What does a notary check when buying a flat, and what are their responsibilities?

As the owner of an estate agency, I often find that buyers treat a visit to the notary as a final „safety net”. This is partly true, as the notary plays a very important role in the transfer of ownership. However, it must be made clear: the notary does not check everything on the buyer’s behalf and does not replace a prior analysis of the property.

When it comes to a decision as big as buying a flat in the Tri-City Transaction security begins long before the day the deed is signed. The documents, the land register, the legal status of the property, any outstanding debts, the tenants and the method of financing should all be checked before a date is set for the appointment with the notary. The notarial deed itself is the culmination of the process, not the start of the verification process.

Later in this article, I will explain which documents a notary public reviews, which aspects of the transaction they are actually responsible for, and what the buyer should ensure themselves or with the help of an estate agent. This will help you better understand how responsibilities are divided when buying a property and avoid the misconception that the security of the transaction depends solely on a visit to the notary’s office. I hope you find this article useful.

Table of contents

• What does a notary check when buying a flat?
  • Land Register – what is most important for the buyer?
• What is a notary responsible for, and what are they not responsible for?
• What documents should you prepare before the notarial deed?
• Why is it worth inspecting the flat before visiting the notary?
• FAQ - Frequently asked questions

What does a notary check when buying a flat?

Above all, the notary ensures that the notarial deed is drawn up correctly and that the procedure complies with the law. They verify the identity of the parties, analyse the documents submitted, check the basis for the acquisition of the property and the details required for the transfer of ownership. Another key element is the land and mortgage register, which sets out the legal status of the property.

Among other things, the notary checks:

• the buyer’s and seller’s details,
• land registry number,
• the property owner,
• the basis for purchasing a flat,
• entries relating to mortgages, claims or restrictions,
• documents required to draw up the deed,
• applications to the Land Registry.

However, this does not mean that the notary will assess the cost-effectiveness of the purchase, the technical condition of the property or its actual market value. These are matters which the buyer should check in advance, ideally with the help of people who are familiar with the local market and transaction practices.

Land Register – what is most important for the buyer?

The land and mortgage register allows you to check who owns the flat and whether the property is subject to a mortgage, easement, claim or any other entry. Particular attention should be paid to Sections II, III and IV, as this is where information relevant to the security of the purchase may appear. It is worth knowing the land register number itself before signing the preliminary contract.

What is a notary responsible for, and what are they not responsible for?

A notary is responsible for drawing up the notarial deed correctly, explaining the consequences of the transaction to the parties, and ensuring that the transaction complies with the law in all formal respects. They may refuse to carry out the transaction if it would contravene the law. Once the deed has been signed, the notary also submits the relevant applications to the land register, for example to register the new owner.

However, one cannot assume that the notary will take full responsibility for the purchase decision. They do not check the quality of the refurbishment, the condition of the building services, noise levels in the building, the actual running costs of the property, or whether the price reflects market realities. Based on my many years’ experience in the industry, I can say that the biggest problems when buying a property do not arise at the time of the deed itself, but rather when the buyer has failed to ask the right questions beforehand.

Area	Role of the notary	What should a buyer or estate agent check?
Identity of the parties	verifies data and documents	ensuring that you know who you are talking to
Land register	analyses the entries required for the deed	prior assessment of risks and burdens
Notarial deed	prepares and reads out the document	understanding the terms and conditions before signing
Technical condition	does not assess	installations, damp, renovations, layout of the premises
Housing price	is not valued at market value	comparison of offers and analysis of locations
Rental charges	is based on documents	rent, arrears, renovation fund
Handover of the flat	can describe the conditions	handover report and condition of the premises

What documents should you prepare before the notarial deed?

The list of documents depends on the type of property, how the seller acquired it, and the method of financing the purchase. Different documents will be required for a co-operative flat, for a property with a land register entry, and for a purchase financed by a mortgage. It is therefore advisable to start gathering the documents well in advance, rather than just a few days before the deed of sale.

The most commonly required items are:

• land registry number,
• the basis for the acquisition of the premises,
• a certificate confirming that there are no outstanding payments,
• documents from a housing association or co-operative,
• certificate confirming that no one is registered at the address,
• energy performance certificate,
• bank documents required when buying on credit.

If the flat has been acquired through inheritance or a gift, additional tax certificates may be required. In the case of a mortgage, you will also need to provide bank documents, the mortgage agreement and a schedule for the release of funds. Each of these elements is important, as incomplete documentation may delay the transaction or necessitate a change to the date of the deed.

Why is it worth inspecting the flat before visiting the notary?

A notary finalises the legal transaction, but should not be the first person to „uncover” problems in the documents. Before the deed is drawn up, it is worth checking not only the land and mortgage register, but also any outstanding debt on the property, the method of handing over the flat, the provisions of the preliminary agreement, and the legal status of the parking space and storage room. Payment deadlines, the settlement of the deposit and safeguards for both parties are also important.

As real estate office in Gdynia We help clients navigate these stages calmly and without unnecessary confusion. This involves organising documents, asking the right questions, liaising with the parties to the transaction, and ensuring that the key terms are included in the deed. An estate agent does not replace a notary, but can very effectively prepare the transaction for the signing of the deed.

If you’re planning to buy a flat and want to avoid any procedural errors, it’s worth seeking advice before making your final decision. At Radomski Nieruchomości, we help you assess a property not only in terms of price and location, but also with regard to the documentation, risks and future use of the property. This ensures that the buyer knows exactly what they are signing, what they are paying for and what obligations they will assume following the transaction. We encourage you to contact!

+48 783 187 968 (Gdansk)
+48 884 843 118 (Gdynia)
biuro@radomskinieruchomosci.pl

FAQ - Frequently asked questions

1. Does the notary check the land register for the flat?

Yes, the land register is one of the key documents examined when selling a flat. However, it is worth checking it beforehand so that any mortgages, claims or other entries do not come as a surprise to the buyer only when the deed is signed.

2. Is the notary liable for the previous owner’s debts?

A notary may rely on the documents submitted and the provisions of the deed, but this does not replace a full verification of the property’s financial accounts. It is therefore advisable to obtain certificates confirming that there are no outstanding payments owed to the owners’ association, the housing cooperative or other entities before making a purchase.

3. Does the notary check the condition of the flat?

No, the notary does not assess the condition of the installations, the quality of the refurbishment, damp, acoustics or the wear and tear of the property. These aspects should be checked before signing the deed, ideally during the inspection and handover of the flat.

4. What documents are required for a notarial deed?

The documents most commonly required are proof of identity, the land registry number, the basis of acquisition, proof of payment of fees, documents from the owners’ association or housing cooperative, and an energy performance certificate. When taking out a loan, the bank may require additional documents relating to the financing and the creation of a mortgage.

5. Is it worth using an estate agent if the transaction is handled by a notary?

Yes, because a notary and an estate agent have different roles. The notary draws up the legal document, whilst the estate agent helps to verify the property beforehand, organise the paperwork, negotiate the terms and guide the buyer through the entire process.