Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Real Estate Lawyer
Conveyancing in Poland covers the legal processes needed to transfer rights in real property - houses, apartments, plots, commercial premises and land. In Hrubieszów this process follows national Polish law combined with administrative procedures handled locally by municipal and county offices. Key stages include due diligence on title and encumbrances, drafting and signing of the notarial deed, payment of applicable taxes and fees, and registration of the new owner in the land and mortgage register - księga wieczysta.
Many transactions are straightforward, but real property purchases and sales can involve complex checks - for example zoning and planning status, mortgage encumbrances, easements, building permit history and local pre-emption rules. Because sale of real estate must generally be executed as a notarial deed to be effective under Polish law, notaries play a central role in conveyancing. Lawyers and advisers help protect buyers and sellers by performing legal due diligence, negotiating or drafting preliminary and final agreements, and guiding clients through tax, registration and administrative steps.
There are several common situations where legal assistance is useful or essential in conveyancing:
- Complex title or encumbrances - if the land and mortgage register shows mortgages, easements, liens or disputes, a lawyer helps clear or manage them.
- Incomplete documentation - old or missing deeds, unresolved inheritance issues or unclear boundaries require legal and sometimes court action.
- Transactions with developers - buying a new apartment or off-plan property involves specific consumer protection issues, contract risks and tax implications.
- Purchases of agricultural land or special-use plots - these sales may be subject to extra statutory restrictions and approvals.
- Cross-border or foreign buyer issues - non-resident buyers face different procedural, tax and financing issues.
- Drafting and negotiating preliminary agreements - an umowa przedwstępna (preliminary contract) often includes deposits or contractual penalties - a lawyer protects your position.
- Disputes and litigation - if the sale is contested, a lawyer represents you in court or in settlement negotiations.
- Tax optimization and compliance - lawyers and tax advisers help calculate PCC, VAT or income tax consequences and ensure correct reporting.
Even where not legally required, early legal advice reduces risk, speeds up closing and helps avoid unexpected costs after purchase.
Conveyancing in Hrubieszów is governed primarily by national Polish legislation - the Civil Code, the Notarial Law, the Act on Land and Mortgage Registers, tax law and planning and construction law - but local administrative practices matter. Key local and national elements to watch:
- Notarial form requirement - sale and other transfers of ownership in real estate are typically required to be concluded by notarial deed (akt notarialny). A notarial deed is normally prepared and signed before a notary public - notariusz.
- Land and mortgage registers - the Wydział Ksiąg Wieczystych at the relevant district court records ownership and encumbrances. Buyers should obtain an up-to-date excerpt or check the Elektroniczne Księgi Wieczyste (eKW) system to confirm the seller is the registered owner and whether there are mortgages or other entries.
- Local planning and building rules - local zoning plans (Miejscowy Plan Zagospodarowania Przestrzennego - MPZP) and decisions on conditions for development affect what can be built on a plot. These documents are handled by the Urząd Miasta or Urząd Gminy and the Starostwo Powiatowe in Hrubieszów.
- Taxes and duties - buyers usually pay the civil law activities tax - PCC - at 2% on private resale transactions. Purchases of new developer properties are often subject to VAT instead of PCC, and the tax treatment differs by transaction type. Individuals who sell property within five years from the end of the year of acquisition may have income tax obligations on the gain. Local tax offices - urzędy skarbowe - administer these taxes.
- Agricultural land rules - sale of agricultural land is subject to special rules and may require approval or have restrictions under the Agricultural Property Agency regulations and related laws. If you are buying farmland near Hrubieszów, confirm whether these rules apply.
- Municipality pre-emption and public rights - in some cases the municipality may have a right of first refusal or there may be other public-law claims. Check with the municipal office for any local pre-emption rights or obligations affecting the plot.
- Building permits and record of works - permits and completed construction work are recorded by local authorities. Before purchase, verify that constructed buildings have the necessary permits and are legally compliant.
Yes - in most typical sales of real property in Poland the final transfer of ownership must be executed as a notarial deed. The notary prepares or reviews the deed, confirms identities and the legal status of parties, calculates and collects some taxes and fees and files necessary documents for registration. A lawyer can prepare or review transaction documents ahead of the notary appointment.
Check the land and mortgage register - księga wieczysta - for the property. You can obtain an excerpt from the Wydział Ksiąg Wieczystych at the district court or use the national Elektroniczne Księgi Wieczyste - eKW - database. A lawyer or notary typically obtains and reviews the register to ensure no unexpected encumbrances exist.
Common costs include notary fees, court fees for registration in the land and mortgage register, possible agent fees, and taxes. For private resale transactions the buyer usually pays PCC at 2% of the property price. For purchases from developers or new-builds, VAT may apply instead of PCC. Sellers who dispose of property within five years from the end of the year of acquisition may have income tax on the gain. Always confirm tax treatment with a tax adviser or lawyer because the rules depend on the transaction type.
An umowa przedwstępna - preliminary agreement - sets out the intention to enter into a final sales contract later and often includes a deposit or zadatek. It is commonly used to fix terms while arranging financing or documents. While not strictly required, it provides contractual protection and is recommended when the final notarial deed cannot be signed immediately.
Foreign natural persons and companies can buy real estate in Poland, but there are additional restrictions and procedures for non-EU citizens in some cases, and extra approvals may be necessary for agricultural land or forest. If you are a non-Polish buyer, get legal advice early to check whether special permits or notifications are required.
Confirm whether the plot is covered by a local zoning plan (MPZP) and what uses are permitted. If there is no MPZP, inspect decisions on building conditions - decyzja o warunkach zabudowy. Verify building permits and that completed works were approved or have a proper occupancy permit. Check utility connections and access roads. A lawyer will advise whether additional investigations or permits are needed.
Timing varies. Once due diligence is complete and the parties sign the notarial deed, the notary usually submits documents to the land and mortgage register - the court then processes registration, which can take weeks to months depending on the court backlog and whether any issues arise. Allow several weeks for the whole process, and longer if additional approvals are needed.
If the property carries a mortgage or other encumbrance, the buyer must know whether the encumbrance will be removed at closing or remain on the title. Often sellers arrange for discharge of mortgages before or at closing, sometimes using bank statements or agreement with the lender. A lawyer negotiates protective provisions - for example retaining part of the purchase price in escrow until encumbrances are lifted.
Notary fees are typically agreed by the parties but in practice the buyer often covers notary and court registration fees, unless agreed otherwise. The notary issues a fee table and the court charges a fee for entry into the land and mortgage register. Legal fees for lawyers and any agent commission are paid according to separate agreements.
Inherited property can have complex title histories. Confirm that inheritance was properly settled and that the seller is the registered owner or has title documents that can be converted into a notarial deed. Verify that the property is not subject to heirs' claims. A lawyer will review probate records, inheritance agreements and title chain to ensure clean transfer.
Useful local and national institutions and resources to consult when dealing with conveyancing in Hrubieszów:
- District court - Wydział Ksiąg Wieczystych - for land and mortgage register matters and court filings.
- Urząd Miasta Hrubieszów - municipal office - for local planning information, zoning plans and local taxes.
- Starostwo Powiatowe w Hrubieszowie - county office - for building permits and some administrative approvals.
- Urząd Skarbowy - local tax office - for tax guidance and administrative matters relating to PCC, VAT and PIT implications.
- Okręgowa Izba Notarialna and local notaries - for notarial acts and guidance on notarial formalities. Notaries also often handle tax payments and registration filings.
- Local bar associations and chambers of advocates or legal advisors - for locating experienced property lawyers - adwokat or radca prawny.
- Elektroniczne Księgi Wieczyste - eKW - the national electronic land and mortgage register system for checking entries (seek assistance if you are unfamiliar with the system).
- Agricultural Property Agency and relevant rural land administration bodies - if the property is agricultural, check restrictions and approval requirements.
- Consumer protection offices - for buyer protections when dealing with developers or commercial sellers.
If you need legal assistance with conveyancing in Hrubieszów - follow these practical steps:
- Gather documents - collect any title deeds, previous notarial acts, land and mortgage register number, parcel numbers, cadastral extracts, planning documents and any agreements you already have.
- Order up-to-date excerpts - obtain the latest land and mortgage register excerpt and any registry extracts. If you are unsure how to do this, ask a notary or lawyer to help.
- Arrange an initial consultation - contact a local lawyer experienced in real estate law. Prepare questions and bring copies of documents for review. If you need help finding counsel, contact the regional bar association or notarial chamber for recommendations.
- Perform due diligence - have your lawyer check title, encumbrances, planning status, taxes and any legal limitations. This step can prevent costly surprises.
- Negotiate and document terms - use a written preliminary agreement if closing will be delayed. Your lawyer can draft protective clauses regarding deposits, conditions precedent and deadlines.
- Prepare for the notary - once checks are satisfactory, arrange the notarial deed signing. Confirm who will pay which fees and ensure required identification and powers of attorney are in order.
- Register and pay taxes - after signing, ensure registration with the land and mortgage register and correct tax filings are completed. Your notary or lawyer typically assists with these filings.
If you want, provide the property address or basic transaction details and I can suggest a checklist of specific documents and questions to raise with a lawyer in Hrubieszów.
