Can a Foreigner Buy a House in Poland?

The purchase of real estate in Poland by foreigners is becoming increasingly popular. Attractive property prices, a stable economy, and the beautiful culture and history of Poland attract both foreign investors and private individuals interested in buying a house or apartment in Poland. In this article, we will explain whether a foreigner can purchase property in Poland, the formalities involved, and what to pay special attention to.

1. Basic legal regulations concerning the purchase of real estate by foreigners
   According to Polish law, the purchase of real estate by foreigners depends on their citizenship and the type of property they wish to acquire. The important legal acts governing these matters include:

• The Act of March 24, 1920, on the Acquisition of Real Estate by Foreigners
• The Act of December 12, 2013, on Foreigners
• The Act of April 11, 2003, on the Formation of Agricultural System
• The Act of June 14, 1960, Code of Administrative Procedure
• The Act of November 16, 2006, on Stamp Duty
• The Act of September 15, 2000, Code of Commercial Companies
• The Act of August 30, 2002, Law on Proceedings Before Administrative Courts
• The Regulation of the Minister of Interior of June 20, 2012, regarding detailed information and types of documents that a foreigner applying for a permit to acquire real estate is required to submit

2. Who is considered a foreigner?
   Under Polish law, a foreigner is:

• a natural person who does not have Polish citizenship
• a legal person with its seat abroad
• a company without legal personality, made up of persons who do not have Polish citizenship or a seat in Poland, and which has its seat abroad and was established according to the laws of foreign countries
• a legal person and a commercial company without legal personality with its seat in Poland, controlled directly or indirectly by persons or companies who are foreigners.

3. When can a foreigner purchase real estate in Poland without a permit?
   For citizens and entrepreneurs from the member states of the European Union, Iceland, Liechtenstein, Norway, or Switzerland (regardless of the origin of capital), significantly simpler rules apply. This group of foreigners does not need a permit to purchase any real estate in Poland.

An exception is the purchase of agricultural and forest land, which may require approval from the Ministry of Interior and Administration (MSWiA), especially if the property is not related to agricultural activities.

Regardless of your nationality or where you reside, you do not need a permit to purchase if you acquire:

• an independent apartment as defined by the Act on Ownership of Premises of June 24, 1994 – meaning a unit consisting of rooms and additional spaces such as a kitchen or bathroom, providing suitable living conditions. This can also include, for example, a cellar or attic, even if located separately from the apartment itself
• a unit or share in a unit intended for a garage – if you already own or plan to purchase a residential property and want to secure a parking space
• property if you have resided in Poland for at least 5 years since receiving permanent residence or long-term EU resident status
• property as part of joint marital property – this applies if you have a spouse with Polish citizenship and have lived in Poland for at least 2 years since receiving permanent residence or long-term EU resident status
• property belonging to a person who has owned or had perpetual usufruct of it for at least 5 years, and you have inheritance rights from that person (e.g., when a child inherits property from parents or grandparents)
• property as a mortgage creditor (e.g., a bank) in a situation where you take over the property after an unsuccessful auction within enforcement proceedings.

It should be remembered that even in the above cases, a permit is required if the property is located in a border zone or includes agricultural land exceeding 1 hectare.

4. How to obtain a permit to purchase a house or apartment in Poland?
   Non-EU foreigners must obtain a permit to purchase real estate from the Ministry of Interior and Administration (MSWiA). The process involves submitting an application, which includes information about the property and justification for the purchase. It is important to conduct this process correctly because the decision to purchase depends on the public interest and the foreigner’s ability to settle and conduct business in Poland.
   There is no standard application form for obtaining a permit to purchase a house or apartment in Poland by a foreigner. A sample application for a permit to acquire real estate by a foreigner in Poland can be found here:permit to purchase a house or apartment in Poland
5. What steps must a foreigner take to buy real estate in Poland?
   The purchase of real estate in Poland by a foreigner involves several steps, including: Selecting a property (apartment, house, building plot), Obtaining financing (possibility of using a mortgage loan), Signing a preliminary agreement, Obtaining MSWiA approval (for non-EU citizens), Finalizing the purchase at a notary in Poland, Registration in the land and mortgage register.
6. Get help from SOS Legal law firm
   The law firm SOS Legal specializes in obtaining permits for the purchase of real estate by foreigners. With extensive experience and knowledge of Polish legal regulations, we assist foreigners throughout the entire process of purchasing real estate in Poland. Our firm offers comprehensive legal support, from preparing documents to obtaining MSWiA approval and finalizing the transaction at a notary.

If you are a foreigner and want to buy a house or apartment in Poland, contact us, and the lawyers at SOS Legal will help you at every stage of the transaction.

With our help, purchasing real estate in Poland will be fast, safe, and legal.

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