How to check a land register (księga wieczysta) online

Anyone who knows the land register number can read a Polish land register (księga wieczysta) online, free of charge, at ekw.ms.gov.pl. Before you pay a developer, check four things: the plot matches the project (section I), the developer owns it (section II), there are no claims or enforcement entries you were not told about (section III), and how the bank’s mortgage will be released (section IV).

Why the land register matters

Polish land registers are public, and the law presumes that what they show is true. A buyer who acquires a right from the person named in the register is protected even if the register turns out to be wrong. This is called the public faith of land registers (rękojmia wiary publicznej). The protection has limits: it does not cover a buyer who knew, or could easily have found out, that the register was wrong. It also does not apply while an application is pending. In practice, you are expected to read the register before you buy.

How do you check a land register online?

Browsing is free at ekw.ms.gov.pl: enter the land register number, pass the anti-bot check and read each section. A printout of what you browse has no official force; an official copy costs zł 20 for a current copy or zł 50 for a full one. Step by step:

1. Get the number. It has three parts, in the format XXXX/00000000/0: a four-character code of the court, an eight-digit number and a check digit. For a new development, the number is in the information prospectus.
2. Open the browsing service. On ekw.ms.gov.pl, choose the option to browse a land register (przeglądanie księgi wieczystej). Enter the three parts of the number and pass the anti-bot check.
3. Choose the view. “Current content” (treść aktualna) shows the entries in force. “Full content” (treść zupełna) also shows deleted entries, which helps you see who owned the plot before and which mortgages were removed.
4. Read every section. The register opens on the cover page. Switch between sections I-O, I-Sp, II, III and IV.
5. Get an official copy if you need one. A printout of what you browse has no official force. If a bank or court needs a document, order an official copy online: zł 20 for a current copy (odpis zwykły) and zł 50 for a full copy (odpis zupełny), which you then print yourself.

What each section shows

Section II: not the developer? The developer may build on land it does not own if the owner or perpetual usufructuary agrees to the registration of buyers’ claims. The prospectus states the developer’s legal title to the land, so if section II names someone else, the prospectus should explain it. If it does not, ask before you sign.

Section IV: a mortgage is normal. Most projects are financed by a bank loan secured on the plot. The developer must have the bank’s consent, or a commitment to give it, to release your apartment from the mortgage once you have paid in full. This document is attached to your agreement. Without it you may withdraw within 60 days of signing.

What does a wzmianka in a land register mean?

A wzmianka is a note that an application has been filed and the court has not decided it yet. It may be for a new mortgage, a sale, an enforcement entry or a correction. The law says nobody can claim ignorance of an application noted in the register. While a wzmianka is pending, public faith does not protect you. The same applies when the register carries a warning (ostrzeżenie) that it may be wrong. If you see one, ask the developer what the application is and wait for the court’s decision or a written explanation.

After you sign: your claim in section III

The development agreement is the legal basis for entering your claim in section III of the register for the developer’s plot. Your claim is to have the building finished and the apartment transferred to you. The notary files the application electronically. Check the register a few weeks later: you should see first a wzmianka, then the entry.

After the final deed, a separate land register is opened for your apartment, and section II of that register should name you.

Red flags

• Section II names an owner other than the developer, and the prospectus does not explain the owner’s consent.
• Section III shows enforcement by a bailiff (egzekucja) or a warning.
• A wzmianka that nobody can explain.
• Plot numbers in section I that differ from those in the building permit.
• No bank consent to release your apartment from the mortgage in section IV.

How this relates to Havkey trust levels

At level 2 (“Documents checked”), Havkey reviews the land register of the project’s plot together with the building permit and registry extracts. The check is valid for 180 days. A level shows what we saw on the date of the check, so read the register yourself before you pay, as entries can change at any time. See how Havkey verifies developers and projects. The other checks are covered in how to check a developer in Poland. What happens to your money after you sign is explained in open or closed escrow account.