Buying or Selling Polish Property by Power of Attorney: Notary Rules

Do you need to sign a notarial deed to buy or sell a flat in Poland but can't attend in person — because you live abroad, you're in hospital, or you simply don't want to take time off work to fly over? The solution is representation by a proxy (pełnomocnik — an attorney-in-fact acting under a power of attorney, not to be confused with a UK "attorney" in the litigation sense), but for such a document to work at the notary's office it has to meet specific formal requirements. This guide explains when a power of attorney for notarial acts is valid, what it should contain, and how signing a deed without your presence works in practice.

This guide is general legal information, not legal advice. Whether a power of attorney is valid and effective depends on its wording, the scope of authority granted, and the specific circumstances — we cannot guarantee an outcome, nor that a notary or the land and mortgage register court will accept a given document without objection. If you need advice or representation, the matter should be assessed by a notariusz (a Polish civil-law notary) or a qualified Polish lawyer. Twoja Sprawa helps you organise the documents for that assessment.

Key points

• A power of attorney for a property transaction must be made in notarial form — a plain written power of attorney (even signed and emailed) is not enough if the proxy is to sign a sale or purchase agreement on your behalf.
• The scope of authority must be precise — the power of attorney should identify the specific transaction (e.g. purchase of a particular property) or at least the type of acts the proxy may carry out.
• The notary checks the power of attorney before signing the deed — verifying its form, content, validity, and whether it covers the transaction in question.
• The proxy acts in your name, but you as the principal bear the legal consequences of the agreement — which is why the scope of authority and the choice of proxy matter a great deal.
• A power of attorney can be revoked at any time, provided the revocation reaches the notary before the deed is signed.
• People living abroad face a few extra formalities (for example around a PESEL — the Polish national identification number — or the form required for a document drawn up outside Poland) — we outline these briefly below and cover them in more depth in a separate guide.

When you need representation before a Polish notary by proxy

Representation by proxy is useful not only when you're abroad — also when you have a scheduling clash, are undergoing medical treatment, are a co-owner or heir where not everyone can attend the same signing, are elderly or unable to travel to the notary's office, or where a company wants a proxy to act instead of a board member. In all these situations the mechanism is the same: the principal (you) grants a power of attorney in the required form, and the proxy signs the notarial deed on your behalf — with exactly the same legal effect as if you had signed it yourself.

Form required for a power of attorney relating to property

Under Polish civil law, the general rule is that the form of a power of attorney should match the form required for the underlying legal act. Because a property sale agreement must be concluded in the form of a notarial deed (akt notarialny) on pain of invalidity (Article 158 of the Civil Code), a power of attorney to conclude such an agreement must also take the form of a notarial deed.

In practice this means an ordinary written power of attorney — even one signed and sent by email — will not be accepted by a notary for signing a property sale or purchase agreement. It must be drawn up by a notary in Poland, or in an equivalent form if the principal is abroad (this scenario, involving a foreign notary or a consulate, is covered in more depth in our guide on granting a power of attorney from the UK for a matter in Poland). Failing to use the required form may mean the act carried out by the supposed proxy is treated as invalid or of no effect against the principal.

Scope of authority — what the power of attorney must cover

Before proceeding with a deed involving a proxy, the notary reads the power of attorney carefully and checks whether it covers the planned transaction. The scope of authority should therefore be drafted as precisely as possible. In practice, a notarial power of attorney for the sale or purchase of property typically includes: the principal's and proxy's details (full name, PESEL, address, ID document number); the type of act the proxy is authorised to carry out (e.g. "to conclude a sale agreement", "to acquire property"); a description of the property, where the power of attorney relates to a specific transaction (address, land and mortgage register number, plot number); the scope of any additional acts — for example whether the proxy may also sign the application for entry in the land and mortgage register (księga wieczysta — the Polish public register recording ownership and encumbrances), collect a copy of the deed, or handle payment; a time limit, if the principal wants to restrict the power of attorney's duration; and whether the proxy may appoint a substitute.

The broader the scope of a power of attorney, the less control the principal retains over exactly what gets agreed in the deed — so for a one-off transaction it is often better to use a special power of attorney limited to the specific property and act, rather than a general power of attorney covering a wide range of matters.

Buying and selling property without attending in person — how it works

Where a transaction is to involve a proxy, the notary's procedure runs, in simplified terms, as follows: the principal grants a notarial power of attorney; the proxy presents the original or a certified copy of that document to the notary drawing up the deed; the notary verifies the proxy's identity and checks that the content of the power of attorney covers the planned transaction and that the document raises no doubts as to form or validity. If everything checks out, the proxy signs the deed on the principal's behalf — with the deed recording that the party is acting through a proxy — and the legal effects of the agreement arise directly for the principal, exactly as if they had signed it themselves.

The notary may refuse to proceed if they have doubts about the validity, scope, authenticity, or currency of the power of attorney (for example, if there's no certainty it hasn't already been revoked). It is therefore worth sending the notary a draft or copy of the document for preliminary review well before the appointment.

Revoking a power of attorney and the principal's liability

A principal may revoke a power of attorney at any time. The revocation must reach the proxy — and ideally also the notary handling the transaction — before the deed is signed, preferably in a form that can be proven.

Because it is the principal who bears the legal consequences of an act carried out by the proxy, choosing who receives the power of attorney and defining the scope of authority precisely matter a great deal — especially for high-value transactions such as buying or selling property.

Representation before a Polish notary when the principal lives abroad

People living outside Poland — including Poles in the UK — most often ask whether a power of attorney can be arranged without travelling to Poland. That depends on how the document is prepared and whether the notary handling the specific transaction will accept it. In practice, two additional issues come up: PESEL — the notary will usually require a PESEL number for both the principal and the proxy, and people who have lived abroad long-term and don't have one should raise this with the notary in advance; and the form of a document drawn up abroad — a power of attorney prepared before a foreign notary may need additional formalities before a Polish notary will accept it. We cover this in more depth in our guide on granting a power of attorney from the UK for a matter in Poland.

Common mistakes with a power of attorney for notarial acts

1. Too broad a scope of authority — a power of attorney "for all matters" is often harder to get accepted than a precise power of attorney limited to one specific transaction.
2. A power of attorney in plain written form instead of notarial form — a notary will not accept it for signing a property sale or purchase agreement.
3. Out-of-date details (address, PESEL, ID document number), which can delay or prevent the transaction.
4. Not telling the notary in advance that one of the parties will be represented by a proxy — it's better to send a draft of the document for early review.
5. Forgetting to revoke the power of attorney when plans change.

Frequently asked questions

Is a plain power of attorney (not made before a notary) enough to buy a flat?

No. Since a property sale agreement must be made in the form of a notarial deed, the power of attorney to conclude it must also be in notarial form — a plain written power of attorney will not be accepted.

Can a proxy sign a notarial deed for me without my being present?

Yes, provided they hold a valid notarial power of attorney covering that specific act — the notary then records in the deed that the party is acting through a proxy, referring to the specific document.

Can I revoke a power of attorney if I change my mind about the transaction?

Yes. What matters is that notice of the revocation reaches the proxy — and ideally also the notary handling the transaction — before the deed is signed.

Will a notary always accept the power of attorney presented to them?

Not always — they may refuse if they have doubts about the form, content, scope, or currency of the document. It's worth sending a draft for review beforehand.

Need help with this?

If you're planning to buy or sell property in Poland through a proxy and want to get the paperwork in order first — tell us about your situation, we'll review it free of charge. Let us know whether the power of attorney already exists or is still being drafted, and which property and act it should cover. Submitting the form does not create any contract.

Related guides in this section:

• Power of Attorney from the UK for a Matter in Poland — Notary and Apostille, or the Consulate?
• What Must a Polish Property Purchase Deed Contain?
• Buying a Flat in Poland While Living in the UK — How to Do It Remotely
• Polish Property Law — All Guides