Reservations, handover protocols and annexes signed remotely, the notarial deed at the notary

We say it plainly. Developer agreements and other contracts transferring ownership of real property require a notarial deed, and we do not compete with the notarial deed: it is done at a notary. We use SignSafe for preliminary and reservation agreements and accompanying documents, where a quick signature from a buyer who cannot always come to the office is what counts.

For a reservation agreement under the Developer Act, a handwritten signature is enough, and a SignSafe signature is a handwritten signature. Documentary form alone would not be enough. According to a legal opinion from Gałecki and Associates dated 21 August 2023, it meets written form (Art. 78 of the Civil Code). This summarises an opinion and is not legal advice; when in doubt, consult a lawyer. Where a qualified electronic signature is required, we can connect one in SignSafe.

We describe the documents below, and the general rules on the legal security page.

A buyer living abroad chooses a unit during an online call. Instead of waiting for a visit, they get a link to the reservation agreement and sign it on a phone in a minute. The sales office sees in the panel that the document is signed and blocks the unit in its own system.

You then set a date at the notary, where the developer agreement is concluded as a notarial deed. SignSafe takes no part in that, because we do not compete with the notarial deed.

At handover, the buyer walks through the unit with the developer’s representative, and the protocol with comments is completed and signed on a tablet. The finished PDF goes to the account, and the buyer gets their copy.

After handover an annex appears on a small change to the deadline for fixing defects. The buyer signs it on a phone, and the office has the full set in one place. Developers with their own sales system can automate sending through the API.

A large development generates many documents: besides buyers’ paperwork there are contracts with subcontractors and specialist trades. You send them in SignSafe to one or several people at once and see in your account who has signed and who has not. This shortens the time work waits for formalities and reduces the risk of delays.

Subcontractor contracts are a separate thread from buyers’ documents, so you can run them on separate templates and in separate contact groups. We describe similar uses for design and engineering firms. The scope of use depends on the type of document; if in doubt, consult a lawyer.