What are the documents required to sell the property?

22/06/2023

Obtaining the necessary documents for the sale of the property can become a time-consuming and long process, so it is worth starting to collect them in time, even before posting the real estate ad. It is important that everything is in order: a truly interested buyer will ask for these documents, their existence is often a prerequisite for concluding a reservation or a letter of intent to purchase.

According to my experience, the number of successful agreements increases if we confidently and preparedly wait for potential buyers, we can provide ready-made information even during the first telephone conversation - and if they ask, we can assure the buyers that we have the necessary papers.

Let's take a look at what kind of documents, documents and data are required to conclude the sales contract.

List of documents and documents required for the sale of the property

Identity documents:

ID card
Address card
Tax card

The documents containing the property specification:

Floor plan
Property sheet
Founding document, SZMSZ
Settlement plan
Energy certificate

Proofs of burdens and debts:

Proof of encumbrance on real estate
Proof of credit

Contributing documents:

Beneficiary's consent
Owner consent, authorization
Guardianship consent

Other things that may be useful:

Invoices on the amount of expected overheads

Personal documents

The sales contract contains the personal data of the seller and the buyer (identity card number, mother's name, place and time of birth, tax number), so it is important that we have these documents, both from the seller's and the buyer's side. It is also recommended to check the validity of the documents before concluding the contract!

Property sheet

The property sheet consists of three parts, each of which contains different data.

The first part of the property sheet contains basic data that can be quantified, such as:

property address,
Parcel Number,
area (in m2)
cultivation branch (arable field, garden, fish pond, etc.) or area removed from cultivation (residential property, garage)

The second part contains proprietary information such as:

owner(s) data,
ownership,
title of ownership (inheritance, sale and purchase)

And the last part contains the registered rights and additional data, such as:

right of first refusal,
right of usufruct,
liquidation, execution and mortgage (i.e. encumbrances and claims)
ownership and construction restrictions.

Floor plan

It is not a prerequisite for buying and selling, but its existence is just as important as the title deed. The point is to draw up a scaled floor plan of the property, which shows the distribution of the apartment, the number of rooms, and how it is furnished.

The floor plan is more important to the buyer:

due to the valuation,
due to the assessment of conversion possibilities,
and it is also needed for the loan application.
In addition, this way you can better imagine what the property could be like.

Founding document, SZMSZ

The founding document and the operating regulations also provide assurance to the buyer. In the case of newly built houses, the founding deed usually mentions the right of exclusive use, i.e. whether the parking space belonging to the apartment building can really only be used by the owner of the given apartment, or whether it is just an old, verbal agreement.

The founding deed determines which areas belong to the apartment (e.g. storage, garage, carport), and also includes whether there is a right of first refusal on the apartment.

The SZMSZ also informs you of how much the common costs are, how often cleaning is done, what the common rooms are and what the rules are for living together (e.g. keeping quiet after 10 p.m.).

Settlement plan

The town planning plan provides information for future expansion: what regulations apply to the plot? Where can you build and where not?

Energy certificate

The energy certificate is mandatory when selling real estate, it is definitely worth having it prepared in advance. The certificate declares the house's energy management and answers questions such as:

the quality of the windows,
the material, thickness, insulating capacity of the walls,
and heating system specifications.

On the basis of the energy certificate, the overheads can be calculated (if the seller does not prove it with invoices), as well as the renovation costs.

Contributions

In order for the buyer to be able to purchase the property, waivers are required in many cases. The waiver can also be about ownership or right of pre-emption. It is worth getting all waivers that you can - and those that can only be obtained later (such as the waiver of usufructuary rights), and find out well in advance about the process and how much time it will take to process them.

It is also important that if the owner is a minor, the consent of the guardian's office is required in order to be able to sell the property.

Debts and encumbrances

The bank must issue a certificate of the loans charged to the property and its settlement. It must also be verified if a house is in foreclosure.

Overhead cost

In order to verify the expected overhead costs, it is usually sufficient to present only the invoices of the past months. It is important to be able to show at least one or two examples from the invoices of each season, so that the customer can see what maintenance costs he can expect in certain months.

Issuers of documents required for transcription, their acquisition

The title deed can be obtained from the land registry.
The founding deed can be requested from the joint representative.
The energy certificate is issued by a specialist.
A floor plan can be prepared either by a real estate office or an architectural office, but the joint representative can also provide it in the case of condominiums.
To obtain a town planning plan, visit the construction authority of your local municipality.
The consents can be confirmed by a waiver from the holder of the given right, certified by a lawyer or a notary public.

Authorization to sell real estate: what is required?

If the owner cannot act in the sale of the property, then the owner's consent is required for the sale, which can also be certified by a lawyer or a notary, in the case of an individual.

If you entrust the sale of the property to a real estate agent, an assignment contract with two witnesses is sufficient.

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