Free-of-Charge Use Agreement for Parking Permit

Are you planning to lend your apartment or car to someone? Or perhaps you need a vehicle loan agreement to obtain a resident parking permit in the Warsaw Paid Parking Zone? At the Notary Office of Magdalena Pacuła-Ziemińska in Mokotów, you can draw up such an agreement and learn when the form of a notarial deed is required. Read the article and contact us!

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A loan agreement (or a gratuitous loan for use) is a contract that allows you to use someone else’s property free of charge, such as an apartment, car, or plot of land. Although the provisions of the Civil Code do not generally require a special form for this agreement, in certain situations the form of a notarial deed is required, and in others, it is highly recommended due to potential evidentiary issues.

A specific case in which a vehicle loan agreement must be in the form of a notarial deed is when it is to serve as the basis for obtaining a resident’s parking permit in the Unattended Paid Parking Zone (SPPN) in Warsaw. At the Notary Office of Magdalena Pacuła-Ziemińska in Mokotów, Warsaw, we will help you draw up a loan agreement, and also in this particular case, we will dispel your doubts and ensure the legal security of both parties to the agreement. Regardless of whether it concerns the loan of real estate or the loan of a vehicle for the purpose of obtaining a permit, our notaries will provide you with professional notarial services and explain the meaning of the legal transaction being performed.

Użyczenie samochodu w celu uzyskania abonamentu parkingowego w Warszawie

What is a Loan for Use Agreement (Commodatum)?

According to Article 710 of the Civil Code, through a loan for use agreement, the lender undertakes to allow the borrower, for a definite or indefinite period, to use the thing given to them for this purpose free of charge. The essence of this agreement is its gratuitousness and the temporary nature of using the thing. The borrower (commodatary) does not become the owner of the thing but only acquires the right to use it to a certain extent and for a specific time.

Key Features of a Loan for Use Agreement

  • Gratuitousness: This is a fundamental feature that distinguishes a loan for use from a lease or tenancy.
  • No Specific Form Required: As a general rule, a loan for use does not require the form of a notarial deed. However, this form is required in the case of a loan of a vehicle for the purposes of obtaining a resident’s parking permit in the Unattended Paid Parking Zone in Warsaw. In addition, the form of a notarial deed may be useful for evidentiary purposes.
  • Borrower’s Obligations: The borrower bears the ordinary costs of maintaining the thing and is obliged to return it in an undeteriorated condition (subject to normal wear and tear).
  • Prohibition of Transferring the Thing to a Third Party: The borrower may not transfer the loaned thing to another person for use without the lender’s consent.

Loan of a Car for the Purpose of Obtaining a Parking Permit in Warsaw

A specific case in which a loan for use takes on particular importance is when applying for a resident’s permit in the Unattended Paid Parking Zone (SPPN) in Warsaw. According to Resolution No. XXXVI/1077/2008 of the Council of the Capital City of Warsaw of June 26, 2008, a person registered in the zone who is not the owner or co-owner of the vehicle may obtain a permit by presenting, among other things, a vehicle loan agreement concluded in the form of a notarial deed.

The Resolution states in §6 p.1: “A resident’s fee is introduced at the rate of 30 PLN per year for a person registered for permanent or temporary residence in the area covering the SPPN and the properties adjacent to its borders – for parking in the vicinity of the person’s place of residence (in the area of up to 8 parking meters) of only one: a) motor vehicle with a permissible total weight of up to 2.5 tons, or b) passenger car with a permissible total weight exceeding 2.5 tons, which is owned, co-owned by such person or used by that person based on a paid civil law transaction or a loan agreement concluded in the form of a notarial deed to which they are a party.”

Why Must a Vehicle Loan Agreement for Permit Purposes be in the Form of a Notarial Deed?

The requirement for the form of a notarial deed for a vehicle loan agreement in this particular case stems from the need to ensure the credibility and legal certainty of the loan. A notarial deed, as an official document, constitutes proof that the loan agreement was actually concluded and that the person applying for the permit is authorized to use the vehicle.

Threats arising from loaning a car to obtain a permit

 When concluding a loan agreement, both the lender and the borrower should be aware that the conclusion of the agreement should confirm the actually performed operation. If this were not the case, the act could be considered as an attestation of an untruth.

In addition, the person taking the motor vehicle on loan is the beneficiary of a benefit which, within the meaning of the Personal Income Tax Act, is a free consideration, which is taxed on the basis of market prices, unless the parties to the agreement are persons belonging to the 1st and 2nd tax group (spouse, descendants, ascendants, stepchild, son-in-law, daughter-in-law, siblings, stepfather, stepmother and parents-in-law, descendants of siblings, siblings of parents, descendants and spouses of stepchildren, spouses of siblings and siblings of spouses, spouses of siblings of spouses, spouses of other descendants). 

A separate issue, which should also be taken into account, are the consequences of concluding such a loan agreement in VAT.

More information on this topic can be found in the article on the Faktura.XL website.

What Documents are Needed to Draw Up a Vehicle Loan Agreement?

To draw up a notarial deed for a vehicle loan agreement, the notary will need:

  • Data of the parties to the agreement: First names, surnames, parents’ first names, addresses of residence, PESEL numbers, numbers and expiry dates of identity cards (for natural persons) or full name, details of representatives, KRS number, REGON number, NIP number, address of the registered office (for legal entities).
  • Vehicle registration certificate.
  • Specification of the loan term.

Vehicle Loan Agreement at a Notary Public – Cost in 2025

For drawing up a notarial deed of a loan agreement, the notary charges a notarial fee, the amount of which is determined by the Regulation of the Minister of Justice of June 28, 2004 on the maximum rates of notarial fees (Regulation) (consolidated text in accordance with the Announcement of the Minister of Justice of October 11, 2024, regarding the publication of the consolidated text of the regulation of the Minister of Justice on the maximum rates of notarial fees).

In the case of a notarial deed for a car loan agreement, please contact the notary office.

In addition, the notary will charge:

  • Fee for copies: The cost of one copy is PLN 6 net for each page started.
  • VAT: The notary will add 23% VAT to the notarial fee.