CGO Legal | Real Estate Law
Due Diligence of Polish Real Estate
Before committing to any property purchase in Poland, a thorough legal audit is essential. We verify ownership, encumbrances, construction compliance and zoning — so you know exactly what you are buying before you sign anything.
Why it matters
Most legal problems with Polish property are discoverable before purchase — if you know where to look.
The Land and Mortgage Register (Księga Wieczysta) is public. So are planning documents, building permits and ownership records. A professional due diligence audit reads all of these layers together and flags what a standard property search misses.
- Ownership title verification
- Mortgages & encumbrances
- Zoning & planning check
- Construction compliance
- Written report with findings
Due diligence — key facts
| What we review | Land and Mortgage Register · geodetic registry · local development plan · building permits · occupancy certificate · zoning decisions · third-party contracts |
| Who needs it? | Any buyer of real estate in Poland — residential, commercial or agricultural. Essential for non-residents unfamiliar with Polish registers. |
| When to do it? | Before signing the preliminary agreement (umowa przedwstępna) — while you can still negotiate or walk away |
| What do you get? | A written due diligence report in English summarising findings, risks and recommended next steps |
| Typical turnaround | 5–10 business days for residential property; longer for commercial or multi-title assets |
| Languages | English, German, French, Italian, Russian |
What we check — and why it matters
Legal Title
We verify who legally owns the property and whether the seller has the right to dispose of it. We check the full ownership chain and flag any gaps or irregularities.
Mortgages & Encumbrances
We identify all mortgages, liens, easements, third-party claims, enforcement proceedings and pre-emption rights registered against the property — liabilities that transfer with ownership.
Zoning & Planning
We obtain and review the local spatial development plan (MPZP) or zoning decision to confirm permitted uses, building restrictions and any planned infrastructure or changes in the area.
Construction Documentation
We verify building permits, the occupancy certificate (pozwolenie na użytkowanie), compliance of the built structure with approved plans, and any outstanding administrative proceedings.
Third-Party Contracts
We review lease agreements, management contracts, developer agreements and any other obligations that are binding on the property and would transfer to the new owner at closing.
Heritage Register
We check whether the property or its location is entered in the Register of Historic Monuments, which can significantly restrict renovation and development works.
How the due diligence process works
1. Land and Mortgage Register
The primary source is the Księga Wieczysta — a public register held by the regional court. It discloses the owner, area, mortgages, easements and any pending proceedings. We retrieve and analyse the full register extract.
2. Geodetic Registry
We obtain an extract from the geodetic land and buildings registry (ewidencja gruntów i budynków) held at the starosty. This confirms plot details, land classification and building data — and we cross-check it against the Land Register for consistency.
3. Local Development Plan
We retrieve the local spatial development plan (MPZP) or, where none exists, the zoning decision. This determines permitted use, height restrictions, infrastructure obligations and any planned changes that could affect the property’s value or usability.
FAQ — Due diligence of Polish property
Is due diligence mandatory in Poland?
No — Polish law does not require a separate due diligence audit before property purchase. However, it is strongly recommended for any foreign buyer, particularly when purchasing from a private seller or acquiring property with a complex ownership history. Problems discovered after the notarial deed is signed are far more costly to resolve.
How long does a due diligence audit take?
For a standard residential property: 5–10 business days from receipt of the property details. Commercial properties, multi-title assets or properties with complex documentation require more time. We provide a clear timeline at the start of each engagement.
What do I receive at the end?
A written due diligence report in English (and Polish if required) summarising our findings, identifying legal risks and recommending next steps. The report is designed to be read by a non-lawyer — we avoid unnecessary legal jargon.
Can you do due diligence remotely?
Yes. Most Polish property registers are accessible online or through official channels. We can complete a full due diligence audit without you or us visiting the property. All communication is in English.
Do you also handle the full purchase after due diligence?
Yes. Due diligence is often the first stage of our full conveyancing service. If you proceed to purchase, we can represent you through the preliminary agreement, notarial deed and post-transaction registration.
