The legal basis for the procedure of foreign nationals purchasing real estate in Poland is the Act of March 24, 1920, on the acquisition of real estate by foreigners. Detailed information and the types of documents that a foreigner must present when applying for a permit to purchase real estate are also provided in the regulation of the Minister of the Interior of June 20, 2012.
According to the law, a foreigner is a natural person without Polish citizenship, a legal entity with its registered office abroad, as well as a partnership without legal entity status, created according to the legislation of a foreign country. Additionally, foreign entities are considered legal entities and commercial companies without legal entity status that are located in Poland and controlled by the above-mentioned foreigners.
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Członek Sądu Koleżeńskiego SPPON (Stowarzyszenie Pomorskie Pośredników w Obrocie Nieruchomościami) Licencja 29826
Author and teacher of a course for real estate agents
In order to obtain a permit to purchase real estate by a foreigner, certain legislative conditions must be met. A foreigner planning to acquire real estate must submit an application for a permit. This application includes the applicant’s details, information about the property, the seller, and the purpose of the purchase. Additionally, the foreigner must confirm their ties to Poland. The legislator considers the following as meeting this requirement: when the applicant is of Polish nationality, married to a Polish citizen, has a residence permit in Poland, or conducts business in Poland.
Such an application must include, among other things:
1) Name of the applicant:
2) Description of the acquired property:
3) Identification of the seller.
4) Definition of the type of legal event under which the property will be acquired.
5) Purpose of acquiring real estate:
6) Source of funds for the purchase of the property.
The application for obtaining a permit is accompanied by specific documents that the applicant is required to attach:
1) Documents confirming the legal status of the applicant:
2) Documents defining the property.
3) Seller’s declaration of the intention to sell the property to a foreigner.
4) Documents regarding financial resources for the purchase of real estate:
5) Documents confirming the source of funds.
6) Documents confirming the purpose of acquiring the property.
7) Document confirming the foreigner’s Polish citizenship, if they have citizenship.
The provisions of the Law on the Acquisition of Real Estate by Foreigners specify situations where no permit is required to acquire property in Poland. Article 8 of the Law lists, among other things:
1) The acquisition of a self-contained residential unit according to the Act on the Ownership of Premises.
2) The acquisition of a self-contained commercial unit, such as a garage, that meets the buyer’s residential needs.
3) The purchase of real estate by a foreigner who has lived in Poland for 5 years.
4) The purchase of real estate by a foreigner who is the spouse of a Polish citizen, who has lived in Poland for 2 years.
5) The acquisition of real estate by inheritance, when the seller has been the owner or user for 5 years.
6) The acquisition of real estate for statutory purposes with an area up to 0.4 hectares by persons specified in Article 1, section 2, point 4.
7) The acquisition of real estate by a foreign bank after an unsuccessful auction.
8) The acquisition of shares in a bank due to the bank’s requirements.
These exceptions support foreign investments, contributing to the economy and the development of the real estate market in Poland.
