Notarial Services for Real Estate

Are you looking for a notary public in Warsaw specializing in real estate transactions? The Notary Office of Magdalena Pacuła-Ziemińska in Mokotów offers comprehensive legal support for sales, donations, exchanges, occasional and institutional leases, as well as life estate agreements, easements, and other real estate related transactions. We ensure the security and smooth execution of your transactions.

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Real estate transactions are a field that requires not only knowledge of the market but above all, reliable legal expertise and the fulfillment of a number of formalities. At the Notary Office of Magdalena Pacuła-Ziemińska in Warsaw’s Mokotów district, we have many years of experience in providing comprehensive services for real estate transactions. Whether you are planning to sell an apartment, donate a plot of land, or conclude an occasional lease agreement, our notaries will provide you with professional support at every stage of the process. We ensure that every transaction is carried out efficiently, securely, and in accordance with applicable regulations.

The scope of notarial acts related to real estate transactions performed at our office includes, in particular:

Drafting notarial deeds for agreements:

  • sale of apartments, houses, and plots of land,
  • donation of apartments, houses, and plots of land,
  • exchange of real estate,
  • leases, including occasional leases and institutional leases,
  • life estate agreements,
  • preliminary agreements,
  • developer agreements,
  • agreements on the division of joint property and the abolition of co-ownership,
  • establishment of easements,
  • agreements on the manner of using common property,
  • agreements on the partition of an inheritance that includes real estate.

Other activities related to real estate:

  • drafting of a tenant’s declaration of submission to execution regarding vacating the premises,
  • transformation of a cooperative ownership right to premises into separate ownership,
  • establishing separate ownership of premises,
  • establishing mortgages,
  • establishing rights of use,
  • obtaining necessary documents related to the transaction,
  • calculating applicable taxes and court fees,
  • reporting changes to the land and mortgage register.
Darowizna mieszkania Warszawa Mokotów

Sale of an Apartment

Selling an apartment is a complex process that requires the agreement to be drawn up in the form of a notarial deed. Our office offers comprehensive services for the sale of apartments in Mokotów and throughout Warsaw. The notary will prepare a draft of the notarial deed, verify whether all necessary documents have been collected (including a copy from the land and mortgage register, a certificate of no arrears in rent payments) and will ensure the proper course of the transaction. With us, the sale of the apartment will proceed smoothly and safely, and you will complete the formalities quickly and without any problems.

Learn more about selling an apartment at a notary public’s office

Sale of a Plot of Land

The sale of a plot of land, similarly to the sale of an apartment, requires the form of a notarial deed. At the Notary Office of Magdalena Pacuła-Ziemińska, the notary will help you prepare the contract of sale for the plot, check its legal status, ensure compliance with the local zoning plan, and also take care of obtaining the necessary documents, such as an extract and a drawing from the land and building register, as well as certificates from the municipality. We provide comprehensive legal services for the sale of building, agricultural, and recreational plots.

Sale of a House

Are you planning to sell a house in Warsaw? The Notary Office of Magdalena Pacuła-Ziemińska in Mokotów will provide you with comprehensive notarial services for this transaction. The sale of a house, just like the sale of an apartment or a plot of land, requires the drawing up of a notarial deed for its validity and effectiveness. Our experienced notaries will prepare a contract of sale for the house for you, taking into account all relevant legal aspects and ensuring the safety of both parties.

Before concluding the agreement, the notary will verify the legal status of the property, including entries in the land and mortgage register, and will help you compile the necessary documents, such as an extract from the land register, a certificate of the property’s designation in the local zoning plan, or a certificate concerning forests. We will ensure the efficient and professional execution of the entire house sale transaction, from the preparation of documents to the final signing of the notarial deed. Contact us to discuss the details and receive expert support.

Donation of an Apartment

Do you want to transfer an apartment by way of donation? This is a popular way to transfer ownership of real estate to a loved one. A notary in our office will draw up a notarial deed of donation for the apartment, explain the tax consequences, and assist in completing all formalities. We will ensure that the donation is in accordance with the law and the donor’s will. In the case of a donation to close family members, it is possible to take advantage of the inheritance and gift tax exemption.

Learn more about the donation of an apartment

Donation of a Plot of Land

The donation of a plot of land is another form of gratuitous transfer of ownership of real estate. In our office, a notary will draw up a notarial deed of donation for the plot, taking into account its specifics and purpose. We will also assist you in determining whether the donation is subject to inheritance and gift tax and what conditions must be met to benefit from a possible exemption.

Life Estate Agreement

Are you thinking about transferring your apartment to loved ones but want to make sure you don’t end up without a roof over your head? A life estate agreement is a solution that will ensure this for you. Unlike a donation, a life estate agreement guarantees you the right to live in the property for life and to receive support from the buyer. This is an advantageous alternative, especially when family relationships are uncertain. These issues are regulated by the Civil Code in Articles 908-916. With the Notary Office in Mokotów, you will safely draw up this agreement.

Easement of Residence

An easement of residence is a limited real right that allows a specific person to reside in an apartment or part of it for life, free of charge. A notary public will help you establish an easement of residence in the form of a notarial deed, specifying its scope and conditions of exercise. This is a common solution used when transferring real estate in the form of a donation or with a life estate agreement.

Exchange of Apartments or Plots of Land

An exchange of real estate is a reciprocal agreement in which each party undertakes to transfer ownership of real estate to the other party in exchange for another piece of real estate. In other words, there is an exchange of ownership rights between the parties. In accordance with applicable regulations, the exchange of real estate requires the form of a notarial deed under pain of nullity. The notarial deed of exchange is subject to entry in the land and mortgage register. Importantly, the exchange of real estate can be a more financially advantageous solution than two separate sales transactions, allowing for the optimization of notarial and tax costs.

Occasional Lease

An occasional lease is a form of apartment lease that provides the owner with enhanced legal protection. Unlike a regular lease agreement, an occasional lease allows for faster eviction of an unreliable tenant. The condition is to conclude the agreement in writing for a fixed term (maximum 10 years) and to attach to it the tenant’s statement in the form of a notarial deed regarding submission to execution in terms of vacating the premises, as well as a statement that the tenant has legal title to another premises to which they can move. It is also necessary to report the conclusion of the agreement to the tax office. The Notary Office of Magdalena Pacuła-Ziemińska in Mokotów offers comprehensive assistance in drawing up occasional lease agreements, including in particular the preparation by the notary of the tenant’s statement of submission to execution, as well as the attachments to the agreement.

Learn more about occasional lease agreements

Institutional Lease

An institutional lease is a form of lease intended for entities conducting business activities in the field of renting premises. In this variant, there is no obligation to attach a statement to the agreement that the tenant has legal title to another premises to which they can move out, but similarly to an occasional lease, it is necessary for the tenant to submit a statement of submission to execution in the form of a notarial deed regarding the obligation to vacate and hand over the premises.

An institutional lease agreement is concluded for a fixed term and, like an occasional lease, provides a simplified eviction procedure. The Notary Office of Magdalena Pacuła-Ziemińska offers professional support in drawing up institutional lease agreements in accordance with applicable regulations, including the preparation of a statement of submission to execution regarding the obligation to vacate and hand over the premises.

Preliminary Agreement

A preliminary agreement is an agreement in which one or both parties undertake to conclude a specific agreement in the future, called the final agreement. A preliminary agreement is particularly often used in real estate sales transactions. These issues are regulated by Article 389 of the Civil Code. A preliminary agreement is concluded when, for various reasons, it is not possible to immediately conclude the final agreement, e.g., when the buyer is applying for a mortgage loan or when the legal status of the property needs to be regulated.

In order for a preliminary agreement to be effective, it should precisely specify the essential provisions of the final agreement, which in this case is the real estate sale agreement. It should include in particular:

  • a detailed description of the real estate,
  • the sale price,
  • terms and dates of payment, and
  • the date of concluding the sale agreement.

If the date of concluding the final agreement was not expressly indicated in the preliminary agreement, and a party is entitled to set it, it should do so. In the event that both parties are entitled to do so, the date indicated by the party that submitted the statement earlier shall be binding. It is worth remembering that if the date for concluding the final agreement is not set within a year of concluding the preliminary agreement, it is not possible to demand its conclusion.

Although a preliminary agreement may be concluded in ordinary written form, the form of a notarial deed is very often chosen. This form of a preliminary agreement strengthens its binding force and facilitates the enforcement of claims. It also gives the possibility to enter the claim to conclude the final agreement in the land and mortgage register, protecting against unfair practices, such as offering the same property to many buyers.