Selling a Property in Poland via Power of Attorney from the UK

Live in the UK but need to sell a house in Poland without flying over? You'll need a proxy acting under a power of attorney. This article explains how to grant a notarial power of attorney from abroad, what's required (apostille, the Consulate), who can act as your proxy, how to scope their authority, and how to make sure the sale proceeds actually reach you.

This guide is general legal information, not legal advice. How the rules apply depends on your individual circumstances. Cross-border powers of attorney are procedurally demanding — always check the details with a notary in Poland and, where relevant, a solicitor or notary in the UK, to make sure the form you use will actually be accepted.

A power of attorney to sell property must be in notarial form

Article 94 of the Polish Civil Code — the notarial-form requirement

Under Polish law, a power of attorney authorising someone to sign a contract of sale for real estate must be executed in the form of a akt notarialny (notarial deed) — no exceptions. A power of attorney in ordinary written form (an email, a letter, a signed Word document) is not sufficient.

In practice this means:

• The document must be drawn up by a notariusz (a Polish civil-law notary — a different role from a UK notary public, see below) — either a notary in Poland or, with the right authentication, one abroad
• Your identity must be verified (ID card or passport)
• The scope of authority must be spelled out — exactly what your proxy is allowed to do on your behalf

Granting the power of attorney from the UK

Option 1: A notary in the UK (most common route)

1. Find a notary in the UK — this can be an English solicitor or a notary public (in the UK "notary public" is a separate profession from a Polish notariusz, but they are able to draw up the document)
2. Draft the power of attorney — the UK notary prepares the document (in English or Polish)
3. Sign in front of the UK notary — identity check, signature, notarial seal
4. Obtain an apostille — the document must be certified, typically via the Foreign, Commonwealth & Development Office (FCDO) or through the relevant court process, for it to be valid in Poland - An apostille is an internationally recognised certification of a document's authenticity (under the 1961 Hague Convention) - Takes roughly 1–2 weeks (faster in person; online applications run around £30–50)
5. Get it translated (if required) — the Polish notary may require a certified (sworn) translation into Polish

Option 2: The Polish Consulate in the UK

Instead of a UK notary, you can go to the Consulate General of the Republic of Poland in London (or Manchester):

1. Contact the Consulate — by phone or email, explaining you need a power of attorney to sell property
2. Book an appointment — bring your ID card or passport
3. The consul draws up the power of attorney — in the Polish notarial form
4. No apostille needed — a document issued by the Polish Consulate is already valid in Poland

Pros of this route: Faster overall, no apostille step, the document is already in Polish form.

Cons:Less commonly available — depends on finding a notary willing to work this way.

What the power of attorney should cover

Scope of authority

The document must clearly state what your proxy is allowed to do:

• ✅ Full power to sell: the proxy signs the sale contract, negotiates the price, and can sign a preliminary agreement
• ✅ Limited power of attorney: the proxy may only complete the sale at a specified price (e.g. "not below PLN 200,000") or within a set timeframe
• ✅ Limited to a specific property: the power of attorney covers only one property (address, land registry plot number) — not any of your other assets

Key elements to include

• Your details (the principal): full name, PESEL (Polish national ID number, if you have one), address, passport/ID details
• Proxy's details: full name, address, ID number
• Subject matter: the property being sold (type, address, plot number)
• Scope of authority: what exactly the proxy can do (sign the contract, negotiate, handle the proceeds?)
• Restrictions: e.g. "price not below PLN 200,000", "sale to be completed by [date]"
• Access to the proceeds: can the proxy handle the money? (see below)
• Duration: how long the power of attorney remains valid — until the sale, or longer?
• Conditions: any conditions attached (e.g. "sale conditional on the buyer securing a mortgage")?

Limited vs. full power of attorney

Full power of attorney

• The proxy has complete freedom to negotiate and complete the sale
• You don't set a price or deadline — the proxy decides
• Risk: if the proxy isn't fully trustworthy, they could in theory sell far below value

When to use it: when you're working with a trusted solicitor or radca prawny (Polish legal counsel)

Limited power of attorney

• You set a minimum price (e.g. "not below PLN 200,000")
• You set a deadline (e.g. "valid until 31 December 2026")
• You specify what the proxy is allowed to negotiate (or whether they can negotiate at all)

When to use it: when you're working with an estate agent, or with someone you don't fully know

Our recommendation: in almost all cases, a limited power of attorney is the safer option.

Getting the sale proceeds

The question we hear most often: How do I actually receive the money from the sale?

Model 1: The money goes straight to your UK bank account

The notary transfers the sale proceeds directly to your account once the contract is signed. This requires: - Providing your IBAN in the sale contract - Your UK bank being set up to receive a transfer from Poland - Sometimes, a declaration on the source of funds (anti-money laundering / AML checks)

⚠️ International transfer: expect bank charges on both ends (roughly £30–50 combined), with the transfer taking 2–5 working days.

Model 2: The proxy holds the money (escrow arrangement)

The proceeds go into an account controlled by your proxy, who then forwards them to you: - Requires a separate escrow-style agreement between you and the proxy - The proxy holds the funds in a dedicated account - After completion, the proxy transfers the money to you

Pros: more oversight, transparency Cons: an extra step, and it depends on trust in the proxy

Model 3: The proxy sends a cheque (rare)

In the UK, a proxy could in principle issue a cheque in your name, which you then pay into your bank. Slower, but a secure method.

Step-by-step: selling with a proxy

1. Grant the power of attorney (via a UK notary plus apostille, or via the Polish Consulate)
2. The proxy keeps the document — to present it to the notary in Poland
3. The estate agent/proxy finds a buyer
4. Preliminary agreement signed — either by the proxy, or you sign remotely and send it over
5. Sale contract signed before a Polish notary — the proxy attends with the power of attorney, the notary verifies it, and the contract is completed
6. The notary collects PCC (2% transfer tax) — paid from the buyer's funds
7. Proceeds — transferred to your account, or to the proxy's account per the arrangement
8. Land registry (księga wieczysta, the land and mortgage register) update — the buyer is registered as the new owner (typically 2–8 weeks)

Changing or revoking a power of attorney from the UK

If you want to cancel a power of attorney (say, you've changed your mind, or no longer trust your proxy):

1. Issue a new power of attorney — with revised terms (narrower scope, a different proxy)
2. Send a copy to the notary in Poland — informing them the previous document is void
3. Notify your proxy — that their authority has been withdrawn

⚠️ Important: if a preliminary agreement has already been signed, revoking the power of attorney does not undo the contract. The agreement remains binding regardless of the proxy's current status.

Checklist — what to prepare before granting a power of attorney from the UK

• ☐ A valid passport or ID card
• ☐ Your PESEL number (if you still have one — copy it from an old ID or your passport if needed)
• ☐ Your UK address (for the document)
• ☐ Your proxy's details (who will act on your behalf?)
• ☐ The property details (address, land registry plot number)
• ☐ The scope of authority (full or limited? what minimum price?)
• ☐ The validity period (until when does the power of attorney apply?)
• ☐ A UK bank account (to receive the sale proceeds)
• ☐ An escrow-style agreement (if the funds are going into the proxy's account)

Frequently asked questions

Can I grant power of attorney to a lawyer in Poland? Yes — an adwokat (advocate), a radca prawny (legal counsel), or even a trusted individual can act as your proxy. Always check references, and if the proxy is a lawyer, confirm they carry professional indemnity insurance.

Will an apostille issued in the UK be accepted by a notary in Poland? Yes — an apostille is an internationally recognised standard under the Hague Convention, and Polish notaries accept it without issue. One separate point: if the power of attorney itself is in English, the notary may require a certified (sworn) Polish translation.

How long does it take to arrange a power of attorney in the UK? A UK notary appointment: 1–2 days once booked. Apostille: 1–2 weeks. The Polish Consulate: depends on appointment availability, typically 3–6 weeks.

Can I change my proxy partway through the sale? In principle, yes — you issue a new power of attorney with different terms. But if a preliminary agreement has already been signed, that agreement remains binding regardless of who holds the power of attorney.

What if my proxy disappears or doesn't act properly? You revoke the power of attorney by issuing a new notarial declaration. But if a preliminary agreement is already in place, it remains binding — you would then need a new proxy to complete the sale under that existing agreement.

Can I appoint a proxy just for negotiations, and attend the notary appointment myself for signing? Yes — this is possible. You grant a limited power of attorney (e.g. "to negotiate and sign the preliminary agreement only") and attend the final sale contract signing in person. This needs to be stated explicitly in the power of attorney.

This guide is general legal information, not legal advice. Cross-border procedures are demanding. Always check the details with a notary in Poland and, where relevant, a solicitor or notary in the UK, to make sure the power of attorney is correctly drawn up.