Legalisation and apostille certification are procedures that verify the authenticity of documents issued in Poland, enabling them to be recognised abroad. They are essential for various international matters, such as the purchase of property.

Documents that are typically subject to this procedure include, amongst others:

articles of association,

extracts from the Commercial Register (KRS),

inheritance or gift deeds,

court judgments,

separation of property documents

To purchase a property in Spain and take possession of it, you must submit the documents required by law to Spanish banks, notaries and official bodies.

These may be documents relating to the certification of authenticity. Spanish institutions, notaries, banks and public offices require various documents to be legalised, provided with an apostille and, at the same time, translated into Spanish by a sworn translator during the process of purchasing a property in Spain.

The most common requirement when buying a property in Spain is the legalisation, apostille and translation into Spanish of the separation of property agreement.

Separation of property is relevant in cases where only one spouse wishes to purchase a property in Spain, for example on the Costa Blanca, due to reasons such as divorce, separation or tax issues.

If you do not have a separation of property agreement, this is drawn up in the presence of a Polish notary. Each document of this type bears the relevant signature and is retained in accordance with Polish law.

If you already have a separation of property agreement, you must complete the following procedures to purchase a property in Spain:

Legalisation

 The document is legalised at the competent district court or at the Ministry of Foreign Affairs.

https://www.gov.pl/web/dyplomacja/legalizacja

Legalisation, i.e. verification of authenticity, is carried out by the president of the District Court and, in most cases, takes place in the major cities: Gdańsk, Warsaw, Olsztyn and Kraków, i.e. according to the provincial seat. Generally, this procedure can be completed immediately and takes no more than 30 to 60 minutes. It is important to pay the legalisation fee for each document. This can be paid at the court cash desk or by bank transfer.

The legalisation of documents is the first step towards obtaining an apostille for each of them.

An example of a document following legalisation at the Regional Court in Gdańsk may look as follows:

The apostille for the document can be processed in person, through a third party, or by post. On the Ministry of Foreign Affairs website, you will find a link to book an appointment to process the apostille for the document

You can book an appointment here

https://legalizacja.msz.gov.pl/

You will find further information on the website below.

https://www.gov.pl/web/dyplomacja/apostille

Everything is clearly explained on the Ministry of Foreign Affairs’ website

https://legalizacja.msz.gov.pl/Informacyjne/Placowka.aspx?IDPlacowki=216

An extract bearing an apostille issued by the Ministry of Foreign Affairs in Warsaw may look as follows:

The legalisation and apostille procedures do not pose any major difficulties, but they do require proper planning and acting in advance. If you wish to carry out the aforementioned procedures by post, you should bear in mind that it will take approximately one month to complete all the formalities and receive the documents back by post. Acting well in advance and in a planned manner makes buying a property in Spain easier and less stressful.

The best option, of course, is to have a trusted person handle this apostille application for you at the Ministry of Foreign Affairs, or to use the services of companies offering this type of service online. We have used the post and, on other occasions, have also relied on a trusted contact in Warsaw.

If you act in consultation with us in a planned and considered manner, you will save a great deal of time and stress when becoming new homeowners in Spain.
Buying on both the secondary and primary markets in Spain is therefore much simpler.