Electronic signatures in real estate documents in Poland

Generally, all documents for which no other speci c form is required by law can use an electronic signature. This includes:

• Non-disclosure agreements;
• Side letters;
• Leases or tenancy agreements for less than one year; and
• Leases or tenancy agreements for more than one year which are concluded in writing or electronic form. 

The following documents must be a notarial deed and therefore cannot be signed electronically:

• Sale contracts obliging the transfer of ownership; and
• Substantive legal documents granting the right for entry in the land and mortgage register.

In addition, the following documents cannot be signed electronically:

• Easements;
• Pledges;
• Mortgages; and
• Any documents creating an usufruct, pledge or cooperative ownership right to premises

Every citizen can use the "ePUAP", platform which is a free method of electronically con rming the identity of Polish citizens in electronic administration systems.

Non-Polish individuals who do not have a PESEL number (Polish personal identi cation number) required to use the ePUAP have to use a paid "qualified electronic signature".

There are no other requirements for electronic signatures provided that such a document can be executed electronically.

No.

Possibly, if the document has to be treated as executed in a foreign jurisdiction. If the place of signature or the location of the document has particular legal consequences, it may be better to have a physical signing.