maximum notarial fee is:
Property value | Maximum fee (net) |
| up to 3,000 PLN | 100 PLN |
| 3,000 – 10,000 PLN | 100 PLN + 3% of the excess over 3,000 PLN |
| 10,000 – 30,000 PLN | 310 PLN + 2% of the excess over 10,000 PLN |
| 30,000 – 60,000 PLN | 710 PLN + 1% of the excess over 30,000 PLN |
| 60,000 – 1,000,000 PLN | 1,010 PLN + 0.4% of the excess over 60,000 PLN |
| 1,000,000 – 2,000,000 PLN | 4,770 PLN + 0.2% of the excess over 1,000,000 PLN |
| over 2,000,000 PLN | 6,770 PLN + 0.1% of the excess over 2,000,000 PLN (max 10,000 PLN*) |
The notarial fee is subject to 23% VAT, and there is also a fee for copies of the deed (6 PLN net per page). Buyers on the primary market are exempt from the civil law transaction tax (PCC), which on the secondary market amounts to 2% of the property value. The total notarial cost for a 600,000 PLN apartment may be around 3,500–5,000 PLN, depending on the number of copies and the notary office’s rates.
If you are looking for a new apartment, offers from:
- a developer in Warsaw,
- a developer in Szczecin,
- a developer in Gdańsk
allow you to avoid the additional PCC tax, which effectively reduces the total transaction cost.
How does signing a notarial deed proceed and what should be done after the transaction?
Before visiting the notary’s office, both parties must gather a complete set of documents. The notary will verify their correctness and check the legal status of the property. Standard documents include:
- identity documents of the parties,
- current land and mortgage register extract,
- legal basis of the seller’s ownership,
- certificate confirming no registered occupants,
- certificate confirming no outstanding maintenance fees,
- for the primary market: developer agreement and developer documentation.
During the appointment, the notary reads the deed aloud, and then the parties sign it. After signing, the notary submits an electronic application for entry of ownership rights into the land and mortgage register.
By choosing cooperation with J.W. Construction, you can count on full substantive support in preparing the necessary documentation, making the notary visit a purely formal and stress-free final step of the purchase process.
FAQ – frequently asked questions
What does a notarial deed mean?
A notarial deed is an official document prepared by a notary confirming a legal transaction – in the case of real estate, the transfer of ownership from seller to buyer. It has the highest evidentiary value among private and official documents.
Is a notarial deed the same as a property deed?
Yes, a notarial deed confirming the sale of real estate is also a property deed. These terms are often used interchangeably, although ownership may also result from a court decision confirming inheritance or an inheritance certificate.
What should be done after a notarial deed?
After signing the deed, the notary submits an application to update ownership in the land and mortgage register. The buyer should report the purchase to the tax office (secondary market), inform the housing association about the change of ownership, and update property tax data at the municipal office.
How to obtain a notarial deed from the land and mortgage register?
A copy of the notarial deed is issued by the notary office that prepared it. If the office no longer exists, the deed can be found in the court archive of the relevant district court or in the Central Repository of Electronic Copies of Notarial Deeds.
Is a notarial deed legally binding?
Yes, a notarial deed is legally binding for both parties. It constitutes full proof of the agreement and cannot be unilaterally revoked. It can only be changed by executing another notarial deed.
What is more important, title or ownership deed?
A title of ownership is a general concept referring to the legal basis of property rights. A property deed is a specific document confirming that title. In practice, both describe the same right, but a notarial deed is its formal, official confirmation with the highest evidentiary value.
