A lender or buyer taking security over a Polish asset faces a layered system of registers. Each register answers a specific question. No single search covers all encumbrances. The checklist below maps the statutory sources, what each one shows, and where the chain of verification stops.
- What the land register shows
- Ownership, mortgages, easements, and other rights entered in the Księga Wieczysta. Source: Ministerstwo Sprawiedliwości — ekw.ms.gov.pl · verified 29.06.2026
- What the pledge register shows
- Registered pledges over movables and certain rights, with priority ranking. Source: Ministerstwo Sprawiedliwości — rejestrzastawow.ms.gov.pl · verified 29.06.2026
- Condition of access
- Both registers are searchable by the public without registration. The land register requires the property's KW number or address; the pledge register requires the debtor's identifier.
- What neither register shows
- Unregistered contractual security, fiscal liens not yet entered, and enforcement measures ordered but not yet notated.
Why the angle matters: collateral, not ownership
Ownership and collateral are different questions. A title search establishes who holds the asset. A collateral search establishes what already encumbers it and in what priority order. Both questions must be answered before security is taken. The sources that answer them are not the same.
Polish law recognises several distinct security instruments: mortgage (hipoteka), registered pledge (zastaw rejestrowy), ordinary pledge (zastaw zwykły), and fiscal security measures. Each instrument is recorded — if recorded at all — in a different register. A search confined to one register produces an incomplete picture.
The land register: mortgages and encumbrances on real property
The Księga Wieczysta is the primary source for real property. It is divided into four sections. Section IV records mortgages, their amounts, currencies, and creditor identities. Section III records other encumbrances: easements, rights of use, claims, and enforcement annotations.
Access is electronic through ekw.ms.gov.pl. A search requires the KW number. If the KW number is unknown, it can be derived from the land and buildings register (ewidencja gruntów i budynków) maintained by the relevant starost. The land register is public. The fee for a certified extract is set by the Ministry of Justice tariff and payable at point of order.
A mortgage entered in the land register takes priority over an unregistered claim. Priority between competing mortgages follows the order of entry, not the order of the underlying agreements. A buyer or lender who does not check the register before completion takes the asset subject to all registered encumbrances.
The pledge register: security over movables and rights
Registered pledges over movables, receivables, and certain other rights are recorded in the Rejestr Zastawów maintained by the Ministry of Justice. The register is searchable by debtor name, PESEL (individual), or NIP/REGON (entity). A search by asset description alone is not available.
A registered pledge grants the pledgee priority over unsecured creditors and over later-registered pledges. The register shows the pledged asset, the secured amount, the pledgee's identity, and the registration date. It does not show whether the underlying obligation has been discharged unless a deletion has been entered.
An ordinary pledge (zastaw zwykły) does not appear in this register. It is created by agreement and possession. Its existence must be established through due diligence on the debtor's contracts, not through a register search.
Fiscal and customs security: the gap in the register chain
The tax authority and customs authority may secure claims by way of a fiscal mortgage (hipoteka przymusowa) entered in the land register or a fiscal pledge (zastaw skarbowy) entered in the register of fiscal pledges maintained by the Head of the National Revenue Administration. These are separate registers.
The register of fiscal pledges is searchable at pfr.mf.gov.pl. A search requires the debtor's NIP. The register shows pledges established by administrative decision. It does not show pending tax proceedings that have not yet resulted in a pledge decision.
A fiscal mortgage entered in the land register appears in Section III or IV of the KW, depending on its nature. A land register search will capture it. A fiscal pledge recorded only in the fiscal pledge register will not appear in the Rejestr Zastawów. Both searches are therefore necessary for a complete picture of fiscal encumbrances.
Insolvency and restructuring status
The National Debt Register (Krajowy Rejestr Zadłużonych, KRZ) at krz.ms.gov.pl records insolvency proceedings, restructuring proceedings, and consumer insolvency cases. A debtor in restructuring or insolvency cannot freely dispose of assets or create new security without court or administrator approval. Security taken in breach of those restrictions is vulnerable to challenge.
A negative result in the KRZ does not exclude a filed application that has not yet been registered. The gap between filing and registration is a known limitation of the register. For high-value transactions, a direct inquiry to the competent court supplements the register search.
Corporate register: authority to grant security
The National Court Register (Krajowy Rejestr Sądowy, KRS) at rejestr.io or ekrs.ms.gov.pl shows the registered representation rules for legal entities. A mortgage or pledge granted by a person lacking authority to bind the entity may be invalid. The KRS also shows whether the entity's articles impose restrictions on asset disposal or security creation.
The KRS is free to search. It shows the current text of articles of association and the current list of persons authorised to represent the entity. Historical versions of both documents are available in the document repository.
Where the sources disagree
The land register and the fiscal pledge register are updated independently. A creditor may hold a registered pledge and a fiscal pledge over the same asset. The priority between them is determined by the date of entry in each respective register, not by a unified ranking. Cross-referencing both registers is the only way to establish the full priority stack.
The KRS may show an entity as active while the KRZ shows an open restructuring proceeding. Both states can coexist during the early stages of restructuring. A discrepancy between the two registers is itself a material finding, not a data error to be disregarded.
Verification sequence: a procedural map
| Step | Register | What it establishes | Access point | Known gap |
|---|---|---|---|---|
| 1 | Księga Wieczysta | Title, mortgages, easements, enforcement annotations | ekw.ms.gov.pl | Requires KW number; unregistered rights not shown |
| 2 | Rejestr Zastawów | Registered pledges over movables and rights | rejestrzastawow.ms.gov.pl | Ordinary pledges not recorded here |
| 3 | Rejestr Zastawów Skarbowych | Fiscal pledges by administrative decision | pfr.mf.gov.pl | Pending proceedings not shown |
| 4 | Krajowy Rejestr Zadłużonych | Insolvency and restructuring proceedings | krz.ms.gov.pl | Filed but unregistered applications not shown |
| 5 | Krajowy Rejestr Sądowy | Authority to grant security; restrictions in articles | ekrs.ms.gov.pl | Does not show beneficial ownership chain |
| 6 | Ewidencja gruntów i budynków | Land parcel data; basis for KW identification | Starost office or geoportal.gov.pl | Not a title register; does not show encumbrances |
The limit of what the sources allow
All six registers together do not produce a complete encumbrance picture. Ordinary pledges created by agreement and possession leave no register trace. Contractual restrictions on disposal — negative pledge clauses in loan agreements — are not publicly recorded. Tax proceedings that have not yet produced a formal security decision are invisible to register searches.
The beneficial ownership register (CRBR) shows the ultimate beneficial owner of the entity granting security. It does not show the ownership structure of the asset itself. Following the CJEU judgment in C-37/20, public access to UBO registers across the EU has been restricted by default. The current access conditions for CRBR should be verified with a local adviser before relying on it.
The ceiling of what the sources allow is stated before payment. A register search establishes what is recorded. It does not establish what is not recorded. That distinction is the starting point for any collateral assessment, not its conclusion.
Frequently asked questions
Does a clear land register mean the property is unencumbered?
A clear Section IV of the Księga Wieczysta means no mortgage is currently entered. It does not confirm the absence of fiscal pledges recorded in the separate fiscal pledge register, ordinary pledges held by possession, or pending enforcement measures not yet annotated in the KW.
Which identifier is needed to search the pledge register?
The Rejestr Zastawów is searchable by the debtor's PESEL (for individuals) or NIP or REGON (for entities). An asset description alone does not return results. The debtor's identifier must be established before the search can be run.
How is priority between a registered pledge and a fiscal pledge determined?
Priority is determined by the date of entry in the respective register, not by the type of pledge or the date of the underlying obligation. A fiscal pledge entered before a registered pledge ranks ahead of it. Cross-referencing both registers and comparing entry dates is the only way to establish the priority order.
What does insolvency status mean for security already granted?
Security granted during certain periods before insolvency may be subject to avoidance under Polish insolvency law. The KRZ shows open proceedings. It does not show the timeline of pre-insolvency transactions. Establishing that timeline requires review of the debtor's transaction history, not a register search alone.
Can a foreign buyer search these registers without a Polish identifier?
The land register and the KRS are fully searchable without any user identifier. The pledge register and the fiscal pledge register require the debtor's Polish identifier as the search key. A foreign buyer who does not hold that identifier cannot run the search directly. The identifier must be obtained from the entity or derived from the KRS before the search is possible.
Disclaimer: This report is a factual compilation from official registers and public sources. It is provided for informational purposes only, does not constitute legal advice, and contains no legal qualification of the facts established. KORDECKI & Partners assumes no liability for actions taken or not taken based on this material. For advice regarding your particular situation, please contact info@kordeckipartners.com.