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Purchasing real estate by foreigners in Poland: A comprehensive guide

Welcome to our blog! Acquiring real estate in Poland as a foreigner can be a challenge, but don’t worry – we’re here to help you. Our guide provides all the necessary information regarding this process, so you can gain a comprehensive understanding of purchasing real estate in Poland. In the following sections of the article, we will discuss basic information, purchase procedures, required permits, the possibility of exemption from the permit requirement, and specific requirements for acquiring real estate in border areas. Be ready to turn your plans into reality!

zakup nieruchomości przez cudzoziemca w polsce

Purchase of real estate by foreignersin Poland is a topic that may seem complicated, but thanks to this guide you will learn all the necessary information that will help you in the purchasing process. In the following sections of the article, we will discuss basic information regarding the purchase of real estate by foreigners, the process and requirements related to the purchase, permits for the purchase of real estate, exemptions from the obligation to obtain a permit and specific requirements for purchasing real estate in the border zone.

Basic information about purchasing real estate by foreigners

Purchase of real estate by foreignersin Poland is regulated by law that determines who can purchase real estate and what the conditions and restrictions related to this process are. In this section, we will discuss the definition of a foreigner in the context of purchasing real estate, the types of real estate that foreigners can purchase, and compare the rights of EU and EEA foreigners with the rights of Poles.

Who is considered a foreigner in the context of purchasing real estate?

In the context of purchasing real estate by a foreigner, a foreigner is a natural person or an organizational unit. A foreigner within the meaning of the Act is: a natural person who does not have Polish citizenship, a legal person based abroad, a company without legal personality based abroad, as well as an organizational unit based in the territory of the Republic of Poland, which is controlled by the above-mentioned entities. Foreigners are divided into different categories, such as: citizens of Member States of the European Union (EU), the European Economic Area (EEA) and citizens of countries outside the EU and EEA. Each of these categories may be subject to different regulations regarding the purchase of real estate in Poland.

What real estate can foreigners buy in Poland?

Purchasing real estate by foreigners in Polandmay include various types of real estate, such as apartments, houses, building plots or land. However, depending on the category of foreigner and the type of property, various restrictions and exceptions may apply. For example, non-EU and EEA foreigners may need a permit to purchase real estate, while EU and EEA nationals, in most cases, do not need to obtain such a permit.

Do foreigners from the EU and EEA have the same rights to purchase real estate as Poles?

When real estate is purchased by foreigners from the EU and EEA, their rights are usually similar to those of Poles. This means that EU and EEA citizens can purchase real estate in Poland without the need to obtain a permit, just like Polish citizens. However, there are certain exceptions and restrictions, for example in the case of properties located in the border zone or agricultural properties larger than 1 ha. In such situations, even EU and EEA citizens are required to obtain a permit to purchase real estate.

Purchase of real estate by a foreigner: Process and requirements

Purchase of real estate by a foreigner in Polandinvolves the need to meet certain requirements and follow procedures. In this section, we will discuss the documents needed to purchase real estate by a foreigner, the procedure for obtaining a permit, and a step-by-step guide to the real estate purchase process.

What documents are needed to purchase real estate by a foreigner?

If a foreigner purchases real estate in Poland and consequently applies for a permit to purchase real estate, the following documents are required:

  • Application by a foreigner for a permit to purchase real estate
  • A copy of the preliminary agreement regarding the purchase of real estate
  • Documents confirming the identity of the foreigner (e.g. passport)
  • Documents confirming the source of financing for the purchase of real estate
  • In the case of legal persons: a current excerpt from the relevant register
  • In the case of agricultural real estate: documents confirming agricultural qualifications
  • Documents confirming the foreigner’s ties with Poland (e.g. temporary residence permit)
  • Documents specifying the property and its legal status (e.g. excerpt from the appropriate register)
  • Documents of the property owner along with a declaration of intent to sell the property
  • Stamp duty

What is the procedure for obtaining a permit to purchase real estate?

Procedure for obtaining a permitfor the purchase of real estate by a foreigner includes the following steps:

  1. Submitting an application for a permit along with the required documents
  2. Consideration of the application by the Minister of Interior and Administration
  3. Opinion on the application by the Minister of National Defense
  4. Issuing a decision to grant or refuse a permit
  5. In the event of a positive decision, conclusion of a notarial agreement regarding the purchase of real estate
  6. Notification of the purchase of real estate to the appropriate tax office
  7. Payment of tax on civil law transactions
  8. Entry in the land and mortgage register
  9. Transfer of real estate to the buyer

Purchasing real estate by a foreigner in 8 steps

The process of purchasing real estate by a foreigner can be presented in the form of 8 steps:

  1. Selecting a property and agreeing the terms of purchase with its owner
  2. Concluding a preliminary agreement with the property owner
  3. Submitting an application for a real estate purchase permit (if required)
  4. Waiting for the decision on the permit
  5. Concluding a notarial agreement transferring ownership after obtaining permission
  6. Reporting the purchase of real estate to the tax office and paying the tax
  7. Entry in the land and mortgage register
  8. Transfer of real estate to the buyer

It is worth noting that in the case of EU and EEA citizens, the process of purchasing real estate may be simplified, as they usually do not need to obtain a permit to purchase real estate in Poland.

Permission to purchase real estate by foreigners

In Poland, permission to purchase real estate by foreigners is required in certain situations. In this section, we will discuss situations in which a permit is required, what conditions a foreigner must meet to obtain a permit, and what are the consequences of purchasing real estate contrary to the regulations.

When is a permit to purchase real estate required?

Permit requirementthe purchase of real estate by a foreigner depends on several factors, such as the type of real estate, the citizenship of the buyer and the purpose of the purchase. A permit is required in cases where:

  • a foreigner from outside the EU and EEA purchases real estate in Poland,
  • a foreigner purchases agricultural or forest real estate, regardless of citizenship,
  • a foreigner purchases real estate in the border zone.

It is worth noting that EU and EEA citizens usually do not need to obtain a permit to purchase real estate in Poland, with the exception of agricultural and forest real estate and real estate purchased in the border zone.

What conditions must a foreigner meet to obtain a permit to purchase real estate?

Conditions for issuing a permiton the purchase of real estate by a foreigner depend on individual circumstances. Generally speaking, a foreign national must meet the following conditions:

  • prove that the purchase of the real estate serves to achieve goals related to running a business or residing in Poland,
  • provide documents confirming the source of financing for the purchase of real estate,
  • present documents confirming identity and, in the case of legal persons, a current excerpt from the relevant register,
  • present documents confirming the foreigner’s ties with Poland;
  • in the case of agricultural real estate, present documents confirming agricultural qualifications.

What are the consequences of purchasing real estate contrary to the regulations?

Acquisition of real estate contrary to regulations, in accordance with Art. 6(1) of the Act of March 24, 1920 on the purchase of real estate by foreigners, the purchase of real estate without previously obtained permission is invalid.

In connection with the above, foreigners are advised to carefully check the requirements for permission to purchase real estate in Poland and comply with applicable regulations to avoid unpleasant consequences.

Exemptions from the obligation to obtain a permit to purchase real estate

In some cases, exemptions from the obligation to obtain a permit for the purchase of real estate by foreigners are possible. In this section, we will discuss situations in which obtaining a permit is not required and what exemptions are provided for in the Act on the Acquisition of Real Estate by Foreigners.

When is obtaining a permit not required?

Need to obtain a permitthe purchase of real estate by a foreigner depends on several factors, such as the citizenship of the buyer, the type of real estate and the purpose of the purchase. Obtaining a permit is not required, among others, when:

  • the foreigner is a citizen of a Member State of the European Union or the European Economic Area,
  • a foreigner purchases real estate together with a spouse who is a Polish citizen,
  • a foreigner acquires real estate by way of statutory inheritance from a person who is a Polish citizen.

What are the exemptions provided for in the Act on the Acquisition of Real Estate by Foreigners?

Act on the acquisition of real estate by foreignersprovides for several exemptions from the obligation to obtain a permit to purchase real estate. Here are some of them:

  • foreigners who are citizens of EU and EEA Member States may purchase real estate on the same terms as Polish citizens, with the exception of agricultural and forest real estate and real estate located in the border zone;
  • foreigners purchasing real estate by way of statutory inheritance from a person who is a Polish citizen are exempt from the obligation to obtain a permit;
  • foreigners purchasing real estate together with a spouse who is a Polish citizen,
  • legal entities based in Poland that are controlled by foreigners may purchase real estate without a permit if they meet certain conditions.

It is worth noting that these exemptions are intended to facilitate the purchase of real estate by foreigners who have connections with Poland or run a business in its territory. However, in the case of agricultural and forest real estate and real estate located in border zones, the obligation to obtain a permit applies to both EU and EEA citizens as well as foreigners from outside these areas.

Summary

In the article we discussed the most important aspects of purchasing real estate by foreigners in Poland. We have presented basic information on who is considered a foreigner, what real estate foreigners can purchase and what rights EU and EEA citizens have. Then we discussed the process and requirements related to the purchase of real estate by a foreigner, including the documents needed for the purchase and the procedure for obtaining a permit to purchase real estate.

In the rest of the article, we focused on the permit for the purchase of real estate by foreigners, discussing when it is required, what conditions a foreigner must meet and what are the consequences of purchasing real estate contrary to the regulations. We also presented situations in which obtaining a permit is not required and exemptions provided for in the Act on the acquisition of real estate by foreigners.

All this information is intended to facilitate understanding of the process of purchasing real estate by foreigners in Poland and to help make the right decisions related to the purchase of real estate.

Please note that the process of purchasing real estate by a foreigner is highly formalized and it is worth using the help of professionals who will check both the legal status of the real estate and obtain permission to purchase the real estate. Please contact our office.

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