Notarial deed, sketch, certificate of encumbrances – which documents you need when buying

Buying a home is not just a matter of choosing a suitable apartment, negotiating a price and signing before a notary. Before the deal, a set of documents must be gathered and checked, which establish ownership, the exact identity of the property, the presence of encumbrances and the seller's right to carry out the sale.

The notarial deed, the cadastral plan and the certificate of encumbrances are among the best-known documents when buying a property, but they are usually not the only ones. Depending on how the property was acquired, the owner's marital status, the type of home and whether a bank loan is involved, you may also need a tax assessment certificate, a certificate of heirs, civil marriage documents, building permits and plans, a power of attorney or documents from the bank.

It is important not only to obtain copies, but to compare the information in them. The names of the owners, the address, the area, the cadastral identifier, the ancillary premises and the ideal shares must match across all documents. Even a small discrepancy may call for additional checks before paying a deposit or signing a preliminary contract.

1Who must provide the documents for the deal

2Notarial deed or other proof of ownership

The notarial deed is the document that most often proves ownership of the home. It states the owner, how the property was acquired and a detailed description of it.

Not every property, however, is acquired through a standard sale and purchase. Ownership can also arise from:

• a gift agreement;
• a voluntary partition agreement;
• a court ruling;
• an award order;
• an agreement transferring property in exchange for lifetime support and care;
• inheritance;
• a restitution act;
• a declaratory notarial deed;
• other grounds provided for by law.

So the right question is not only “Is there a notarial deed?” but “On what basis did the seller become the owner, and can this right be traced?”.

What to check in the ownership document

Review the following details carefully:

• the owner's full name and identification details;
• the date and basis of acquisition;
• the exact address of the property;
• the floor and the unit number;
• the area;
• the cadastral identifier, where applicable;
• the boundaries or neighbouring units;
• the cellar, attic, garage or parking space;
• the undivided shares of the common areas and the land;
• a reserved right of use or other special arrangements.

When an apartment and a garage are sold together, do not automatically assume that both are covered by one notarial deed. The garage may be a separate, independent unit with a different identifier and a separate ownership document.

For parking spaces, checking is even more important. A parking space may be an independent unit, an undivided share of a plot of land or a right of use over a specific area. These options are not equivalent and must be clearly described in the documents.

Why the ownership history needs to be traced

The latest notarial deed shows how the current seller acquired the property, but it is not always enough for a full check. In certain transactions, the previous documents must also be reviewed.

This is especially important when the property is:

• inherited;
• acquired by gift;
• received in a partition;
• restituted;
• transferred between relatives;
• the subject of a previous court dispute;
• acquired through a proxy.

The aim is to establish whether each transfer was made by a person who had the right to dispose of the property, and whether any owner or heir has been left out.

3Sketch or plan – which document you need

In everyday speech, the general term “property sketch” is often used. For an apartment, however, the right document is usually a plan of an independent unit in a building.

The difference matters:

• a sketch is issued for a plot of land or a building;
• a plan is issued for an independent unit in a building, such as an apartment, garage, office or shop.

The plan of an independent unit is issued through the Geodesy, Cartography and Cadastre Agency. It can be obtained in person, by courier or as an electronic document through KAIS.

What the cadastral plan contains

The plan states the main details of the property, including:

• cadastral identifier;
• address;
• floor;
• designated use;
• area according to the cadastral map;
• ancillary levels, where recorded;
• neighbouring independent units;
• details of the building and the plot.

The cadastral identifier is a unique number by which the property is recognised in the cadastral map and registers.

When checking, compare the plan with the notarial deed and the actual condition of the home. The address, floor, area and designated use must all refer to the same unit.

What discrepancies may turn up

A different area in the notarial deed and in the plan does not automatically mean the transaction is impossible. The discrepancy must, however, be clarified rather than ignored.

Problems can arise with:

• an incorrectly recorded floor;
• a different apartment number;
• a mixed-up cadastral identifier;
• a missing ancillary room;
• an incorrect designated use;
• the merging of two units;
• the division of one apartment;
• a conversion that has not been recorded;
• an annexed terrace or common area.

The plan is not an architectural drawing and does not in itself prove that every conversion is lawful. When the actual layout differs significantly from the documents, building permits and documentation should be requested, along with an expert inspection.

4Certificate of encumbrances

The document known as a certificate of encumbrances is issued by the Property Register at the Registry Agency. Its official name is a certificate of registrations, notations and cancellations for a property.

It shows the registered rights and encumbrances at the time it is prepared, or certifies that none have been found.

Circumstances that may be recorded include:

• contractual and statutory mortgages;
• attachments;
• registered claims;
• right of use;
• lease agreements, where they are subject to registration;
• other acts affecting ownership or the disposal of the property;
• notations on the cancellation of earlier registrations.

What a “clean” certificate means

A certificate showing no encumbrances should not be considered separately from the other documents. It is prepared according to the data attached to the application and for the stated period.

Check:

• whether the description of the property is accurate;
• whether all previous owners are included;
• what period the document covers;
• when it was issued;
• whether the details match the notarial deed and the plan.

With a more complex ownership history, a check over a longer period and by person may be needed, not just a formal certificate for the specific property.

Certificates of encumbrances that have been issued contain a unique 12-character code that can be used to verify their authenticity online.

Can you buy a home with a mortgage

5Tax Assessment Certificate

The tax assessment certificate is issued by the municipal administration for the location of the property. It contains the tax assessment, which matters when calculating some of the costs of the transaction.

The document must correctly describe:

• the property;
• the owners;
• their ideal shares;
• the declared characteristics;
• the tax assessment;
• any liabilities, where recorded in accordance with the applicable procedure.

Compare the names and shares in the tax assessment with those in the title document. If a deceased owner appears, a co-owner is missing or the ideal shares differ, the documents must be corrected before the transaction.

Do not treat the tax assessment as proof of ownership. It serves tax and administrative purposes, but it does not replace the notarial deed or the check in the Property Register.

6Certificate of Heirs

A certificate of heirs is required when the owner has died and the property is being sold by their heirs.

The document shows who the heirs are according to the data available in the registers. It must be reviewed together with the document through which the deceased owned the home.

For an inherited property, check:

• whether all the heirs are taking part in the sale;
• whether there is a deceased heir and their own heirs;
• whether any renunciations of inheritance have been made;
• whether there is a will;
• whether a partition has been made;
• whether any inherited shares have been transferred;
• whether there is a co-owner who is a minor.

When one heir sells the entire property through a power of attorney, the powers of attorney from the other co-owners must be checked. One heir cannot independently sell the others’ ideal shares simply because they are organising the transaction.

7Marital Status Documents

Marital status and the way the property was acquired can determine who must take part in the sale.

A home registered in the name of only one spouse may, in certain circumstances, form part of the spouses’ joint marital property. The date of acquisition, the source of the funds and the chosen property regime all matter.

Depending on the specific case, the following may be required:

• a marriage certificate;
• a marital status certificate;
• a prenuptial agreement;
• a document for a chosen separate-property regime;
• a declaration or evidence of personal property;
• the participation or consent of the spouse.

Do not draw conclusions solely from whose name is written in the notarial deed. The legal check must take into account how and when the property was acquired.

8Power of Attorney for a Sale Through a Representative

When the owner is not present in person, the transaction can be carried out through an attorney-in-fact. In that case a power of attorney must be presented in the required form and with sufficiently specific powers.

Check whether the representative has the right to:

• negotiate the price;
• sign a preliminary contract;
• receive a deposit;
• sign the notarial deed;
• receive the sale price;
• represent the owner before a bank and institutions;
• submit declarations on their behalf, where this is permitted.

The right to show the home or conduct negotiations does not automatically include the right to receive money.

It is sensible to contact the owner directly and have them confirm the sale. It is also necessary to check that the power of attorney has not been revoked or terminated for any other reason.

9Construction Documents for New Construction

When buying new construction, the standard set of documents is not enough. You need to trace the ownership of the land, the building right and the lawful progress of construction.

Depending on the project stage, the following may be checked:

• a document proving ownership of the land;
• a contract or notarial deed for the building right;
• a design permission (visa);
• a building permit;
• approved investment designs;
• a protocol for opening the construction site;
• the act of acceptance of the structure;
• the statement of findings certifying that the building is fit for acceptance;
• an occupancy permit or a commissioning certificate;
• a table of area calculations;
• a plan of the specific unit;
• documents for mortgages on the land or the building.

The terms “Act 14”, “Act 15” and “Act 16” used in practice denote different stages and documents. They are not interchangeable, and a building should not be assumed ready for use just because its structure is complete.

10Documents When Buying with a Mortgage

When the buyer uses bank financing, the bank carries out its own checks and may request additional documents.

The following are usually provided:

• a title document;
• previous title documents;
• a cadastral plan;
• a certificate of encumbrances;
• the tax assessment;
• a marital status certificate;
• construction documents;
• a preliminary contract;
• a market valuation by an approved valuer;
• documents proving the borrower’s income.

Requirements may differ depending on the bank and the specific property. The buyer’s pre-approval does not automatically mean approval of the home as collateral.

Documentary discrepancies, unlawful alterations or the specific status of the unit can lead to a refusal or a lower valuation. For a purchase with a loan, the checks should therefore begin before the deadlines are finally agreed.

11Additional Documents Depending on the Specific Property

In some transactions the following may also be needed:

• a voluntary or court-ordered partition agreement;
• a court decision marked as having entered into force;
• permission from the district court where an owner is a minor;
• a certificate of identity of address or person;
• a document for a change of designated use;
• architectural designs;
• a certificate of tolerance;
• protocols and permits for alterations;
• documents for a right of use;
• documents for the discharge of a mortgage;
• declarations required at the notarial completion.

Not every document is needed for every purchase. The set is determined by the history of ownership, the status of the home and the method of financing.

12How to Compare the Documents

The most important part of the check is cross-referencing the information. Reviewing each document separately is not enough.

Compare across all documents:

1. The names of the owners.
2. The ideal shares of each owner.
3. The address of the property.
4. The floor and the number of the unit.
5. The cadastral identifier.
6. The area.
7. The designated use.
8. The ancillary rooms.
9. The ideal shares of the common areas and the land.
10. The manner and date of acquisition.

When there is a discrepancy, ask for an explanation and a document that proves the reason. A verbal claim such as “That is an old mistake” is not enough.

13Which Documents to See Before Paying a Deposit

It is not necessary for all the administrative documents for the notarial transaction to be finally issued before the reservation. The buyer should, however, have enough information not to pay for a property with unclear ownership.

Before paying a deposit, it is sensible to check at least:

• the title document;
• the seller’s identity;
• the previous title documents available;
• an up-to-date cadastral plan or the cadastral data;
• any mortgages, distraints and other registrations;
• all co-owners;
• the power of attorney, if there is a representative;
• the main construction documents for new construction;
• the status of the garage, parking space and ancillary rooms.

A detailed breakdown of the risks before a reservation payment can be covered in a separate article on legal checks before paying a deposit, so that this post does not compete with it for the main keyword.

14A Practical Checklist for the Buyer

Ownership documents

• a current notarial deed or other title to ownership;
• previous deeds;
• documents for inheritance or partition;
• documents for undivided shares.

Property documents

• cadastral plan;
• sketch of the land or the building, where applicable;
• tax assessment;
• documents for ancillary premises;
• building documentation in the case of conversions or new construction.

Legal status documents

• certificate of encumbrances;
• bank documents in the case of a mortgage;
• documents for a right of use;
• registered contracts or court rulings;
• powers of attorney.

Owners' documents

• identity documents;
• certificate of heirs;
• documents on civil marriage and property regime;
• court permission, where necessary;
• declarations for the notarial transaction.

15A good check matters more than the number of documents

There is no single universal package that guarantees security in every purchase. A standard apartment with a clear history may require relatively few documents, whereas an inherited property, a home with a mortgage or a property under construction calls for a much more thorough check.

The most important thing is that the documents consistently prove three things: that the seller is the owner, that the property is precisely identified, and that there are no unknown rights or restrictions that could jeopardise the purchase.

Before you sign a preliminary contract or transfer a significant sum, the documents should be reviewed by a specialist. A professional agent can organise the process and the communication between the parties, while a lawyer can assess the legal risks according to the specific history of the property.

When the notarial deed, the cadastral plan, the certificate of encumbrances and the other documents are gathered in good time and the information in them matches, the transaction can proceed with a much lower risk of unpleasant surprises.