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Buying a 'Surowy Otwarty' House


Roibeard79 3 | 39
22 Jun 2021 #1
Hi

I am purchasing a house in Surowy Otwarty (raw open) state so checking if anyone has had similar experience and can offer any advise. We will be buying the property in cash, working on it a bit then looking to get loan/mortgage to finish later.

Quick background: I am Irish living in Poland working for UK Company
My partner is Polish

Queries: Seller introduced us to a solicitor. Solicitor is saying we need a translator as i don't speak/read Polish
Should the solicitor fees be shared between seller and buyer or onus is on buyer?
Should I get an independent survey of the property before purchasing?

Ideally those who have experience with the same or similar can provide some assistance. Thanks in advance
Atch 22 | 4,116
22 Jun 2021 #2
. Solicitor is saying we need a translator as i don't speak/read Polish

Yes, the law requires it so you do need a translator - but you don't need a solicitor :))

Should the solicitor fees be shared between seller and buyer or onus is on buyer?

A solicitor is not required for property transactions in Poland. People normally use a notary. The notary is sometimes a solicitor too, but not always. There is a fixed fee for notarial services whereas a solicitor can charge you for bells and whistles including arranging the translator which you can easily do yourself. The fee for the notary for properties up to a million zloty is PLN 1010 + 0,4% on the excess above 60 000.

The buyer usually pays the notary's fees but they can be shared ;it's up to you to come to an agreement about that with the seller. You need a 'sworn translator' which you can obtain either from an agency or just google for one in the area where you live. You need to have them translate the contract of sale for you. They will usually want to see the contract a couple of days before the handover so they have time to look over it. They will charge you extra for preparing a written translation of it. Even if you have the English copy of the contract the translator also needs to be at the notary's office when you sign the contract.

It's a completely different process to Ireland or the UK where buyer and seller have their own solicitors and they represent your interests. In Poland, the role of the notary is simply to legalize the transaction and that's why buyer and seller simply use the one notary. He does nothing really except take the necessary documents from the seller, draw up the contract of sale and witness your signatures to it. The seller has to supply a document to him from the appropriate authority confirming that there is no outstanding debt/mortgage on the property but that's really the limit of the 'search' and he doesn't carry it out himself.

I've never bought a raw property but I googled it po polsku and here's the translated info I found:

When buying an unfinished house, make sure that it is a legal investment. So let's check that all building permits and the ownership title to the plot are valid. We should also make sure that the dimensions, location of the building, window openings, as well as the roof slope correspond to the formal and legal procedure for this construction. We can compare the actual state with the formal one by electronic means. For this purpose, we need to dimension the house, photograph it (from all sides) and, using the e-office procedure, send it to the appropriate department. To such an official inquiry, we must attach the numbers of letters that the seller presented to us. For the investor, the most important thing is whether the seller has not indebted the construction, e.g. with a bank loan based on a pledge of land - unpaid debts are charged to the buyer.

I would say it's worth getting a surveyor and perhaps he can also advise you about the documents you should be seeking in relation to being sure that all the correct permits etc were obtained for the building.

Btw, I remember your first posts here a while back. Hope life in Poland is going well for you :)
OP Roibeard79 3 | 39
22 Jun 2021 #3
Yes, the law requires it so you do need a translator - but you don't need a solicitor :))

thanks for clarifying, I have phoned a couple local ones since and they confirmed this also. Not expensive so not an issue

A solicitor is not required for property transactions in Poland. People normally use a notary.

Yes my partner just clarified this also. The one we are using is a notary and solicitor so hense my confusion!

Btw, I remember your first posts here a while back. Hope life in Poland is going well for you :)

All going well thanks. Great that lock down has lifted can explore a bit and get out and about.


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