The first step in the process of buying a house in Poland, after choosing an ideal property, is checking the form of business carried out by the developer and all information related to it (such as: whether the developer is not bankrupt, or does not properly fulfill tax obligations) in the publicly available registers. We can also check press releases and check whether there were no proceedings by UOKIK (the Office of Competition and Consumer Protection) against the developer, and if so what was the final result of these proceedings.
The check of the seller and house on the secondary market can be done by checking the legal status and analyzing the land and mortgage registers and asking the seller for information about the apartment (e.g., issues of property tax or the registration of residence in the house).
The next step in the process of buying the house is signing the sale contract.
In the case of buying the property on the primary market, if we intend to finance the purchase of an apartment with a loan it is worth to firstly sign the so-called reservation agreement with the developer and include a clause according to which we have the right to withdraw from the contract if we do not receive a loan (e.g. in the event of obtaining a negative credit decision from at least three banks). Before that, we should also ask the developer to provide us with a draft of such a contract.
Secondly (when we have already signed the reservation agreement or when we are 100% decided to buy an apartment), we should ask the developer for a draft of the development agreement. The developer agreement is signed in a notary's office, and the notary public should pay the so-called a tax (according to the developer act, the price of the tax is charged evenly (half of the tax by the buyer of the apartment and the other half by the developer). However, before we go to the notary to sign the development contract, it is crucial to make sure that all the provisions of this contract are safe for us and do not diverge from the market standards. In addition, we should check the provisions of the development contract and analyze the prospectus, which contains information about the developer and the planned investment.
In the case of buying the house on the secondary market it is important to check the land and mortgage registers. They are the basic source of information about the legal status of real estate- they provide the data about the mortgages incumbent on the apartment, as well as other rights and claims, contain a precise description of the premises and information about its use and indicate the type of rights that the owner of the apartment holds for the premises, building and land. It is worth to remember that it is the best to conduct the technical audit of the house before signing the preliminary or sales contract.
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The next step in the process of buying the house is the time when the buyer has the opportunity to check the technical state of the house.
The technical acceptance of the house on the primary market is conducted when the building is ready and the developer has an occupancy permit. The acceptance of the house is the moment when the consumer first sees the finished premises and in the presence of the developer may assess whether it is in line with what the parties agreed in the developer agreement.
Since it is beneficial for the buyer of the apartment to note as many defects of the house as possible, in the acceptance report, it is worth using the assistance of another person during the acceptance.
When it comes to the audit on the secondary market it is important to check whether the property does not have hidden defects, the renovation of which can be very expensive – such as the replacement of old windows, alignment of walls or renovation of electricity installations. We have to also consider the whole building – there may be the lack of thermal insulation or wooden ceilings, whose poor technical condition can even be the reason for excluding the building from use by technical supervision.
According to the Development Act, signing the contract transferring ownership of the house is the last stage of the process of buying the property on the primary market. Signing such a document is the moment when the notary requests the land and mortgage register court to enter us "in the registers" as the owners of the house.
Finally we can receive the keys to our house. Handing over the keys to the development house may take place after the technical acceptance or after signing the contract transferring ownership.
Since that moment we can start looking for the reliable renovation crew that will perform the finishing of the house. It is worth to remember to sign a written contract with the renovation team and describe the scope of services as accurately as possible - this will help to avoid unforeseen expenses and hidden costs. A good team will propose to sign the contract themselves. The lack of it should be “a red flag”. We should not trust teams that want to arrange all the aspects of the work only verbally. In the absence of work or a long delay we will not be able to enforce our rights. The honest team will prepare a work schedule and a detailed cost estimate for us.
As can be seen there are a lot of formalities that are needed to be done in the process of buying the house. That is why it is worth to use the services of Pewny Lokal company, that can help you at every step of the house purchase.
Our experts can offer both legal and technical services on primary, as well as secondary market.
We will make sure that the bought property is free from any hidden, troublesome legal entries, by checking the property development contract and the developer’s prospectus. For an additional fee, we can also check additional attachments of the contract (e.g. a reservation contract or a draft contract transferring ownership of the premises). The uniform and transparent report is being sent within 48 hours since ordering. Consultation with a lawyer is also an option for additional fee.
We offer also our legal services on the secondary market. We can provide the advanced analysis of the land and mortgage registers using our complex software that was created based on reviewing several hundred geographically representative registers - despite the fact that the registers are made available by the Ministry of Justice, the information is entered into them by several hundred district courts, and the method of recording important data often varies depending on the particular judge.
We send a transparent and standardized report to you within 24 hours since placing the order.
If you want to be sure your property is in the proper technical condition it is worth to entrust the assessment of the bought property to the experts from Pewny Lokal company. During the acceptance, our technician will report to the developer any comments regarding the condition of the apartment and any defects (such as irregularity of plasters or leaky windows) on your behalf. Our technician is always obliged to perform the acceptance of the property according to precise instructions and check every aspect in our "checklist" in the house.
Our engineer conducting the technical audit on the secondary market will check the most important technical elements of the premises, its area, and any defects. We will send you a comprehensive report on the property survey of your property 48 hours after your visit.
After completing all the work by the renovation crew that performs the finishing of the house, it is best to use the help of a specialist who will assess for us whether the team has fulfilled all its obligations. An experienced engineer of Pewny Lokal company will be able to determine whether all points of the contract have been met and, most importantly, whether the way the work is carried out is in accordance with the construction standards. After the engineer's work, you will receive a detailed report with the shortcomings of the renovation team. Based on the concluded contract, you will be able to demand corrections or, in special cases, financial compensation.
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