What real estate documents should a buyer check before purchasing real estate from the owner

Buying real estate directly from the owner requires a buyer to be extremely vigilant and have legal knowledge. Although a notary verifies essential legal facts during the transaction, you must do a lot of important „homework“ yourself before signing a preliminary purchase-sale agreement and paying a deposit. This is especially relevant when the seller is not represented by a professional real estate broker. A broker typically performs an initial document check, understands all legal nuances, and ensures a smooth process. Meanwhile, the owner themselves may not always know exactly which documents need to be prepared and how for the transaction, thus the buyer risks encountering unforeseen problems.

This guide will help you navigate the paperwork, correctly phrase your inquiries to the owner, and avoid costly mistakes. Here is a specific list of documents and details that you must review.

1. Registry Centre (RC) Extract: Property „Passport” and Real-time Information

This is the main document showing the current legal status of the property. You must read it very carefully.

• Instant check: Remember that the Land Registry records are current. Information visible on a paper extract a week ago may no longer be valid today. Therefore, just before signing a preliminary purchase agreement, demand that the owner provide a statement of the same day, which he can easily retrieve online himself (in RC self-service). This way, you can be sure that no last-minute surprises arise.
• Owners and signatures: Make sure who the real owner is. If the extract from the Centre of Registers states that there are multiple owners, Both the preliminary purchase and sale agreement and the final notarized agreement must be signed by all owners. One person cannot represent all, unless they have a notarized power of attorney.
• Arrests and mortgages: Check the „Encumbrances“ section. If the property is mortgaged, it is not an obstacle to purchase, but additional bank permission will be required. If you see a seizure record, the transaction cannot proceed as normal. However, a purchase is possible, if a written permit from the bailiff has been received to sell property under specific conditions (for example, the funds from the sale will be transferred to a bailiff's deposit account). Without such permission, the notary will not approve the transaction.
• 100% completion: You need to check if the accommodation is registered 100% completion. If the completion percentage is lower, ask the owner to sort out the documents and register full completion before the transaction. It is possible to buy with a lower percentage, but then the buyer assumes all the risk (if there is no possibility to register it fully for some reason). It is also important to know that the bank offers worse loan terms when the property is not 100% registered%.
• Purpose: Be sure to check the property's intended use. It may not only be residential (e.g., for leisure, creative workshops, or commercial purposes). This can affect not only obtaining a loan but also taxes or even quality of life.
• Additional tags: Please note any additional remarks. For example, a court case involving the property may be mentioned. In such a case, there may be no possibility of purchasing the property at all until the court proceedings are concluded.

Cadastral (technical) file: The plan must match the facts

Many buyers overlook this document, but this is where the biggest risks of „arbitrary“ repairs and unlegalized modifications lie.

• Actual Plan vs. Reality Open the drawing and inspect the dwelling. Has the kitchen been moved into the living room? Has the wall marked as load-bearing in the plan been demolished? You must ensure that the plan accurately reflects the current situation in the dwelling.
• Responsibility A buyer who purchases a property with illegal modifications assumes all unlegalized modifications after the purchase and all responsibility for them. Some of these may not even be possible to legalize, which will cause serious problems in the future, for example, when trying to sell the property or obtain a bank loan.

3. Debts for utilities, community, and renovation

Notary deeds typically do not require proof of utility bills, so this is the buyer's responsibility.

• Verification Please consider that for debt verification responsible buyer. Request the owner to provide certificates from the building administrator or homeowners' association president confirming that there are no debts.
• Latest bills and meters: Ask the owner to provide copies of recent electricity, water, and gas bills. Also, be sure to go to the property in person and compare the meter readings with those indicated on the bills.
• Renovation If the house has been renovated or is planned for renovation, this is crucial information. Find out if the renovation cost has already been paid, if it is still being paid, and who will pay for it after the purchase. Usually, the buyer takes over the remaining part of the renovation, so this must be reflected in the final purchase price. Check if there are any additional special assessments (e.g., for roof repairs or staircase renovations) that have already been approved at a community meeting but have not yet been included in the bills.

4. Specifics of buying a house or farmstead: Additional inspection steps

Buying a house is even more complex than buying an apartment because here you are not just buying a building, but also a plot of land. You need to check more additional documents.

• Name and permissions: If you are buying a house that is under construction, you must check the current building permit to go technical project. Otherwise, you may acquire an illegal item that you will not be able to complete.
• Land plot plan and measurements: Check the plot plan. It is important to know that plots with mathematical preliminaries sale in the city is no longer possible. If the property is in the countryside, find out if the plot measurements are already update (survey), or is it preliminary. Preliminary measurements mean that the exact boundaries of the plot are not clear, which in the future may cause disputes with neighbors regarding fences or building boundaries.

5. Energy Performance Certificate

This is a mandatory document when selling property, but it's important to know its limitations.

• Purpose: Please note that this certificate is only required for residential property. For example, it may not be required for a garden house if it is occupied for less than 4 months a year. The certificate will show the building's energy efficiency, which indicates future heating costs.

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Summary

When purchasing real estate directly from the owner, it is imperative to thoroughly check all legal and technical documents. Key areas that require special attention:

• Extract from the Centre of Registers: ensure you see immediate information about owners, arrests (which are only possible with a court order), mortgages, and 100% completion.
• Cadastral file: The plans must correspond to the factual situation to avoid liability for illegal modifications.
• Municipal debts The buyer is responsible for obtaining certificates of outstanding debts and verifying meter readings.
• New purchase: Additionally, double-check the construction permits (for unfinished construction) and ensure that the land parcel measurements are geodetic (this is mandatory in the city).

My advice: If there is even the slightest doubt about the authenticity of the documents or the owner's intentions, it is better to consult a specialist even before signing the preliminary agreement. Proper documentation is the guarantee of your peaceful sleep in your new home.

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