Power of Attorney to Buy a Flat in Poland: How to Draw One Up

You can't always show up at the notary's in person — you work abroad, you're buying a flat in another city, or the date of the deed falls right in the middle of your holiday. In that case, someone holding a power of attorney can carry out the transaction on your behalf. We explain how to prepare a power of attorney so that the notary, the bank and the land and mortgage register court have no objections to it.

Who is an attorney-in-fact, and who can be one

An attorney-in-fact acts in your name and on your behalf — the consequences of their actions fall on you, just as if you'd signed the agreement yourself. Anyone with at least limited legal capacity can be an attorney-in-fact. In practice, for property deals people choose an adult close relative or a professional — an advocate or a legal counsel (radca prawny).

You can appoint several attorneys-in-fact. In that case, it's worth stating in the document whether each of them can act independently or only jointly. Acting independently gives flexibility; acting jointly gives more control.

Form: for real property, the notary decides

The rule in art. 99 §1 of the Civil Code is simple: if an act requires a special form, the power of attorney to perform it must be in that same form. Since transferring ownership of real property, a developer agreement and the sale of a cooperative ownership right to a unit all require a notarial deed, the power of attorney for these acts must also be drawn up in that form.

It's different for acts that don't require that form — for example, the technical handover of a flat, filing applications for certificates, or concluding tenancy agreements. Here, ordinary written form is usually enough, though institutions (a bank, a developer, an office) may expect a notarially certified signature. We cover this in detail in the article on a power of attorney for the handover of a flat from a developer.

Types of power of attorney — which to choose?

The Civil Code distinguishes three scopes of authority:

• general — covers only acts of ordinary management. Selling or buying a flat is an act that exceeds ordinary management, so this type of power of attorney isn't enough here,
• generic — for acts of a defined type, e.g. selling all of the grantor's real property or concluding tenancy agreements,
• specific — for one, named act, e.g. selling a specific unit described by its address and land and mortgage register number.

For a one-off transaction, a specific power of attorney is the safest: it precisely defines what the attorney-in-fact can do, and limits the risk of misuse.

What to put in the power of attorney

The notary drafts the text, but you decide on its scope. Before your visit, prepare:

• your own and the attorney-in-fact's details (first and last names, PESEL number, ID documents, addresses),
• a description of the property — the address, the land and mortgage register number, and, when buying from a developer, the development's name and the unit number,
• a list of acts: e.g. concluding the preliminary and the final agreement, setting the price within stated limits, receiving or paying the price, filing applications with the land and mortgage register, collecting the keys and signing the handover report,
• any limits: a minimum sale price, a maximum purchase price, the account the payment should go to,
• an expiry date — not mandatory, but it's a good way to limit the risk.

If the attorney-in-fact is also to represent the other party to the transaction, or to conclude the agreement with themselves, that has to follow directly from the wording of the power of attorney (art. 108 of the Civil Code).

If you're financing the purchase with a mortgage, ask the bank about its requirements for the power of attorney already at the application stage. Banks often have their own templates, or expect specific powers, e.g. to sign the loan agreement and establish the mortgage.

A power of attorney from abroad: a consul or an apostille

If you live outside Poland, you have two routes:

• a Polish consul — a document drawn up at a Polish consular office is ready to use back home straight away, with no translations or extra certifications needed. The scope of notarial acts a given consul carries out can vary, so check with the consulate before your visit whether they'll draw up a power of attorney in the form required for selling real property,
• a foreign notary — if the country is party to the Hague Convention, the document has to be apostilled and then translated by a sworn translator. In countries outside the Convention, legalisation is needed instead.

Either way, it's worth sending a draft of the text to the Polish notary who'll handle the transaction before your visit. They'll check whether the document covers everything that's needed.

How much does it cost

The maximum notary fee is set by a regulation of the Minister of Justice. For a power of attorney, it currently stands at 30 zł for authority to carry out one act, and 100 zł for authority to carry out more than one — with VAT and the cost of copies added on top. Work is under way in 2026 to raise these rates, so it's best to confirm the current cost with the notary's office. Abroad, consular fees or the cost of the apostille and translation are added.

Revoking and the expiry of a power of attorney

You can revoke a power of attorney at any time (art. 101 of the Civil Code), unless you waived that right for reasons justified by the nature of the legal relationship. Revocation takes effect once it reaches the attorney-in-fact — it's best to do this in writing, in a way you can prove was delivered, and to inform the notary and the other party to the transaction. Once the authority expires, the attorney-in-fact is required to return the power-of-attorney document. As a rule, a power of attorney also expires on the death of the grantor or the attorney-in-fact.

How to choose an attorney-in-fact

You're entrusting someone with a decision over an asset often worth several hundred thousand złoty. So:

• choose someone you trust who will be available on the day of the transaction,
• limit the scope and validity period of the power of attorney to what's actually needed,
• state in the text the account the price should be paid into — the money then goes straight to you,
• stay in touch with the attorney-in-fact and the notary before the deed is signed.

Read also:

• Selling a flat step by step
• Selling an inherited flat
• Buying a flat in Poland from abroad — the power of attorney

Frequently asked questions

Summary

A well-prepared power of attorney lets you buy or sell a flat without being present in person at every stage. The key is the right form (notarial for real property agreements), a precise scope, and a trusted attorney-in-fact. If you're planning to buy a new flat remotely, ask our expert — we'll help you choose a development, review the developer agreement, and organise the formalities so you need to be present as rarely as possible.