The list of documents required for the sale of a property is determined specifically for each transaction. It depends on a variety of circumstances – the type of property (flat, house, plot, land), whether it is inherited, matrimonial community property or the seller's individual property, whether it is under construction, whether any encumbrances have been registered against it, and so on.
Some of the documents are mandatory, and without them the notary will not execute the transaction. Others are required by the buyer and by the bank financing the buyer in order to carry out a full analysis of the legal status of the property.
Documents required for the sale of a property:
- Title document for the property
By means of it the seller certifies their right of ownership over the property. In addition to this document, all previous title documents must also be provided, so that the history of the property can be traced and a check made as to whether the seller's rights have validly arisen. Most commonly, the seller establishes their title as owner by means of the following documents:- Notarial deed (for sale and purchase, gift, exchange, etc.)
- A handwritten or notarially certified will
- A contract of sale under the procedure of the State Property Act or the Municipal Property Act
- A court judgment or a voluntary partition agreement
- A marriage contract
- A decision of the Land Commission for the restitution of the property
- Certificate of tax valuation
This certificate is issued by the territorial directorates of the National Revenue Agency (НАП) at the location of the property. It must state that the owner has no unpaid taxes and charges in respect of the property. - Certificate of marital status, spouse and children
This certificate is required in order to assess whether the property was acquired during the marriage. It is issued by the municipality at the seller's permanent or current address. - Certificate of the chosen matrimonial property regime
It is issued by the Registry Agency – Marriage Register and certifies the matrimonial property regime between the spouses. - Certificate of civil marriage
This certificate is required where the seller is married, in order to confirm that the property is not matrimonial community property. - Declaration under Article 26 of the Family Code
This declaration is required where the property is the seller's personal property, but the seller also has a spouse who must give their consent to the sale. - Court judgment for divorce
If the seller is divorced, they must also provide the court judgment dissolving the marriage. - Sketch of the property
A sketch of the land or of the ideal shares thereof, issued by the cadastre office. - Schematic plan of a self-contained unit within a building
It is issued by the cadastre office for units that form part of a building with a cadastral map in force. - Certificate of the administrative address of the property
This certificate is issued where the address of the property according to the title document does not coincide with the current address. - Certificate of heirs
For inherited property this certificate is mandatory and is issued by the municipality. - Certificate of entries, notations and deletions for a property (Certificate of encumbrances)
It is issued by the Registry Agency and certifies the presence or absence of encumbrances on the property. - Minutes of the general meeting of the partners or a decision of the sole owner of the capital
This is required where the seller is a commercial company. - Construction documents
For the sale of a property under construction, a building permit, commissioning certificates and other construction documents must be presented. - Authorisation from the district court
If the seller is a minor (whether under 14 or aged 14 to 18), an authorisation from the district court is required for the conclusion of the transaction. - Power of attorney
If any of the parties is represented by an attorney-in-fact, it must be notarially certified. - Declarations
- A declaration under Article 264(1) of the Tax and Social Insurance Procedure Code is no longer required. The notary carries out an ex officio check for the presence or absence of public liabilities due.
- Declarations under Article 25(8) of the Notaries and Notarial Activity Act (from the seller and the buyer)
- Declaration under Article 42(2)(2) of the Measures Against Money Laundering Act (from the seller and the buyer)
- Declaration under Article 59(1)(3) of the Measures Against Money Laundering Act (where the parties are legal entities)
The declarations are signed personally by the parties. Where they are represented by an attorney-in-fact, the principals must certify their declarations before a notary.
Should you require a consultation in connection with the sale and purchase of real estate, a review of documents or the drafting of a preliminary contract, please contact us on tel.: 0887550706 or by e-mail: [email protected]
