Are you planning to purchase a house, plot of land, or apartment in Poland as a foreigner? In many cases, acquiring real estate requires obtaining a permit from the Polish Minister of the Interior and Administration. The procedure can be complex, time-consuming, and requires careful preparation of documentation.
Our law firm provides comprehensive assistance throughout the entire process — from assessing whether a permit is required to preparing the application and representing clients before the authorities.
Who Must Obtain a Permit?
A permit to acquire real estate in Poland is generally required for foreigners from outside the European Economic Area (i.e. outside the European Union, Iceland, Liechtenstein, and Norway).
Who Is Considered a Foreigner?
A foreigner is considered to be:
- a natural person who does not hold Polish citizenship;
- a legal entity with its registered office abroad;
- a partnership or other organizational unit without legal personality, composed of persons who do not hold Polish citizenship or do not have their registered office in Poland, established under foreign law and based abroad;
- a legal entity or commercial company without legal personality, having its registered office in Poland, directly or indirectly controlled by foreign persons or foreign companies.
When Is a Permit Not Required?
In many situations, real estate may be acquired without a permit. This applies, among others, to:
- citizens of EU Member States, Norway, Iceland, Liechtenstein, and Switzerland;
- the purchase of an independent residential apartment;
- the purchase of a garage connected to a residential apartment;
- acquisition of real estate by the spouse of a Polish citizen after meeting statutory requirements;
- certain inheritance cases.
Each matter, however, requires individual analysis, especially when the property is located in a border zone or includes agricultural land.
What Conditions Must Be Met?
The authority examines, among other things:
a) whether the acquisition poses a threat to state security;
b) whether there are any social concerns against the acquisition;
c) whether the foreigner has ties with Poland.
In most cases, before submitting the application, the property should already be identified, and the owner should provide a declaration of intent to sell. Often, the best solution is to first conclude a conditional preliminary sale agreement.
If you would prefer to first obtain certainty regarding the authority’s decision, it is possible to apply for a promesa, i.e. a promise to issue the permit once certain conditions are fulfilled.
This solution is particularly beneficial for larger investments and transactions financed by bank loans.
How Do We Assist Our Clients?
We provide comprehensive legal support throughout the entire process. We conduct a legal analysis, verify whether a permit is required, and determine the most advantageous legal strategy.
We then prepare all necessary documentation and represent our clients before the authorities.
You can also rely on our assistance in cooperation with notaries, real estate agents, and banks.
Why Is It Worth Entrusting the Matter to Professionals?
Formal mistakes, missing documents, or improperly justified applications may significantly prolong the proceedings or even result in a refusal.
Thanks to our experience, we help clients complete the procedure efficiently and without unnecessary stress.