The Polish real estate market offers a wide range of opportunities, whether for personal use or as an investment. However, navigating the process can be complex, especially for foreigners unfamiliar with the local legal system. Here’s what you need to know about buying property in Poland as a foreigner.

Understanding the Legal Framework

The cornerstone of purchasing property in Poland as a foreigner is understanding the legal requirements set forth by Polish law. The principle rule is that foreigners need special permission from the Minister of the Interior and Administration (MSWiA) to acquire real estate. This requirement stems from the Act on the Acquisition of Real Estate by Foreigners and is designed to regulate foreign ownership within the country.

Who is Considered a Foreigner?

In this context, the definition of a “foreigner” includes individuals without Polish citizenship, legal entities based abroad, partnerships without legal personality formed according to foreign law, and Polish-based entities or partnerships controlled by foreigners.

Exemptions and Special Conditions

There are several exemptions to the rule requiring ministerial permission:

• EU, EEA, and Swiss citizens enjoy more freedom and can purchase properties without special permission, thanks to agreements established when Poland joined the EU. However, restrictions remain on acquiring agricultural lands.
• Exceptional cases where PERMISSION IS  NOT REQUIRED include purchasing standalone residential properties that meet adequate living conditions, garages, properties after residing in Poland for at least five years under permanent residence or long-term EU resident status, and properties as part of the marital community with a Polish citizen after residing in Poland for at least two years.

The Application Process

Foreigners who apply for permission must demonstrate their ties to Poland, which can be through Polish nationality or descent, having a Polish spouse, various types of residence permits, controlling a company, or conducting business in Poland. The application involves a detailed submission of documents, including an extract from the business register (if applicable), land and mortgage registry statements, zoning plans, and proof of financial means to purchase the property.

What Properties Can Be Bought Without Permission?

Foreigners can buy residential properties, such as apartments or houses that provide suitable living conditions, without seeking special permission. Additionally, they can purchase garages or shares in a garage if it’s for personal use and they already own property in Poland. After living in Poland for at least five years and having permanent residency status, foreigners can buy property without permission. Similarly, properties can be acquired without the consent of family members if certain conditions are met, such as being entitled to inherit from the seller who has had ownership or perpetual usufruct for at least 5 years.

Navigating the Process

While the process might seem daunting, many foreigners successfully navigate it with the right preparation and support. Real estate agencies in Poland are equipped to assist foreign buyers, including those who do not speak Polish, offering comprehensive services from finding the right property to translating and facilitating legal procedures.

Conclusion

Buying property in Poland as a foreigner is feasible with careful planning and adherence to legal requirements. While the need for special permission and understanding Polish law can initially seem challenging, the path to ownership is well-trodden. With its growing economy, cultural richness, and real estate opportunities, Poland continues to welcome foreign investors and individuals looking to call this country home.