When a Polish counterparty offers a mortgage (hipoteka) as security, the first question is not whether the asset exists — it is what already encumbers it. The Land and Mortgage Register (Księga Wieczysta) is the authoritative source. It shows registered encumbrances in the order of their entry. What it does not show is equally important: unregistered claims, pending applications not yet processed, and enforcement proceedings at stages that precede a fresh entry.
- What the register shows
- Registered mortgages (hipoteki) by amount, currency, and creditor; easements; other encumbrances in Section IV. Source: Elektroniczne Księgi Wieczyste (EKW), ekw.ms.gov.pl · verified 2026-07-06
- Access condition
- The KW number is required. Without it, no search by address or owner name is possible through the public portal.
- Cost of public extract
- The online portal is free of charge. A certified paper extract carries a statutory fee set by the Ministry of Justice tariff.
- What it does not show
- Claims not yet registered, enforcement proceedings at pre-entry stages, and the debtor's broader financial position.
The collateral angle requires more than one source. The KW extract establishes the encumbrance picture. The National Insolvency Register (Rejestr Niewypłacalności, RN) and the National Court Register (Krajowy Rejestr Sądowy, KRS) establish whether the counterparty offering the security is itself solvent and in good standing. A mortgage offered by an insolvent entity is a different instrument than one offered by a solvent one. These registers are checked in parallel, not sequentially.
What the Land and Mortgage Register records — and in what order
Polish mortgage law operates on the principle of priority by date of entry. The first creditor registered in Section IV holds first-ranking security. A second mortgage entered later ranks behind the first. If the property is sold in enforcement, proceeds are distributed in entry order. A buyer or lender verifying collateral must therefore read the full Section IV, not only the most recent entry.
Section III of the KW records rights, claims, and restrictions that are not mortgages: easements, pre-emption rights, and certain enforcement notices. These reduce the effective value of the collateral. A property encumbered with a perpetual easement in favour of a utility company is worth less in a forced sale than a clean title.
| Section | Content | Collateral relevance |
|---|---|---|
| I-O | Property designation, area, intended use | Confirms the asset offered matches the register description |
| II | Ownership and perpetual usufruct | Confirms the counterparty has title to offer as security |
| III | Rights, claims, restrictions | Easements, pre-emption rights, enforcement notices |
| IV | Mortgages | Registered encumbrances by amount, currency, rank, and creditor |
The KW number problem — and why it matters for a foreign verifier
The public EKW portal at ekw.ms.gov.pl searches by KW number only. There is no search by address, cadastral parcel number, or owner name. A foreign buyer or lender who receives a property address but not the KW number cannot complete the search independently. Obtaining the KW number requires either the counterparty's disclosure or a cross-reference through the cadastre (ewidencja gruntów i budynków), which is held at the district level and has its own access conditions.
This is the first structural barrier for a foreign verifier. It is not a matter of language or registration. The portal is technically open. The identifier required to use it is not public by default.
The EKW portal is public and free of charge. What the report fee covers is the removed path: obtaining the KW number through the cadastre cross-reference, reading the Polish-language entries, identifying the encumbrance structure across all four sections, and cross-checking against the insolvency and court registers in the same workflow.
Insolvency and enforcement — what the KW does not capture
A mortgage entered in the KW shows the creditor and amount at the time of registration. It does not update automatically when the creditor assigns the claim, when the debt is partially repaid, or when enforcement proceedings begin. Enforcement proceedings in Poland are conducted by a court enforcement officer (komornik sądowy). An enforcement notice (wzmianka o wszczęciu egzekucji) may appear in Section III of the KW, but only after the komornik files it. Between the initiation of enforcement and that filing, the register is silent.
The National Insolvency Register (RN) records restructuring and insolvency proceedings against natural persons and legal entities. A search against the counterparty's name and PESEL or NIP number establishes whether a proceeding has been opened. A negative result means no proceeding appears in the register at the time of search. It does not mean no application has been filed.
| Source | What it establishes | What it does not establish |
|---|---|---|
| KW (EKW) | Registered mortgages, encumbrances, ownership | Pre-entry enforcement, unregistered claims, claim assignment |
| National Insolvency Register (RN) | Open restructuring and insolvency proceedings | Filed applications not yet processed by the court |
| National Court Register (KRS) | Corporate status, representation, share structure | UBO beyond first layer without CRBR cross-check |
| CRBR (beneficial owners register) | Reported beneficial owners to the extent disclosed | Accuracy of self-reported data; no independent verification by the register |
Where the sources disagree
The KRS records the share structure of a Polish company. The CRBR records its reported beneficial owners. These two records are maintained independently and are not automatically reconciled. Where a KRS Gesellschafterliste equivalent (lista wspólników) shows a shareholder holding above the 25% threshold but the CRBR entry names a different person as beneficial owner, the discrepancy is itself a finding. It does not resolve automatically in favour of either source.
Similarly, the KW may show a mortgage in favour of a named bank. That bank may have assigned the claim to a fund or special purpose vehicle. The KW entry does not update on assignment unless the new creditor applies for an entry change. The register and the current economic reality can diverge. Where divergence is identified, the report states it as a discrepancy rather than resolving it.
The limit of what the sources allow
The KW shows encumbrances registered at the time of search. It does not show the current outstanding balance of any mortgage — only the amount for which the mortgage was originally entered. A mortgage entered for PLN 5 million may secure a debt of PLN 500,000 or PLN 5 million at the time of verification. The register does not answer this question. The answer requires the creditor's confirmation or a separate contractual disclosure.
The RN shows proceedings that have been opened and entered. A creditor who filed an insolvency petition yesterday will not appear in the register until the court processes the application. The gap between filing and entry is a structural blind spot in every insolvency register in Poland and across the EU. A negative result is a snapshot, not a guarantee.
CRBR data is self-reported. The register does not independently verify the accuracy of beneficial owner disclosures. Where the reported beneficial owner is a natural person holding indirectly through multiple layers, the register reflects what was reported — not what due diligence would establish. The ceiling of what the sources allow is stated before payment, not after delivery.
What is included at each tier
| Tier | Price | Included | Not included |
|---|---|---|---|
| Signal | €290 | KW extract: all four sections reviewed; encumbrance schedule (Section IV) with rank, amount, currency, creditor; Section III restrictions noted; ownership confirmation (Section II); KW number obtained if not supplied | Insolvency register search; KRS corporate status; CRBR beneficial owner check; enforcement officer search; valuation or LTV analysis |
| Standard | €470 | Everything in Signal, plus: RN insolvency search against counterparty; KRS corporate status and representation check; summary of discrepancies between KW, KRS, and RN findings | CRBR beneficial owner layer; enforcement officer (komornik) search; tax arrears check; valuation or LTV analysis |
| Extended | €960 | Everything in Standard, plus: CRBR beneficial owner check; cross-check of KRS share structure against CRBR disclosures; enforcement officer search (komornik) for active proceedings; tax arrears check (ZUS, US) to the extent publicly accessible; full discrepancy matrix across all sources | Valuation or LTV analysis; legal qualification of findings; representation in proceedings; any source requiring counterparty cooperation |
All tiers are delivered as a written report in English. Delivery is by email to the address provided at the time of order. Turnaround is stated in the order confirmation.
Frequently asked questions
What if the counterparty does not supply the KW number?
The KW number is obtainable through the cadastre cross-reference (ewidencja gruntów i budynków) using the property address and cadastral parcel identifier. This step is included in all tiers. It adds time but does not block the search.
Does a clean KW mean the property is unencumbered?
A clean Section IV means no mortgage is registered at the time of search. It does not mean no enforcement proceeding is active. Section III must be checked for enforcement notices. The RN must be checked for insolvency proceedings against the owner. A clean KW is one input, not a conclusion.
Can the report establish the current outstanding debt secured by an existing mortgage?
No. The KW shows the amount for which the mortgage was entered. The current outstanding balance is not a public record. It requires the creditor's written confirmation. The report states the registered amount and flags this limitation explicitly.
Is the CRBR data reliable?
CRBR entries are self-reported by the obliged entity. The register does not independently verify the accuracy of disclosures. The Extended tier cross-checks the CRBR entry against the KRS share structure and states any discrepancy. The report does not resolve discrepancies — it identifies them.
What language is the report delivered in?
The report is delivered in English. Source extracts are in Polish; relevant passages are translated and summarised in the report body.
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.