Homepage Real property Purchase of real property What status should the foreigner have in order to buy real property in Poland?

What status should the foreigner have in order to buy real property in Poland?Print

In general, Polish legislation makes a distinction between:

  • independent residential premises (usually referred to as "flat"),
  • land:
    a) developed (with detached or semi-detached house) – usually referred to as "house",
    b) undeveloped

The distinction is important, because under Polish law there is a distinction between the purchase of a flat and the purchase of a house or land.

Purchase without a permit: flat, garage

A foreigner does not have to have any specific legal status in Poland to be able to purchase independent residential premises, i.e. a flat in a block of flats. The situation is similar with a garage (understood as independent commercial premises for non-residential use, not as a part of residential premises). Foreigners who are staying in Poland pursuant to a visa, temporary residence permit, permanent residence permit or long-term EU resident permit do not need any additional documents (e.g. any permit to purchase a flat) that would authorise them to buy a flat or a garage. Foreigners who are not staying in Poland and wish to buy such premises do not need such a permit either. 

Important: Ownership of real property in Poland does not constitute sufficient grounds for legalisation of a foreigner's stay in Poland. This means that a foreigner staying in Poland cannot obtain a residence card basing only on the ownership title to real property in Poland. 

Purchase subject to permit: house (developed land property)

A permit is not required if the foreigner:

  • has stayed in Poland for at least 5 years since being granted a permanent residence permit or a long-term EU resident permit in Poland;
  • is married to a Polish citizen, has stayed in Poland for at least 2 years (since being granted a permanent residence permit or long-term EU resident permit) and the purchased real property will constitute the joint property of the spouses;
  • is a citizen or entrepreneur in one of the states that has signed the treaty on the European Economic Area (the list of EEA member states is available here->) or in one of the Swiss Confederation states. 

Real property in the border zone

However, foreigners who wish to purchase developed land (a house) or a flat in Poland in the so-called border zone have to obtain a permit from the Minister of the Interior for the purchase of such real property, regardless of their status.

Permit of the Minister of the Interior to buy real property

A permit of the Minister of the Interior to buy real property is issued on written request, which must contain the following elements (there is no standard template for the application form):

  • data of the requesting party – first name, surname, citizenship, address of residence,
  • data related to the real property:
    - land – legal title to the property, street, town/village, commune, voivodeship, number of the registered plot, surface area, number of entry in the land and mortgage register ->, type of development,
    - building (if the land is subject to perpetual usufruct) – building number, usable floor area, street, town/village, commune and voivodeship where the real property is located,
  • data of the selling party – first name, surname, address of residence (name and address for companies),
  • determination of the legal transaction resulting from the purchase of the real property (type of agreement, e.g. donation, sale, exchange),
  • information about the aim of the purchase,
  • documentation confirming the foreigner's connection with Poland:
    - Polish origin,
    - marriage with a Polish citizen,
    - temporary residence permit or long-term EU resident permit,
    - conducting business or agricultural activity in Poland,
  • list of sources for financing the purchase (e.g. loan, own funds).

The following documents should be attached to the complete form:

  • a photocopy of the purchaser's ID,
  • legal documentation of the real property (issued not earlier than 6 months prior to the submission of the application):
    - excerpt from the land and mortgage register -> or statement from a collection of documents,
    - extract from the land registry and extract from a property map,
    - land-use changes,
    - excerpt from currently binding local spatial development plan or a statement confirming the non-existence of such a plan and/or a decision on the location of a public purpose investment and/or decision on land development and management conditions if such decisions were issued,
  • statement of the selling party confirming their desire to sell the property and preliminary sales agreement if one has been concluded,
  • confirmation of the possession of financial means for the purchase of the real property and/or statement of the bank on creditworthiness,
  • statement from the Social Insurance Institution (ZUS ->) and the tax office on the absence of arrears in payments of obligatory contributions (Certificate confirming the fulfilment of taxation obligations to the State Treasury ->),
  • data and legal grounds related to the purchase of real property in the territory of Poland if the foreigner already owns such real property,
  • proof confirming the payment of stamp duty in the amount of PLN 1,570.

All documents should be prepared in Polish. Documents in a foreign language should be submitted along with a translation into Polish certified by a sworn translator.

The application for a permit to buy real property by a foreigner should be filed in person or by an attorney of the foreigner who is a legal advisor or a solicitor, at the Department for Permits and Approvals in the Registry office of the Ministry of the Interior at ul. Rakowiecka 2a in Warsaw (working hours of the office: 8.00am - 4.00pm). The application with the attached documents may also be sent by post to ul Rakowiecka 2a, 02-591 Warsaw.

The procedure for issuing the permit usually lasts 2-4 months.

The Ministry may refuse to grant a foreigner a permit to purchase real property if:

  • the foreigner does not prove their connection with Poland,
  • the real property specified in the application causes a threat to state security or defence or public safety and order,
  • the purchase of the real property specified in the application would be contrary to social policy and public health.

Important: The permit is valid for two years from the date of issue. The permit authorises the holder to purchase the specified real property pursuant to general legal provisions.

Note: The purchase of real property without a permit, if such permit is required, is deemed as invalid.

Promise

A promise is a commitment to grant a permit for the purchase of any real property in Poland to the foreigner. During the period of validity of the promise, the Minister of Interior cannot refuse to grant a permit for purchase of real property, unless factual circumstances important for the consideration of the case have changed. This promise enables the holder to participate in tenders for the purchase of real property.

In order to obtain a promise, the foreigner has to prepare and submit the same set of documents as in the case of an application for a permit of the Minister of Interior for the purchase of real property, except for documents designating the property.

Application for a promise requires the payment of stamp duty in the amount of PLN 98.

Important: A promise remains valid for one year from the date of issue.

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