a would-be property owner in Krakow should know.
the full ownership of real
property, wlasnosc hipoteczna in
Polish, fairly common in Poland are also the perpetual lease
or dzierzawa wieczysta (usually of municipal lands) and a
limited ownership of flats within housing cooperatives. While
all of them are transferable it’s advisable to seek full
ownership when shopping either for land or a house or an
apartment. Joint property, too, has its obvious shortcomings
as it entails joint and several responsibility and demands
consensus in decision-making.
register, ksiegi wieczyste in Polish, is an indispensable tool
to any would-be Krakow landlord, providing such crucial
information about real estates as names of their actual
owners, mortgages, restrictions, etc. Land registry
constitutes a department of the district court. It's
available also online at http://ekw.ms.gov.pl To access the
database one needs to know the land registry number given to
the property in question. The service is provided in in Polish
to buy property legally in Krakow.
most important to remember that in the case of purchasing real
estates in Poland the deal need to be completed at a local
notary public because otherwise any such transaction is null
and void. Also, the notary collects the deed tax (stamp duty)
when applicable and the court fee for an entry in the land
register in addition to his/her remuneration. Plus he/she is
responsible for placing the correct entry in the land
of the European Union, Island, Norway and Liechtenstein may
freely purchase and own any real estate in Poland other than
farmland and forests, though in the case of
they should pledge to make it their fixed abode.
Other aliens can buy apartments or plots up to 0.4 hectare
(i.e. about an acre) in urban areas with the same intent to
take up residence. Otherwise the purchase of real estate by a
foreigner requires a permit from the Interior Ministry (Ministerstwo
Spraw Wewnetrznych), usually easily achievable. The above
applies both to individuals and to companies whenever
foreigners have the controlling interest.
of real estate agents.
Poland people often bypass
real estate agents and sell property directly through
classified ads, usually those published in local newspapers,
though the Internet is an increasingly popular alternative. At
the same time expert services of a diligent realtor seem most
useful to somebody foreign to the country, its legal niceties,
and the ways of the natives.
advisable to employ only the
licensed estate agents,
since they alone under the Polish law may act legally as
middlemen in the business of selling and buying real property.
To obtain the license they need to pass state examination and
they may lose it through malpractice.
you buy brand-new property from a developer.
(VAT) on newly built
is currently 8 percent for flats
of 150 square meters or less and houses of 300 sq m or
smaller. Excess surface area beyond the above limits is taxed
at 23 percent.
Additional costs are
the fee of the notary public called “taksa notarialna”
complete with the 23-percent VAT on it and the land-registry
residential property in Krakow often sells in the early stages
of development with the legal transfer of the ownership
postponed till the completion.
you buy a second-hand real estate through an estate agent.
charge the buyers commissions from two percent (seldom) to
three percent (usually) of the sale price and their fee incurs
the 23-percent VAT tax. Also the two-percent stamp duty called
“podatek od czynnosci cywilnoprawnych” as well as the fee
of the notary public (taksa notarialna) with the 23-percent
VAT on it and the court fee for an entry in the land register
– all traditionally fall on the buyer.
instance, on the purchase of real property worth million
zloties (see more about the
one should expect to pay a stamp duty of 20,000 zlotys,
notary’s fee to the tune of 5,800 zlotys plus 1,334 zlotys
VAT tax, another 200 zlotys for the entry in the land
register, and the commission of the estate agent amounting to
30,000 zlotys plus 6,900 zlotys VAT.
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