Massive Notary Fee Hikes Proposed: Wills and Real Estate Transactions to Cost Significantly More

The Ministry of Justice has unveiled a proposal to significantly increase maximum notary fees, potentially quadrupling costs for essential legal services such as wills, powers of attorney, and real estate transactions.

Proposed Changes to Notarial Fees

The Ministry of Justice has drafted a regulation to update maximum notarial fee rates that have remained stagnant for many years. The adjustments will affect a broad range of services, including wills, powers of attorney, inheritance certifications, and various real estate transactions.

The primary objective of the proposal is to index the maximum caps for the most frequently performed notarial acts, reflecting current economic conditions.

Higher Costs for Wills and Powers of Attorney

Under the new proposal, the maximum fee for drafting a will is set to increase to 200 PLN, up from the current 50 PLN. Similar increases are planned for powers of attorney and inheritance-related documents.

New Charges for Real Estate and Land Records

For high-value real estate transactions exceeding 5 million PLN, a new fee structure will be introduced, reaching 14,270 PLN plus 0.15% of the excess amount. The maximum notary remuneration limit for these cases will rise to 25,000 PLN, or 15,000 PLN for first-degree tax group transactions.

Additionally, a new maximum fee of 300 PLN will be introduced for the preparation and electronic submission of applications to the Land and Mortgage Register.

Increases for Copies and Certifications

The regulation revises the maximum rates for copies and extracts of notarial acts, currently set at 6 PLN per page. Furthermore, the maximum fee for verifying a signature on documents will triple, rising to 60 PLN.

Additional Fees and Regulatory Clarity

Fees for services performed outside the notary office will increase as well. To improve system transparency, the ministry is introducing a flat maximum fee of 400 PLN for any services not specifically listed in the current regulation.

Negotiated Fees vs. Maximum Limits

The proposed legislation only sets maximum limits for notarial fees; it does not mandate higher prices. The final remuneration for any service remains a matter of negotiation between the notary and the client, provided it stays within the new statutory ceilings.

Legislative Status and Implementation

The proposal currently affects 3,501 notarial offices and over 4,200 notaries across the country. It is undergoing public consultation and, if approved, will come into effect 14 days after its official publication.