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Free Guide to Hiring a Real Estate Lawyer
Real estate due diligence is the systematic review and verification of legal, planning, technical, environmental and financial matters that affect a property before a transaction or major decision. In Mława, as in the rest of Poland, due diligence helps identify ownership, encumbrances, planning restrictions, construction status and potential liabilities that could affect the value or usability of a property. The process combines searches in public registers, examination of official documents, checks with municipal and county offices, and technical and environmental inspections where appropriate.
Key objectives are to confirm that the seller has clear title, identify any mortgages or easements, verify that the property complies with local planning and building rules, uncover environmental or heritage constraints, and estimate costs and timelines for required approvals or remedial works. Because many elements are governed by national law and implemented locally by municipal offices, a careful check of both national legal requirements and Mława-specific records is essential.
Real estate matters often involve substantial amounts of money and complex legal instruments. A lawyer experienced in Polish real estate law and familiar with local practice in Mława can provide practical protection and reduce risk. Common situations when legal help is advisable include:
Buying a residential property from a private owner - to verify title, confirm there are no hidden encumbrances, and draft or review the notarial deed and pre-contract.
Purchasing commercial property or land for development - to review zoning, obtain planning history, check conditions for utilities and assess construction risk.
Buying at public auction or foreclosure - where the title and liabilities may be more complex and time to review is limited.
Investing in a property with an existing tenancy, lease obligations or shared ownership - to assess lease terms, tenant rights and potential liabilities.
Dealing with inherited property, boundary disputes, or unclear title - to prepare legal action or negotiate settlements.
When environmental contamination, heritage protection, or complex easements affect a site - to coordinate technical experts and advise on remediation obligations and costs.
In short, a lawyer helps interpret documents, advise on legal risks, draft protective contract clauses, handle notary and registration formalities, and represent you in negotiations or disputes.
Real estate transactions and development in Mława are governed by a combination of national statutes and local planning instruments. The most relevant national laws include the Civil Code - which regulates property ownership, contracts and obligations - and specific acts that affect real estate:
Act on Real Estate Management - rules on public property, sale and management of municipal land, and procedures for municipal disposals.
Act on Mortgage Registers and Land and Mortgage Register - governs how ownership and encumbrances are recorded in land and mortgage registers (księgi wieczyste) and how to obtain excerpts and copies.
Act on Planning and Spatial Development - sets out the use of planning instruments such as the local development plan (miejscowy plan zagospodarowania przestrzennego) and decisions on conditions for development (decyzja o warunkach zabudowy - often called WZ).
Building Law (Prawo budowlane) - regulates building permits, construction works, inspections and occupancy permits. Compliance with building law is crucial when assessing whether existing structures are lawful or whether planned works will be permitted.
Environmental Protection and Nature Conservation laws - govern protected areas, environmental impact requirements, and obligations relating to soil or groundwater contamination.
Heritage protection - sites or buildings listed by the provincial conservator (wojewódzki konserwator zabytków) may be subject to additional restrictions and permit requirements.
Taxes and transfer rules - the tax on civil law transactions (PCC) of 2% commonly applies to private sales, while VAT rules may apply to sales by VAT taxpayers, especially for new developments. Notarial fees and registration fees are governed by statutory scales.
Local regulations - the Municipality of Mława (Urząd Miasta) and the relevant county and voivodeship offices implement and apply these laws locally. Local planning decisions, utility connection rules, property tax assessments and building oversight are administered at the municipal or county level. For agricultural land there are additional national rules and restrictions on transfers.
Due diligence is a structured set of checks to confirm legal ownership, find encumbrances and easements, review planning and building permissions, identify environmental or heritage constraints, verify technical condition, and assess tax and cost implications. It combines document review, public register searches and, where needed, technical or environmental surveys.
Ownership and encumbrances are recorded in the land and mortgage register (księga wieczysta). You can obtain an excerpt from the register for the relevant land and mortgage register number. A lawyer or notary can order official extracts and interpret entries such as mortgages, easements and other encumbrances.
The register typically shows the owner, legal encumbrances (mortgages, liens), rights of third parties (easements), and pending entries. It does not always reflect informal or unregistered facts - for example, undisclosed oral agreements, some types of servitudes or uncompleted administrative decisions - so additional checks are usually necessary.
Check with the planning department at the Municipality of Mława for whether a local development plan (MPZP) covers the site. If there is no MPZP, you may need a decision on conditions for development (WZ). A lawyer can request planning extracts and explain permitted land uses, building parameters and any required conditions.
Ask for copies of building permits, final inspection decisions and occupancy permits for existing structures. Verify whether any work was carried out without permits, as unlawful construction can lead to fines, mandatory remediation or demolition orders. A technical inspection by a qualified engineer is also recommended to identify construction defects or hidden problems.
Common costs include notary fees for drafting and registering the sale deed, court fees for entry in the land and mortgage register, and transfer taxes. A 2% PCC tax often applies to private sales. VAT may apply to sales by VAT-registered sellers or for new developments. Local property taxes and potential capital gains tax issues should also be considered. Exact amounts depend on the transaction and should be confirmed with a lawyer or tax advisor.
For brownfield sites, industrial properties or properties near protected areas, commission an environmental site assessment - at least a Phase 1 desk study and, if indicated, a Phase 2 investigation with soil and groundwater testing. Check local environmental records and any binding decisions or remediation orders at county or voivodeship offices.
Typical encumbrances include mortgages, easements for utilities or access, usufruct rights, and pre-emption rights. Some encumbrances restrict use or require consent for certain actions. Others, like mortgages, may need to be repaid or removed before registration of the buyer as owner. Identifying and planning for encumbrances is a core part of due diligence.
Yes. Transfers of agricultural land are regulated and may require additional approvals. There are restrictions on who can purchase agricultural land, and sales may trigger the need for consent from relevant authorities or the Agricultural Property Agency in some cases. If you consider buying farmland, consult a lawyer early to confirm admissibility and procedure.
Hire a lawyer as early as possible - ideally before signing any pre-contract or paying deposits. A lawyer will obtain and review land and mortgage register excerpts, check planning and building documentation, identify encumbrances and liabilities, draft or review pre-contracts and sale deeds, propose protective clauses and conditions precedent, advise on taxes and fees, and handle registration formalities after closing.
Municipal offices - the Municipality of Mława handles local planning, property tax records and building administration. Consult the municipal planning and building departments for extracts and development information.
Land and mortgage registers - maintained by district courts. Official excerpts are the primary legal source for ownership and encumbrance information.
County and voivodeship authorities - for environmental records, conservation matters and regional planning consultations.
Provincial conservator of monuments - for properties or areas with potential heritage value that may require special permits or restrictions.
District notary offices - notaries prepare and execute sale deeds and can advise on notarial and registration formalities.
Professional advisors - local real estate lawyers, certified surveyors (geodeta), structural engineers and environmental consultants provide technical and legal expertise.
Professional associations - regional or national bar associations and chambers of notaries can help locate qualified legal counsel experienced in real estate transactions.
1. Gather preliminary information - obtain the property address, land and mortgage register number if available, copies of any available documentation and any correspondence with the seller or developer.
2. Contact a local real estate lawyer - choose a lawyer experienced in property transactions in Mława or the Masovian voivodeship. Ask about their due diligence process, fees and estimated timeline.
3. Order official searches - have your lawyer or notary obtain current excerpts from the land and mortgage register and certified copies of planning and building records from the Municipality of Mława and other relevant offices.
4. Commission technical and environmental reports - if required, arrange surveys and environmental assessments before finalising the purchase decision.
5. Negotiate and document protections - use pre-contracts and contractual conditions precedent to protect your deposit and ensure that outstanding issues are resolved before closing.
6. Complete the formalities with a notary - the notary prepares the final deed, collects fees and assists with registration in the land and mortgage register.
7. Register ownership and follow up - after closing, confirm that the entry in the land and mortgage register has been updated and follow any administrative steps, such as notifying local tax authorities.
If you are unsure about any step, seek professional legal advice early. Proper due diligence reduces the risk of unexpected liabilities and helps ensure your transaction proceeds smoothly in Mława.
