A contract transferring ownership of a flat must be written. Under the Flat Ownership Act, it must include in particular a description of the flat and its appurtenances, the co-ownership share in the building’s common parts and facilities and the land, arrangements for land rights, and the acquirer’s declaration of accession to building management. Ownership is acquired only through constitutive registration in the Land Register.
What must a flat transfer contract contain?
A contract transferring ownership of a flat is governed by Act No. 182/1993 Z. z. on the Ownership of Flats and Non-Residential Premises. It must be in writing and, in addition to the general requirements, contain in particular (§ 5(1)):
- a description of the flat and its appurtenances and identification of its location (flat number, entrance number, floor area and fittings) — point a),
- the size of the co-ownership share in the building’s common parts and facilities, appurtenances and land (calculated as the ratio of the flat’s floor area to the total floor area of all flats and non-residential premises in the building) — points b) and c),
- arrangements for rights to the land beneath the building and the adjoining land — point d),
- the acquirer’s declaration of accession to the owners’ association agreement or the building management agreement — point f).
What differs on the first transfer from a developer?
On the first transfer of a flat, there is no obligation to attach the manager’s certificate confirming that there are no arrears relating to the flat (§ 5(2)). Conversely, layout plans of each floor identifying flats, non-residential premises, parking spaces and storage units must accompany the first contract, and the seller submits both the registration application and the documentation (§ 5(5)). The seller bears the costs of the transfer but may seek reimbursement of demonstrably paid administrative fees and notarial remuneration from the acquirer (§ 5(8)).
Ownership arises only on registration
Ownership of the flat and the corresponding shares in the common parts and land is acquired by constitutive registration in the Land Register (§ 5(4)), not by signing the contract. Escrow for the purchase price and a thorough check of the project’s legal position are therefore appropriate when buying from a developer.
We prepare sale documentation compliant with the Flat Ownership Act through flat sales in a development project and a flat purchase contract; we investigate the project’s legal position through property legal due diligence.
This answer provides general information on the law as at 10 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.
