innotariusz

Documents

What to bring to the notary? Documents and information

Documents are an essential element of every notarial act. They are the basis upon which the notary assesses the factual and legal circumstances, and also verifies the admissibility and legal consequences of a given act. Collecting the appropriate documents and data enables the proper preparation of a notarial deed, protocol, or other official document in accordance with applicable regulations.

This tab contains supporting information regarding the documents required for the most common notarial activities. Preparing and submitting these documents in advance allows for the smooth execution of the activities and avoiding delays resulting from formal omissions.

It's worth remembering that the scope of required documentation may have consequences depending on the nature of the case. If in doubt, contact the company for information.

What documents must be submitted to the notary?

For the Sale of a Cooperative Ownership Right to Premises:

  1. Grounds for the acquisition (e.g., allocation of premises, excerpt from a sale, donation, or exchange agreement).
  2. Certificate from the meldunek (residence registration) office confirming no one is registered at the address.
  3. Current certificate from the cooperative stating that the selling party holds the cooperative ownership right to the premises, whether a Land and Mortgage Register is maintained for it (and if so, its number), details of the plot on which the building is located, and confirmation of no outstanding payments.
  4. Certificate from the tax office confirming that inheritance and donation tax was not due, has been paid, or the obligation expired due to statute of limitations – if the property was acquired, for example, through inheritance, gratuitous division of co-ownership, or adverse possession. 
  5. If the buyer obtained a loan for the purchase of the subject of the agreement: the loan agreement for review and a certificate from the bank for establishing a mortgage.

For the Sale of Premises for which a Land and Mortgage Register is Maintained:

  1. Ground for the acquisition (e.g., excerpt from a sale, donation, or exchange agreement).
  2. Certificate from the meldunek (residence registration) office confirming no one is registered at the address.
  3. Certificate from the administration confirming no outstanding payments.
  4. Certificate from the tax office confirming that inheritance and donation tax was not due, has been paid, or the obligation expired due to statute of limitations – if the property was acquired, for example, through inheritance, gratuitous division of co-ownership, or adverse possession. 
  5. If the buyer obtained a loan for the purchase of the subject of the agreement: the loan agreement for review and a certificate from the bank for establishing a mortgage.

For the Sale of Land Property (Developed or Undeveloped):

  1. Ground for the acquisition (e.g., excerpt from a sale, donation, or exchange agreement).
  2. Excerpt from the land registry with a copy of the cadastral map (if we are not creating a new entry in the Land and Mortgage Register for the plot) or an excerpt from the map (if we are creating a new entry in the Land and Mortgage Register for the plot).
  3. Certificate from the city/gmina office stating whether the plots subject to the agreement are covered by a valid local development plan, and if so, how they are designated.
  4. Certificate from the city/gmina office stating whether the plots subject to the agreement are located in a revitalization area or Special Revitalization Zone.
  5. Certificate from the starostwo (or other authority indicated by the starostwo) indicating whether the plots subject to the agreement are covered by a simplified forest management plan or a decision of the starosta issued based on a forest inventory.
  6. Certificate from the meldunek (residence registration) office confirming no one is registered – if there is a residential building on the plot.
  7. Certificate from the tax office confirming that inheritance and donation tax was not due, has been paid, or the obligation expired due to statute of limitations – if the property was acquired, for example, through inheritance, gratuitous division of co-ownership, or adverse possession. 
  8. For agricultural properties, documents from the National Centre for Agricultural Support (Krajowy Ośrodek Wsparcia Rolnictwa) concerning permission for the disposal/acquisition of the property or confirming that the buyer is an individual farmer may be required.
  9. If the buyer obtained a loan for the purchase of the subject of the agreement: the loan agreement for review and a certificate from the bank for establishing a mortgage.

Additionally, if the data in the land and building registry differs from that in the Land and Mortgage Register, additional documents will be needed to disclose these changes (depending on the reason for the changes, this could be, for example, a synchronization list/equivalent or a decision regarding plot division with a map of its division project).

For a Cooperative Ownership Right to Premises:

  1. Grounds for the acquisition (e.g., allocation of premises, excerpt from a sale, donation, or exchange agreement).
  2. Certificate from the meldunek (residence registration) office confirming no one is registered at the address.
  3. Certificate from the cooperative stating that the specific party holds the cooperative ownership right to the premises, whether a Land and Mortgage Register is maintained for it (and if so, its number), details of the plot on which the building is located, and confirmation of no outstanding payments.
  4. Certificate from the tax office confirming that inheritance and donation tax was not due, has been paid, or the obligation expired due to statute of limitations – if the property was acquired, for example, through inheritance, gratuitous division of co-ownership, or adverse possession.

For Premises for which a Land and Mortgage Register is Maintained:

  1. Ground for the acquisition (e.g., excerpt from a sale, donation, or exchange agreement).
  2. Certificate from the meldunek (residence registration) office confirming no one is registered at the address.
  3. Certificate from the administration confirming no outstanding payments.
  4.  Certificate from the tax office confirming that inheritance and donation tax was not due, has been paid, or the obligation expired due to statute of limitations – if the property was acquired, for example, through inheritance, gratuitous division of co-ownership, or adverse possession.

For Land Property (Developed or Undeveloped):

  1. Grounds for the acquisition (e.g., excerpt from a sale, donation, or exchange agreement).
  2. Excerpt from the land registry with a copy of the cadastral map (if we are not creating a new entry in the Land and Mortgage Register for the plot) or an excerpt from the map (if we are creating a new entry in the Land and Mortgage Register for the plot).
  3. Certificate from the city/gmina office stating whether the plots subject to the agreement are covered by a valid local development plan, and if so, how they are designated.
  4. Certificate from the city/gmina office stating whether the plots subject to the agreement are located in a revitalization area or Special Revitalization Zone.
  5. Certificate from the starostwo (or other authority indicated by the starostwo) indicating whether the plots subject to the agreement are covered by a simplified forest management plan or a decision of the starosta issued based on a forest inventory.
  6. Certificate from the meldunek (residence registration) office confirming no one is registered – if there is a residential building on the plot.
  7. Certificate from the tax office confirming that inheritance and donation tax was not due, has been paid, or the obligation expired due to statute of limitations – if the property was acquired, for example, through inheritance, gratuitous division of co-ownership, or adverse possession.
  8.  For agricultural properties, documents from the National Centre for Agricultural Support (Krajowy Ośrodek Wsparcia Rolnictwa) concerning permission for the disposal/acquisition of the property or confirming that the buyer is an individual farmer may be required.

Additionally, if the data in the land and building registry differs from that in the Land and Mortgage Register, additional documents will be needed to disclose these changes (depending on the reason for the changes, this could be, for example, a synchronization list/equivalent or a decision regarding plot division with a map of its division project).

For a Donation of a Cooperative Ownership Right to Premises:

  1. Grounds for the acquisition (e.g., allocation of premises, excerpt from a sale, donation, or exchange agreement).
  2. Certificate from the meldunek (residence registration) office confirming no one is registered at the address – if requested by the donee.
  3. Certificate from the cooperative stating that the selling party holds the cooperative ownership right to the premises, whether a Land and Mortgage Register is maintained for it (and if so, its number), details of the plot on which the building is located, and confirmation of no outstanding payments.
  4.  Certificate from the tax office confirming that inheritance and donation tax was not due, has been paid, or the obligation expired due to statute of limitations – if the property was acquired, for example, through inheritance, gratuitous division of co-ownership, or adverse possession.

For a Donation of Premises for which a Land and Mortgage Register is Maintained:

  1. Ground for the acquisition (e.g., excerpt from a sale, donation, or exchange agreement).
  2. Certificate from the meldunek (residence registration) office confirming no one is registered at the address – if requested by the donee.
  3. Certificate from the administration confirming no outstanding payments – if requested by the donee.
  4.  Certificate from the tax office confirming that inheritance and donation tax was not due, has been paid, or the obligation expired due to statute of limitations – if the property was acquired, for example, through inheritance, gratuitous division of co-ownership, or adverse possession.

For a Donation of Land Property (Developed or Undeveloped):

  1. Ground for the acquisition (e.g., excerpt from a sale, donation, or exchange agreement).
  2. Excerpt from the land registry with a copy of the cadastral map (if we are not creating a new entry in the Land and Mortgage Register for the plot) or an excerpt from the map (if we are creating a new entry in the Land and Mortgage Register for the plot).
  3. Certificate from the city/gmina office stating whether the plots subject to the agreement are covered by a valid local development plan, and if so, how they are designated.
  4. Certificate from the starostwo (or other authority indicated by the starostwo) indicating whether the plots subject to the agreement are covered by a simplified forest management plan or a decision of the starosta issued based on a forest inventory – not required if the parties to the donation agreement are close relatives. 
  5. Certificate from the meldunek (residence registration) office confirming no one is registered – if there is a residential building on the plot, and if requested by the donee.
  6. Certificate from the tax office confirming that inheritance and donation tax was not due, has been paid, or the obligation expired due to statute of limitations – if the property was acquired, for example, through inheritance, donation, gratuitous division of co-ownership, or adverse possession.
  7.  For agricultural properties, documents from the National Centre for Agricultural Support (Krajowy Ośrodek Wsparcia Rolnictwa) concerning permission for the disposal/acquisition of the property or confirming that the acquiring party is an individual farmer may be required.

Additionally, if the data in the land and building registry differs from that in the Land and Mortgage Register, additional documents will be needed to disclose these changes (depending on the reason for the changes, this could be, for example, a synchronization list/equivalent or a decision regarding plot division with a map of its division project).

For a Cooperative Ownership Right to Premises:

  1. Grounds for the acquisition (e.g., allocation of premises, excerpt from a sale, donation, or exchange agreement).
  2. Certificate from the meldunek (residence registration) office confirming no one is registered at the address.
  3. Certificate from the cooperative stating that the specific party holds the cooperative ownership right to the premises, whether a Land and Mortgage Register is maintained for it (and if so, its number), details of the plot on which the building is located, and confirmation of no outstanding payments.
  4.  Certificate from the tax office confirming that inheritance and donation tax was not due, has been paid, or the obligation expired due to statute of limitations – if the property was acquired, for example, through inheritance, gratuitous division of co-ownership, or adverse possession.

For Premises for which a Land and Mortgage Register is Maintained:

  1. Ground for the acquisition (e.g., excerpt from a sale, donation, or exchange agreement).
  2. Certificate from the meldunek (residence registration) office confirming no one is registered at the address.
  3. Certificate from the administration confirming no outstanding payments.
  4. Certificate from the tax office confirming that inheritance and donation tax was not due, has been paid, or the obligation expired due to statute of limitations – if the property was acquired, for example, through inheritance, gratuitous division of co-ownership, or adverse possession.

For Land Property (Developed or Undeveloped):

  1. Ground for the acquisition (e.g., excerpt from a sale, donation, or exchange agreement).
  2. Excerpt from the land registry with a copy of the cadastral map (if we are not creating a new entry in the Land and Mortgage Register for the plot) or an excerpt from the map (if we are creating a new entry in the Land and Mortgage Register for the plot).
  3. Certificate from the city/gmina office stating whether the plots subject to the agreement are covered by a valid local development plan, and if so, how they are designated.
  4. Certificate from the starostwo (or other authority indicated by the starostwo) indicating whether the plots subject to the agreement are covered by a simplified forest management plan or a decision of the starosta issued based on a forest inventory.
  5. Certificate from the meldunek (residence registration) office confirming no one is registered – if there is a residential building on the plot.
  6. Certificate from the tax office confirming that inheritance and donation tax was not due, has been paid, or the obligation expired due to statute of limitations – if the property was acquired, for example, through inheritance, gratuitous division of co-ownership, or adverse possession.
  7.  For agricultural properties, documents from the National Centre for Agricultural Support (Krajowy Ośrodek Wsparcia Rolnictwa) concerning permission for the disposal/acquisition of the property or confirming that the buyer is an individual farmer may be required.

Additionally, if the data in the land and building registry differs from that in the Land and Mortgage Register, additional documents will be needed to disclose these changes (depending on the reason for the changes, this could be, for example, a synchronization list/equivalent or a decision regarding plot division with a map of its division project).

Documents Required for a Notarial Deed of Inheritance Confirmation:

  1. A short-form death certificate of the deceased.
  2. A certificate from the meldunek (residence registration) office indicating the deceased's PESEL number or an invalidated ID card (the entire PESEL number must be visible).
  3. All wills of the deceased (even those that have been revoked).
  4. Short-form civil status records for all individuals who might be legal heirs (primarily the spouse and children of the deceased): birth certificates for individuals bearing their maiden name, or marriage certificates for individuals bearing a name different from their maiden name.

Documents Required for Concluding the Agreement for Register Maintenance:

  1. Simple Joint-Stock Company Agreement.
  2. Shareholder resolution regarding the selection of the entity responsible for maintaining the register.

Examples of additional documents

​​Below, we list other documents that might be necessary for drafting agreements, regardless of the specific notarial act. This list supplements the documents mentioned in the sections for individual agreements but remains exemplary. This means that, due to the circumstances of a particular case, additional documents not listed below may be required. Therefore, before you start gathering documents, please contact us for complete information.

  1. If acting through an attorney-in-fact: A power of attorney in the appropriate form and content. 
  2. If parents are acting on behalf of minor children: Short-form birth certificates of the children and – for acts exceeding ordinary management – a copy of a family and guardianship court's decision granting consent for the specific act (e.g., sale, acquisition, or encumbrance of real estate).
  3. If a guardian is acting on behalf of a incapacitated person: Documents issued by the family and guardianship court, including a copy of the decision on incapacitation and appointment of the guardian, a certificate of assumption of guardianship, and a copy of the decision granting consent for the specific act (e.g., sale, acquisition, or encumbrance of real estate).
  4. For individuals whose surname differs from that disclosed in the Land and Mortgage Register or identity document: A short-form civil status record.
  5. If deceased persons are disclosed in the Land and Mortgage Register: A copy of the inheritance order or an excerpt from the notarial deed of inheritance confirmation.
  6. If spouses with joint marital property are disclosed in the Land and Mortgage Register and are now divorced: A divorce decree or a copy of the marriage certificate with a divorce annotation.
  7. For spouses who have a separate property regime: Documentation of the separation of property (an excerpt from the agreement or a court order). 
  8. In Section III of the Land and Mortgage Register, various encumbrances may be disclosed (e.g., servitudes, usufruct rights). For their deletion, short-form death certificates (in case of death of beneficiaries) or statements made at least in writing with a notarized signature, waiving this right, will be necessary.
  9. In Section IV, mortgages may be disclosed:
    1.  If the claims (i.e., credits/loans) they secured have expired (been repaid), a document confirming this will be needed. Depending on the creditor for whom the mortgage was established, this could be, for example, a written statement with a notarized signature, a bank certificate issued under banking law, or a court or administrative authority decision.
    2. If the claims (i.e., credits/loans) they secured have not expired (have not been repaid), a document prepared in the appropriate form (depending on who the creditor is) will be needed. This document should confirm the amount of debt, the account number for repayment (in the case of a bank, a technical account to which the selling party does not have access), and contain a commitment that consent for the mortgage's deletion will be issued after repayment.

Before visiting a notary, please read

Documents required when visiting a notary

Before Your notary appointment, Please Remember:

  1. Bring a valid identification document.
  2. Ensure you have an unrestricted PESEL number.
  3. If you do not speak Polish, you must be accompanied by a sworn translator for the language you speak.

  4. Bring all original documents with you.

Certificate on the Local Spatial Development Plan (Miejscowy Plan Zagospodarowania Przestrzennego) - Address: ulica Mogilska 41. More information you'll find all details on how to obtain this document here:
https://www.bip.krakow.pl/uslugi/BP-3

Certificate on Revitalization - address: ulica Zabłocie 22, 1st floor. More information you'll find all details on how to obtain this document here:
https://www.bip.krakow.pl/uslugi/PI-1

Certificate on Forests - address: ulica Reymonta 20, more information you'll find all details on how to obtain this document here:
https://www.bip.krakow.pl/uslugi/ZZM-7

Civil Status Records (Akty Stanu Cywilnego) - locations include ulica Lubelska 27 or os. Zgody 2. More information you'll find all details on how to obtain this document here:
https://www.bip.krakow.pl/uslugi/SC-18

Certificate of No Registered Residents (Meldunek) or PESEL Number Confirmation - locations include: Al. Powstania Warszawskiego 10, ulica Wielicka 28A or os. Zgody 2 More information you'll find all details on how to obtain this document here:
https://www.bip.krakow.pl/uslugi/SA-18

Certificate of Tax Arrears from the City Office - locations include: Al. Powstania Warszawskiego 10, ulica Wielicka 28A or os. Zgody 2 More information you'll find all details on how to obtain this document here:
https://www.bip.krakow.pl/uslugi/PD-7

Tax Office (Urząd Skarbowy) – Certificate Regarding Inheritance and Donation Tax - Application Form:
https://www.malopolskie.kas.gov.pl/documents/3552230/4380016/1208_wniosek_o_wydanie_zaswiaczenia_uregulowanie_podatku_od_spadkow_i_darowizn.pdf

Tax Office (Urząd Skarbowy) – Certificate Regarding Inheritance and Donation Tax - Book an Appointment: 
https://www.malopolskie.kas.gov.pl/izba-administracji-skarbowej-w-krakowie/zalatwianie-spraw/umow-wizyte-w-urzedzie-skarbowym

You can obtain a certificate from the tax office regarding inheritance and donation tax as follows:

  1. If you acquired real estate or rights through inheritance, ordinary legacy, further legacy, vindication legacy, testamentary instruction, or forced heirship:
    1. If the subject of acquisition comprises real estate or rights located within the territorial jurisdiction of a single head of the tax office – according to the location of the real estate.
    2. In other cases – according to the last place of residence of the deceased, and if no such place exists – according to their last place of stay.
  2.  If you acquired real estate or rights through donation, donor's instruction, adverse possession, gratuitous termination of joint ownership, establishment of usufruct or servitude:
    1. If the subject of acquisition comprises real estate or rights located within the territorial jurisdiction of a single head of the tax office – according to the location of the real estate.
    2. In other cases – according to the acquirer's place of residence on the day the tax liability arose, and if no such place exists – according to their last place of stay on that day.