Conveyancing in Poland
We usually start with advisory regarding the buying / selling process and tax effects. Along with property brokers we search / distribute offers via agreed marketing channels.
Once the counter-party / property is found, legal team steps in and makes sure that transaction goes smooth. Our real estate attorneys, audit the property, draft and negotiate the contracts, complete paperwork, appoint appraisals, notaries and translators. Once everything is agreed, they execute the public deeds of sale, report the sale to relevant authorities. Most importantly our solicitors make sure that the payment or title transfer is executed in safe manner. If required we set up escrow or deposit facilities, assist with currency conversion and distribution of funds to designated beneficiaries, incl. the seller.
Conveyancing in Poland / Basic Facts
|Fees||Depending on the provider the conveyancing service may be provided or
|Usual commission||Depending on the type of transaction, scope of services the conveyancing commission may vary from 1% – 6%.|
|License||Professionals involved in the conveyancing process are licensed in Poland, e.g.: attorneys, appraisals, brokers, notaries, etc.|
|What is required to start?||
|Is presence required?||No – presence in Poland is not required. Property conveyancing process may be completed based on power of attorney.|
Conveyancing guide in Poland
Our conveyancing solicitors will smoothly guide you through the process and property transaction. They have also prepared guidebook in English language: Buying Property in Poland
Conveyancing – Professionals
Conveyancing in Poland is not a licensed business activity, however certain stages of conveyancing services may be provided only by the licensed professionals, e.g.:
- Legal advisory – may be only provided by attorneys and barristers
- Property valuation – may be only done by certified appraisal
- Brokerage – may be only provided by licensed brokers
- Property transfer – may be only effected by the Notary Public
- Energy certificate – may be only issued by licensed entity
- Mortgage advisory – may be provided only by licensed financial advisory
We coordinate work of above mentioned professionals or provide those services directly to our customers (if allowed by law).
Conveyancing in Warsaw, Kraków …
Conveyancing services in Poland is not restricted locally. Most of the conveyancing attorneys are operating all around Poland. Biggest providers have offices in multiple locations e.g. – Warsaw, Kraków, Wrocław, Poznań. We also provide conveyancing services in all above localizations.
What we do?
Conveyancing – Stages
Conveyancing in Poland usually consists of several stages that are presented below. Not all the stages are mandatory and depending on particular transaction – the process might be structured differently.
1. Conveyancing advisory
Conveyancing experts provide advisory regarding:
- legal process and stages
- structure (incl. company registration)
- tax effects and expenses
- risks and incentives
- preparatory actions
- paperwork involved
2. Property brokerage
Property brokerage services in Poland maybe provided only by licenses brokers. Depending on the property type the broker will offer search / distribution of offers in relevant marketing channels.
As an example:
- apartments are most usually listed online in popular webpages (e.g. otodom.pl); while
- commercial properties and property portfolios are distributed privately by specialized brokers.
3. Preparatory / valuation / due diligence
Third stage usually consists of preparatory actions that aim to (depending on transaction side): increase the price, speed of transaction, obtaining financing, learn more about the property, make informed decision.
This stage usually consists of:
- property due diligence
- completing paperwork
- obtaining permits (if required)
- property valuation
- application for mortgage
Transaction is the key and most complex part of conveyancing in Poland. most usually it comprises of:
- drafting / negotiating pre-contract
- drafting / negotiating final contract
- appointing notary public
- appointing sworn translator
- arranging payment (e.g. escrow)
- arranging hand-over
Once the property transaction is completed several important steps still need to be taken and this includes:
- registering ownership in land registry
- registering for property tax
- settling transaction taxes
- transferring utility contracts
- reporting purchase to community
- other – depending on transaction type
FAQ – Conveyancing
How much is conveyancing in Poland?
Conveyancing is usually charged commission based. Sometimes hourly charges based. Commission may vary from 1-6% depending on the type of property and scope of services.
Who provides conveyancing services in Poland?
Conveyancing services in Poland are most usually provided by Law Firms and licensed attorneys / barristers.
Is there an official list of conveyancing services companies in Poland?
No there is no official list of conveyancing firms in Poland. Such services are provided by Law Firms and licensed attorneys.
What are the stages of conveyancing in Poland?
Stages of conveyancing depend on type transaction and property. Most usually the process comprises of:
1. Advisory and planning
3. Due diligence & transaction preprations
5. Post-transaction actions