The real estate market in Poland has been undergoing a digital revolution for years. One of its pillars are Electronic Land and Mortgage Registers (EKW), kept by the Ministry of Justice. As Gratka.pl experts remind us, it is still the same, key register of the legal status of real estate – the difference is in the form. Instead of visiting a district court, all you need is internet access and a land and mortgage register number.
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The online land and mortgage register documents, among others: owner's details, location and area of the property, as well as mortgages, easements and third-party claims. Importantly, the register is public — anyone can view it as long as they know the land and mortgage register number. This is a solution that significantly increases the transparency of real estate transactions.
Public register, but not everything is obvious
The openness of land and mortgage registers is sometimes wrongly interpreted as full security of transactions. Meanwhile – as market specialists emphasize – the very fact of the existence of the book is only the beginning of the analysis.
“The land and mortgage register is one of the most important documents describing real estate. It can protect the buyer from purchasing a flat encumbered with, for example, the right of permanent residence,” Gratka.pl experts point out.
The registry is based on the principle of presumption of the truthfulness of entries. This means that what is disclosed in the book is considered consistent with the actual legal status. But – and here comes the key “but” – there are situations in which just reading EKW may not be enough.
The openness of land and mortgage registers is sometimes wrongly interpreted as full security of transactions
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Four departments that decide about transaction security
Each land and mortgage register has an identical structure and consists of four sections. Their arrangement is logical, but requires careful analysis.
Section I concerns real estate and rights related to it. Here you will find information about the type of premises or plot, geodetic data, address and area. Part I-Sp includes the rights of the owner, e.g. easements or shares in the access road.
Section II is the data of the owner or co-owners. The method of acquiring the property – sale, donation or inheritance – is also disclosed here. For the buyer, this is a key signal as to whether the seller actually has the right to dispose of the premises.
Section III can be the most problematic. This is where they come in restrictions on the disposal of real estate, personal rights and claims — e.g. the right of life annuity, lease or pre-emption. Ignoring them may mean serious financial and legal consequences.
Section IV covers mortgages. The mortgage itself does not invalidate the purchase, but requires appropriate procedures and settlements, often involving the bank.
Warranty of public faith in land and mortgage registers – a shield for the buyer
One of the foundations of the land and mortgage register system is: a guarantee of public faith. This is a mechanism that – in theory – gives the buyer a great sense of security.
– The purpose of the warranty is to ensure certainty and stability of real estate transactions, so that the buyer can rely on the contents of the land and mortgage register – explains Daniel Wojda, real estate advisor and owner of the real estate agency zdrowie360.com.
As the expert explains, if the buyer acts in good faith and purchases the property from a person entered in the register as the owner, he generally becomes its owner — even if the actual legal situation was different. The risk of incorrect or undisclosed rights falls on the person whose interest has not been entered in the Land and Mortgage Register.
However, this is not absolute protection. The warranty does not work, among others: in the case of references to ongoing proceedings disclosed in the book.
Online land and mortgage registers vs. land and mortgage register files: a difference that few people talk about
In practice, many buyers finish their analysis by checking the EEC. This is a mistake that experts warn against.
— Online land and mortgage registers are an electronic system, however land and mortgage register files are physical documents located in a court or archive – emphasizes Daniel Wojda.
The files may contain documents that have not yet been disclosed in the electronic ledger, e.g. applications waiting to be considered. Therefore, before purchasing – especially an expensive property – it is also worth accessing paper files. A person with a legal interest and a notary have access to them.
Printing from the Internet is not enough. When do you need a document “with legal force”
Although anyone can print the content of the land and mortgage register from a browser, such a document has no legal force. As Gratka.pl experts remind, a printout in viewing mode does not meet the formal requirements and will not replace a copy issued by the court.
If the document is needed, for example, for a mortgage loan or a change of ownership, you must submit an application via the EKW system and pay a fee. In return, we receive a PDF file with the features of an official document, equivalent to a paper copy from the court.
The costs are relatively low — from PLN 20 for a regular copy to PLN 50 for a complete copy, which also shows deleted entries and the history of changes.
Why checking the Land and Mortgage Register is now an obligation, not a formality
In the reality of high apartment prices and the growing number of complicated transactions the online land and mortgage register has become the buyer's first line of defense. It's a quick, free, and accessible tool for everyone – but only if you know how to use it.
Market experts agree: the analysis of the Land and Mortgage Register, supplemented by checking the book files and the support of a notary, is the absolute minimum today. Because on the real estate market, one inconspicuous mention in section III may cost much more than a few hours devoted to thorough verification.
The material was created in cooperation with Gratka-Morizon Group.
