Permission to Acquire Real Estate in Poland

Foreigners from outside the European Economic Area or Switzerland who wish to acquire real estate in Poland must obtain a permit. If such a permit is not obtained, the acquisition of the real estate is invalid and this means the acquirer (foreigner), does not become the owner of the real estate. For the acquisition to be effective, the permit must be presented to the public notary when signing the real estate purchase contract.

Exceptions from the obligation to obtain a permit

The law indicates that a permit is not required for:
– acquisition of an independent residential premises (a flat);

-acquisition of individual business premises with a garage designation or a share in such premises if this is connected with satisfying the housing needs of the acquirer or the owner of immovable property or an individual living accommodation;

– a foreigner residing in Poland for at least 5 years after obtaining a permanent residence permit or a residence permit for a long-term EU resident;

– acquisition by a foreigner who is the spouse of a Polish citizen and has lived in Poland for at least two years since the granting of his/her permanent residence permit or a long term resident of the European Union’s stay permit, if they acquire the real estate jointly (co-ownership);- acquisition of real estate by a foreigner, if he/she will inherit from the vendor (seller) and the vendor (seller) has owned the real estate for at least 5 years;

A permit is not required for acquisition of real estate by inheritance by persons entitled to statutory inheritance (pursuant to the Civil Code).

However, if a foreigner inherits the property on the basis of a will, he/she should obtain the permission within 2 years from the opening of the inheritance.

What kind of real estate can a foreigner buy
A foreigner can acquire real estate in order to satisfy his/her living needs with an area not exceeding 0.5 hectare.

A foreigner can also acquire an agricultural property as well as for the purpose of carrying out business activities.

Application for a permit

The application for a permit shall be submitted to the Minister of Internal Affairs and Administration.

The application should include:

– designation of the applicant and his legal status;
– designation of the real estate being acquired
– designation of the transferor;
– designation of the legal status of the acquisition of the real estate;
– information about the purpose and possibility to acquire the real estate.

The application shall be accompanied by documents confirming the circumstances indicated in the application and the circumstances confirming a foreigner’s links with Poland.

If you have any questions, please do not hesitate to contact me:

tel. +48 504647158