When a Polish counterparty offers a mortgage (hipoteka) as security, the collateral question has three components: what the land register shows, what already encumbers the property, and what that encumbrance position means for a new creditor. Each component has a defined source, a defined access condition, and a defined ceiling.
- What the source shows
- The Polish land and mortgage register (Księga Wieczysta) discloses the owner of record, the legal description of the property, existing mortgages with their amounts and creditor names, and any other encumbrances or restrictions. Source: Ministerstwo Sprawiedliwości — ekw.ms.gov.pl · verified 2026-07-08
- Access condition
- The register number (numer KW) is required to retrieve a specific entry. Without it, no search by address or owner name is available through the public portal.
- What the source does not show
- Pending registration applications, off-register encumbrances, tax liens not yet entered, and enforcement proceedings not yet reflected in the register are not visible in a current extract.
- Insolvency check
- The National Debt Register (Krajowy Rejestr Zadłużonych, KRZ) discloses insolvency and restructuring proceedings against individuals and entities. Source: krz.ms.gov.pl · verified 2026-07-08
What the land register discloses and how to read it
The Księga Wieczysta is organised in four divisions. Division I records the property description and associated rights. Division II records ownership. Division III records encumbrances other than mortgages — usufructs, easements, enforcement notices, and pre-emption rights. Division IV records mortgages: their amounts, currency, creditor identity, and priority order.
Priority in Polish mortgage law follows the date of registration, not the date of the underlying agreement. A mortgage registered later ranks behind one registered earlier, regardless of when the loan was made. A new creditor taking security on an already-encumbered property steps behind all previously registered mortgages.
The online portal at ekw.ms.gov.pl provides a current extract (odpis aktualny) for any register number. The extract reflects the register as of the moment of retrieval. It does not reflect applications submitted but not yet processed. The processing queue for registration applications is not visible to external users.
Encumbrances that the land register does not capture
The land register is authoritative for what it records. It is not a complete picture of all claims against the property. Several categories of encumbrance exist outside it.
Tax obligations of the owner that have not been enforced through a registered lien do not appear. Enforcement proceedings initiated but not yet notified to the register do not appear. Rights arising from inheritance proceedings not yet concluded do not appear. Matrimonial property regime claims, where the register records only one spouse, require a separate check of the owner's civil status.
The National Debt Register (KRZ) covers insolvency and restructuring proceedings. A search in KRZ against the owner's identity number (PESEL for individuals, NIP or KRS for entities) discloses whether any such proceeding is open. An open restructuring proceeding affects the owner's capacity to encumber assets. An open insolvency proceeding may render a new mortgage voidable.
The owner's identity and the entity check
Where the property is owned by a legal entity, the company register (Krajowy Rejestr Sądowy, KRS) discloses the entity's registered status, share structure, and representation rules. The person signing a mortgage agreement must have authority to bind the entity. The KRS entry shows who holds that authority and any limitations on it.
The KRS is publicly accessible at rejestr.io or directly at ekrs.ms.gov.pl. The entry shows the current board composition, registered capital, and any pending dissolution or transformation proceedings. A company under dissolution cannot validly encumber its assets in the ordinary course.
The registered pledge register
Movable assets and certain receivables may be secured by a registered pledge (zastaw rejestrowy). The Registered Pledge Register (Rejestr Zastawów) is held by district courts and accessible at zastawy.ms.gov.pl. Where the collateral package includes assets beyond real property — machinery, inventory, receivables — a separate search in this register is required. A land register extract does not cover registered pledges.
The limit of what the sources allow
The land register shows the state of registration at the moment of retrieval. It does not show the queue of pending applications. A mortgage application submitted the day before a search will not appear in the extract. The gap between submission and registration can span several weeks, depending on the court division's workload.
The KRZ covers proceedings that have been opened and recorded. A petition filed but not yet decided does not appear. An informal arrangement with creditors outside any formal proceeding does not appear. The absence of a KRZ record is not a clean-bill confirmation — it is a confirmation that no recorded proceeding exists as of the retrieval date.
The beneficial ownership register (Centralny Rejestr Beneficjentów Rzeczywistych, CRBR) records the declared ultimate beneficial owner of Polish legal entities. Access conditions and the reliability of self-declared entries require verification against other sources. The register reflects what the entity has declared; it does not independently verify the declaration.
Where the sources disagree
The land register may show an owner who no longer holds the property if a transfer has been agreed but not yet registered. The KRS may show a company in good standing while a dissolution petition is pending but not yet decided. The CRBR may show a beneficial owner whose shareholding has changed but whose update has not been filed. Where these sources conflict, the conflict itself is a finding — it identifies the question that requires resolution before security is taken.
What is included at each tier
| Tier | Price (EUR) | Included | Not included |
|---|---|---|---|
| Signal | €290 | Current land register extract (odpis aktualny KW) with all four divisions reviewed and summarised in English; identification of registered mortgages and their priority order; identification of Division III encumbrances; KRZ search against the registered owner; summary of findings in English with source citations and retrieval dates. | KRS entity check; Registered Pledge Register search; CRBR beneficial ownership review; analysis of pending registration queue; tax lien check; matrimonial property assessment; any valuation or appraisal. |
| Standard | €470 | All Signal deliverables; KRS entity check with representation authority review; Registered Pledge Register search against the owner entity; CRBR beneficial ownership summary; cross-source consistency check with conflicts identified; English-language report with per-source source badges and retrieval dates. | Tax authority searches; enforcement court file review; matrimonial property regime assessment; any valuation or appraisal; legal qualification of findings; advice on enforceability of proposed security. |
| Extended | €960 | All Standard deliverables; tax clearance status check where accessible; enforcement court notice search; matrimonial property regime flag (individual owners); historical KW extract comparison where prior entries are available; structured findings table mapping each source to each risk category; executive summary suitable for credit committee presentation. | Legal advice on enforceability; notarial act review; valuation or appraisal; any proceeding before a court or authority; representation; any deliverable requiring a professional opinion rather than factual compilation. |
Frequently asked questions
What is the numer KW and how is it obtained?
The numer KW is the unique identifier of a land register entry. It follows the format XXXX/NNNNNNNN/N, where the first segment is the court code. It appears in the property sale agreement, the mortgage deed, and notarial documents relating to the property. Without it, the public portal does not allow a search by address or owner name. Obtaining it from a counterparty who declines to provide it is itself a finding.
Does a clean land register extract mean the property is unencumbered?
No. A clean extract confirms that no encumbrance is registered as of the retrieval date. It does not confirm the absence of pending applications, tax claims not yet enforced through registration, or informal arrangements. The Standard and Extended tiers cross-check the land register against the KRZ, KRS, and Registered Pledge Register to narrow the gap between what is registered and what may exist.
How long does retrieval take?
The land register extract is retrieved immediately through the public portal. KRZ and KRS searches are similarly prompt. The elapsed time in the report process is document review, translation, and cross-source analysis — not the retrieval itself. Signal tier: typically three business days. Standard: four to five business days. Extended: six to eight business days, depending on the volume of historical entries.
Can the report be used as a legal opinion?
No. The report is a factual compilation from official registers. It identifies what the sources show, what they do not show, and where they conflict. It contains no legal qualification of the facts and no opinion on enforceability. Those questions fall to legal counsel instructed separately.
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.