Reporting is simply a subject which in Poland causes quite a few controversy, especially in the context of sale of real estate. Although it does not formally block the transaction, it may constitute a crucial obstacle, both for the seller and for the buyer. What are the details of this issue and why checkout Is it that crucial to sale an apartment? We answer these questions by presenting current provisions and applicable guidance.
Report - what is it?
The reporting work in Poland has its origins during the period of the Polish People's Republic of Poland, erstwhile it served as an accounting function. According to the Act of 10 April 1974. about the population records, the study confirmed the residence of the citizen, and for the offices it was proof of where the citizen is. Today, in the days of the net and mobility, report He lost his first role. Although it no longer has that effect on everyday life, it is inactive part of the record.
Reporting in Poland, it can be done in 2 ways: for permanent or temporary stay (if individual stays in a given place for more than 3 months). To check in, just go to the municipal office or usage the platform ePUAP.
Reporting and selling the flat – what does it look like in practice?
Come on. report It doesn't formally block the sale of the apartment, it can origin any complications. The key thing is that notary the seller of the transaction needs to verify the reporting position of the property. If individual is checked in, the possible buyer must know that changing the position of the study may require additional action.
The fact that you check in to the property does not give anyone the right to own or usage it. However, for buyers This may be an crucial problem – they fear that after buying the flat they will gotta go through additional check-out procedures, which may hold the completion of the transaction or hinder further sales.
Why would a study discourage buyers?
Although the study does not give you the right to property, buyers frequently fear that an unreported individual may introduce additional complications. For example, it may turn out that person checked in does not agree to check out, which causes difficulties in conducting the transaction. This may besides be a possible problem in the case of a future sale of the flat erstwhile the fresh owner is incapable to prove that the premises are free from registered persons.
For this reason, many buyers like to choose properties where reports were previously deleted This guarantees a "clean legal situation" and a deficiency of concern about future complications.
Checkout – how and erstwhile to do this?
If individual is registered in the apartment, it is worth keeping this individual Checked before selling real estate. There are 2 main scenarios:
- Checking out with permission individual checked in – this is the simplest situation. If the individual who left the flat agrees to check out, the procedure goes smoothly.
- Checking out without permission – if the individual does not want to check out voluntarily, the property owner may apply for administrative check-out. The municipality will check that the individual has actually left the flat and that there is no reason to keep the report.
In case of administrative checkout, it is crucial to supply additional information specified as proof of where the individual presently resides. The more information, the faster you can go through the procedure.
Reporting and flat rental – additional complications
If the flat is rentedThe situation becomes more complicated. If the lease agreement has not expired before the sale of the property, the rights resulting from the lease shall be transferred to the fresh owner. Reporting in that case, it may pose a smaller challenge as it is usually linked to the lease agreement.
Renters are protected by the Housing Act, which means that in the case of rented apartment the fresh owner does not have easy access to a fast termination of the contract, a change in rent conditions or an increase in rent. In this case, it is worth ensuring that the lease stays solved before selling real estate. This will avoid the problems of work checkout and possible legal problems.
Come on. report does not block the sale of the apartment, may inactive constitute a serious obstacle to the transaction. In order to keep both the seller and the buyer calm, it is worth ensuring that all persons are present before selling the property Checked. This requires a small effort, but in the long word it avoids legal complications.
Read more:
Can the study block the sale of the apartment? What do you request to know?
