Why the deed is the transaction
Polish law requires that the transfer of ownership of land or a flat be made in the form of a notarial deed. This is not a formality that adds security to an otherwise valid contract. It is the condition of the contract existing at all.
The practical consequence for a foreign buyer: nothing you sign with the seller privately moves ownership, however carefully it is written. What a private agreement can do is bind the parties to appear before a notary later, which is what a preliminary contract (umowa przedwstępna) is for.
The deed is drawn up in Polish, and where a participant does not understand Polish the notary has to arrange for it to be translated — personally, if the notary holds the language competence required of sworn translators, or with a sworn translator's (tłumacz przysięgły) help. In practice that means a translator at the appointment, and their fee is another line in the budget.
The notary is not your lawyer
This is the point most worth internalising, because the notary will be helpful, thorough and professional, and it is easy to mistake that for representation.
A Polish notary is a public officer. Their duty runs to the transaction and to both parties equally, and to the correctness of the document. They will not negotiate the price for you, will not tell you the flat is overpriced, and will not argue your side of a disputed clause. If you want someone whose only duty is to you, that is a separate lawyer, hired separately.
What they check before you sign
The notary reads the land register (księga wieczysta) for the property and confirms who owns it and what is recorded against it: mortgages, easements, claims, enforcement entries. They verify identity and capacity, and they check that the seller can actually sell.
They do not inspect the flat, value it, or verify that the building has no defects. The register tells them the legal state of the property, not its physical or market state. That gap is yours to close, before the day of the deed.
What they do for you afterwards
The notary calculates the transfer tax, collects it from you and pays it to the tax office, so you file nothing yourself. They also submit the application to enter your ownership in the land register and collect the court fee.
They send an extract of the deed to the authorities that need it, and where a foreign buyer is involved, deeds are reported to the Ministry of the Interior.
What it costs
The Minister of Justice sets maximum notarial fees by regulation (taksa notarialna). The maximum is a ceiling, not a price, and it is halved for a dwelling unit.
For a dwelling unit the maximum is halved: the full rate on a 500,000 zł flat is 2,770 zł net, so the ceiling is 1,385 zł net, which is 1,703.55 zł with VAT. Above 2,000,000 zł the fee is 6,770 zł plus 0.25% of the excess, capped at 10,000 zł. On top of the fee come the court fee for the register entry and charges for copies of the deed.
Because it is a ceiling, asking two notaries what they charge is a normal thing to do, not an awkward one.
Where this comes from
This page describes the position as at 19 August 2026 and explains the rules in general terms. It is not legal advice about your transaction.
- Regulation of the Minister of Justice on maximum notarial fees (taksa notarialna)
- Polish Civil Code, on the form required for the transfer of real property
Frequently asked questions
Can I buy a flat in Poland without a notary?
No. Polish law requires a notarial deed for the transfer of ownership of a property. A private written contract, however detailed, does not transfer ownership. It can only oblige the parties to complete the sale before a notary.
Do I need to speak Polish at the notary?
Notarial acts are performed in Polish, and where a participant does not understand Polish the notary has to arrange for the deed to be translated. In practice that means a sworn translator present at the appointment. Tell the notary which language you need well before the date, and ask who books the translator and who pays.
Does the notary protect me as the buyer?
The notary protects the correctness of the transaction, not your commercial interest. They serve both parties equally. If you want advice that is on your side alone, engage your own lawyer in addition to the notary.
Who chooses the notary, the buyer or the seller?
It is a matter of agreement between the parties. In practice the buyer usually pays the notary fee, and the party paying commonly proposes the notary.