For real estate transactions, Polish law requires a notarial deed under pain of nullity (from both Poles and foreigners). This means that all contracts resulting in a change of ownership of real estate are concluded before a notary. The notary checks the documents relating to the property (first of all, its land and mortgage registers, but also other documents that are obtained and presented by the property owner – e.g. an extract from the land register, certificate of no tax arrears) and prepares a draft contract, which the parties conclude in their presence, in the form of a notarial deed.
The acquisition of real estate in Poland by foreigners is regulated by a separate law. An act performed in violation of the Act is invalid. As a rule, in order to acquire real estate in Poland, a foreigner must obtain a permit from the Minister of the Interior and Administration.
Legal basis:
Law of March 24, 1920 on the acquisition oAct of March 24, 1920 on the acquisition of real estate by foreigners (c.t. Journal of Laws of 2017, item 2278)
A foreigner within the meaning of this Act is:
- a natural person who does not have Polish citizenship
- a legal person, with a registered office abroad
- an unincorporated company of persons who do not have Polish citizenship or a registered office in Poland, which has its registered office abroad and was established in accordance with the legislation of foreign countries
- a legal person and an unincorporated commercial company with its registered office in the territory of Poland, controlled directly or indirectly by persons or companies that are foreigners.
The obligation to obtain a permit does not apply to citizens of the EEA countries and Switzerland.
Conditions for obtaining a permit:
- acquisition of real estate by a foreigner will not cause a threat to defence, state security or public order
- the acquisition is not opposed by considerations of social policy and public health
- there are circumstances confirming the foreigner’s ties to Poland.
Confirmation of ties with Poland may be (for example):
- having Polish nationality or Polish origin;
- entering into marriage with a citizen of the Republic of Poland;
- possession of a residence permit:
- temporary with the exclusion of a permit in the case of circumstances justifying a short-term stay in the Republic of Poland and a permit for the residence of victims of trafficking in human beings (Art. 181 (1) and Art. 176 of the Act of December 12, 2013 on foreigners – i.e., Journal of Laws of 2024, item 769) or
- permanent or
- long-term resident of the European Union;
- membership in the governing body of entrepreneurs controlled directly or indirectly by foreigners
- performance of economic or agricultural activities in the territory of the Republic of Poland, in accordance with the provisions of Polish law.
Legal basis:
Article 1a (2) of the Act of March 24, 1920 on the acquisition of real estate by foreigners (c.t., Journal of Laws of 2017, item 2278), 1920 on the acquisition of real estate by foreigners (i.e., Journal of Laws of 2017, item 2278)
Articles 181 (1) and 176 of the Act of December 12, 2013 on foreigners, i.e. Journal of Laws of 2024, item 769, 1222, 1688).
Exempted from the requirement to obtain a permit are (note, exemptions do not apply to real estate located in the border zone and agricultural land after an area of more than 1 hectare):
- acquisition of an independent dwelling within the meaning of the Act of June 24, 1994 on Ownership of Premises;
- acquisition of an independent commercial premises with a garage use or a share in such premises, if it is related to meeting the housing needs of the purchaser or owner of the real estate or independent residential premises;
- acquisition of an independent commercial premises with a garage or a share in such premises, if it is related to meeting the housing needs of the purchaser or owner of the real estate or independent residential premises;
- acquisition of real estate by a foreigner residing in the Republic of Poland for at least 5 years after the granting of a permanent residence permit or a residence permit for a long-term resident of the European Union;
- acquisition of real estate by a foreigner who is the spouse of a Polish citizen and who resides in the Republic of Poland for at least 2 years from the granting of a permanent residence permit or a residence permit for a long-term resident of the European Union, which as a result of the acquisition will constitute a statutory community of spouses;
- acquisition by a foreigner of real estate, if on the date of acquisition they are entitled to statutory inheritance under Polish law from the transferor of the real estate, and the transferor of the real estate has been its owner or perpetual usufructuary for at least 5 years;
- acquisition of undeveloped real estate, the total area of which in the whole country does not exceed 0.4 hectares in urban areas, by a legal person or an unincorporated commercial company controlled directly or indirectly by foreigners, for statutory purposes;
- acquisition of real estate by a foreigner, who is a bank and at the same time a mortgagee, by way of foreclosure as a result of an ineffective auction in foreclosure proceedings;
- purchase or acquisition by a bank that is a legal person controlled directly or indirectly by foreigners of shares or stocks in a commercial company with its registered office in the territory of the Republic of Poland, as well as any other legal action concerning the shares or stocks requires a permit from the minister responsible for internal affairs if, as a result of them, the company which is the owner or perpetual usufructuary of real estate in the territory of the Republic of Poland becomes a controlled company in connection with the enforcement by that bank for claims arising from the banking actions performed.
It is not required to obtain a permit by foreigners who are citizens or entrepreneurs of countries – parties to the Agreement on the European Economic Area or the Swiss Confederation.
Legal basis:
Article 8(1) and (3) of the Act of MArticle 8(1) and (3) of the Act of March 24, 1920 on the acquisition of real estate by foreigners (c.t. Journal of Laws of 2017, item 2278)
Information current as of: .
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