What documents should be prepared for the notarial deed of sale of a developed or undeveloped plot of land?

Each Land Owner should have complete documentation required for the transaction. It is important to arrange, in cooperation with the real estate advisor, the necessary officially certified documents in advance, before placing a sales advertisement. This will facilitate verification in terms of any lacking documents and give enough time to supplement them. Could there be anything worse than the disappointment of the buyer who has made a purchase offer and is ready to finalise the transaction, while the Owner is actually just starting to work out the details? Such an approach is certainly not conducive to building trust, delays the conclusion of the agreement and notarial deed and carries certain risk for the Owners.

That is why when accepting offers a professional real estate agency should focus not on quantity, but on quality, and, on the basis of the data provided by the Sellers, help them establish the highest possible price for given real estate, taking into account its formally confirmed advantages.

When considering putting up an offer for real estate or at least the following 3 months and allow to draw up a notarial deed right away – whether for a final or preliminary agreement, without the unnecessary stress and the risk of having to return the deposit and losing a potential buyer.

Necessary documents for the sale or donation of a plot of land:

  • the land and mortgage register number,
  • the basis for real estate acquisition, including, without limitation: an excerpt from the notarial deed of sale or donation agreement, a final court ruling on the confirmation of inheritance acquisition or a certification of inheritance; in the case of inheritance, a tax compliance certificate is also required from the heirs,
  • in addition, in the case of companies – current excerpt from KRS or entry in the register of business activity, REGON, NIP,
  • proof of payment of real estate tax or fee for perpetual usufruct of land
  • extract from the local spatial development plan concerning the intended use of the land or a certificate of its absence; alternatively a decision on lan development conditions,
  • extract from the land register, and if the plot is to be assigned to a new land and mortgage register also an extract from the cadastral map,
  • final decision approving the division of the real estate, if applicable,
  • certificate confirming that the real estate is not located in an area subject to redevelopment,
  • certificate confirming that the real estate is not subject to a simplified forest management plan and that no decision referred to in Article 19 (3) of the Act on Forests has been issued for it.
  • personal data of the sellers, the beneficiaries (full name, first name of parents, marital status, identity card or passport number, PESEL number, address of residence) and their marital status, as well as any documents confirming changes of their names, marital status, right of real estate division or dissolution of joint marital property, if it took place after the real estate had been entered in the Land and Mortgage Register,
  • data regarding access to the public road – Land and Mortgage Register (KW) numbers, excerpts and map extracts for the plots to which access is provided and the legal basis for the use of such rights (agreement on the sale of the entire plot of land or parts thereof, establishment of an easement for passage and/or utility easement,
  • certificate of transformation of perpetual usufruct into ownership, with data on the settlement of discounts and rules for calculating the inflation adjustment, if the plots are sold before the date of maturity
  • data on land conversion and the possible amount of the re-zoning fee or the adjacent fee
  • data provided by the tax advisor regarding the VAT taxation of the sale
  • in case the plot is encumbered with a loan – certificate from the bank about the current state of the debt and consent to prepayment of the loan

If a single-family house is sold with the plot of land, the following documents should be provided in addition to the above:

  • building permit
  • occupancy permit or declaration of use
  • extract from the building register
  • building identifier,
  • energy performance of the building
  • for the final agreement the following is additionally required:
    • certificate that no one is currently registered at the address,
    • certificate of no overdue service charges,
    • proof of payment of real estate tax or fee for perpetual usufruct of land
    • information on whether a business activity was/is conducted at the address (a certificate from the tax office and social security institution)

The buyer may additionally request the following:

  • as-built design and technical documentation including warranties
  • agreements with utility providers and data concerning the connection of utilities.

This is a considerable amount of data, but in the case of real estate purchase , where big money is at stake, it is necessary to build trust between the parties. Negotiations with a complete set of documents are more detailed, faster and more reliable.

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