Poland’s growing economy and central position in Europe make it an attractive destination for foreign investors and individuals looking to purchase real estate. However, buying property in Poland as a foreigner involves specific legal requirements and procedures. This guide provides detailed information to help you understand the process of acquiring real estate in Poland.
Who Is Considered a Foreigner Under Polish Law?
Under Polish law, a foreigner is defined as:
- Individuals – a person who does not hold Polish citizenship
- Legal Entities – companies or organizations with their registered office outside Poland
- Foreign Partnerships – partnerships without legal personality but with legal capacity, established abroad according to foreign laws
- Controlled entities in Poland – legal entities or partnerships based in Poland but controlled directly or indirectly by foreign individuals or entities mentioned above.
What Constitutes Acquisition of Real Estate?
Acquisition includes obtaining ownership or perpetual usufruct rights to real estate through any legal event, such as:
- Purchase Agreements – sales, exchanges, or donations
- Legal Decisions – administrative decisions or court judgments
- Inheritance – acquisition through wills or statutory inheritance
- Transformation of rights – conversion of cooperative rights into ownership rights.
Acquiring a share in a property or entering into co-ownership (including marital joint property) is also considered an acquisition.
Do You Need a Permit to Purchase Property?
In general, foreigners need a permit from the Minister of the Interior and Administration to acquire real estate in Poland. This permit is an administrative decision granting consent for the transaction.
Exceptions: When a Permit Is Not Required
You do not need a permit in the following cases:
- Citizens and Entrepreneurs from the EEA and Switzerland
- If you are a citizen or an entrepreneur from the European Economic Area (EEA) (which includes EU countries, Norway, Iceland, and Liechtenstein) or Switzerland, you can purchase property in Poland without a permit
- Acquisition of Certain Types of Property:
- Residential apartments – Buying a standalone residential unit
- Garage spaces – acquiring a garage or a share in a garage, if it serves your residential needs.
- Long-Term Residents:
- Five-Year Residency – foreigners who have lived in Poland for at least five years after obtaining a permanent residence permit or long-term EU resident status
- Spouses of Polish Citizens – foreigners married to Polish citizens, living in Poland for at least two years after obtaining a permanent residence permit or long-term EU resident status, acquiring property that will become part of marital joint property.
- Close Relatives:
- Acquiring property from a person to whom you are entitled to inherit by law (statutory inheritance), provided the seller has owned or held perpetual usufruct of the property for at least five years.
- Special Entities:
- Certain banks acquire property through debt recovery processes.
Important Notes:
- Border zones and agricultural land -the above exemptions do not apply if the property is located in a border zone or is agricultural land exceeding 1 hectare.
- Inheritance – generally, you do not need a permit to inherit property if you are a statutory heir. However, if you inherit through a will and are not a statutory heir, a permit is required.
Conditions for Obtaining a Permit
To be granted a permit, the following conditions must be met:
- No Threat to National Interests
- The acquisition must not pose a threat to defense, state security, public order, or public health.
- Proof of Ties to Poland
- You must demonstrate circumstances confirming your connection with Poland. These can include:
- Polish origin or nationality – possessing Polish roots or heritage
- Marriage to a Polish citizen – being legally married to a Polish national
- Residence permits – holding a valid temporary residence permit (excluding certain types), permanent residence permit, or long-term EU resident status
- Economic activities – conducting business or agricultural activities in Poland in accordance with Polish law
- Corporate involvement – being a member of the management board of a company based in Poland and controlled by foreigners.
- You must demonstrate circumstances confirming your connection with Poland. These can include:
Special Considerations
- Property Size Limits
- Personal Use:
- Properties for personal residential use should not exceed 0.5 hectares
- Business Use:
- The property’s size should correspond to the actual needs of your business or agricultural activities.
- Personal Use:
Agricultural Land and Border Zones
- Acquiring agricultural land over 1 hectare or properties in border zones may have stricter regulations and may require additional approvals or conditions.
Key Points
- Start Early
- Begin the application process well in advance of any contractual deadlines
- Complete Documentation
- Ensure all required documents are complete and accurately translated to avoid delays
- Stay Informed
- Laws and regulations may change; keep updated on any legislative changes that may affect your application
- Consult Authorities
- For any uncertainties, consult directly with the Ministry of the Interior and Administration or legal experts.
Legal Assistance
Purchasing real estate in Poland as a foreigner involves adhering to specific legal requirements designed to balance national interests with foreign investment opportunities. By understanding the obligations and preparing thoroughly, you can successfully acquire property in Poland.
Contact Adwisen for expert guidance through every step of the process.
