Dreaming of building your own house from scratch on a purchased plot of land? Or perhaps investing in land in Poland? For foreigners planning such a purchase, the path to realizing these plans may involve additional formalities. Polish law provides specific rules regarding the acquisition of real estate, including land, by persons without Polish citizenship. The key issue often revolves around the need to obtain a permit from the Minister of Internal Affairs and Administration. When is it required, and when can you buy land without additional consents?
Introduction: dreaming of your own land in Poland – What does the law say?
The general rule, stemming from the Act on Acquisition of Real Estate by Foreigners, is that a foreigner needs a permit from the Minister of Internal Affairs and Administration (MSWiA) to purchase real estate in Poland, including undeveloped land plots. However, there are many significant exceptions to this rule, meaning that in practice, many foreigners can acquire land without going through the complex administrative procedure.
The minister’s permit – The basic rule for foreigners
Who is a “Foreigner” According to the Act?
The Act defines a foreigner as:
- A natural person without Polish citizenship.
- A legal person with its registered office abroad.
- A legal person or commercial company without legal personality, with its registered office in Poland, but controlled (directly or indirectly) by the entities mentioned above.
When and Why Is a Permit Required?
A permit is required to ensure that the acquisition of real estate by a foreigner does not pose a threat to state security, public order, and is consistent with considerations of social policy and public health. Additionally, a foreigner applying for a permit must demonstrate their ties with Poland. These could include, for example, Polish descent, marriage to a Polish citizen, holding a residence permit (temporary – under certain conditions, permanent, or EU long-term resident), or conducting business activity in Poland.
When a permit IS NOT needed – Key exceptions
This is the most crucial part for many potential buyers. There are several situations where a foreigner does not need to apply for an MSWiA permit to purchase a land plot:
Citizens and Companies from the EU/EEA/Switzerland – The Freedom Principle
- This is the most significant exception. Citizens of European Union member states, the European Economic Area (Norway, Iceland, Liechtenstein), and the Swiss Confederation, as well as entrepreneurs from these countries, can acquire real estate in Poland, including land plots, on the same terms as Polish citizens. They do not need the Minister’s permit. (Note: Other general restrictions, e.g., concerning agricultural land trade, might still apply to them, just as they apply to Poles).
Exceptions for Non-EU/EEA Foreigners – What About Land?
Even if you are not a citizen of the EU/EEA/Switzerland, you might be able to buy land without a permit in specific situations:
- Marital Co-ownership with a Polish Spouse: If you are acquiring land into the statutory joint marital property with your Polish spouse, AND you have resided in Poland for at least 2 years since obtaining a permanent residence permit or an EU long-term resident permit.
- 5 Years Residence + Land up to 0.5 ha for Housing Purposes: If you have resided in Poland for at least 5 years since obtaining a permanent residence permit or an EU long-term resident permit, AND you intend to purchase an undeveloped land plot with an area not exceeding 0.5 hectares (5000 m²) for the purpose of satisfying your statutory housing needs (e.g., building your own house).
- Statutory Inheritance: If you inherit land by operation of law (not through a will) from a person who owned it for a specific period. Testamentary inheritance by a foreigner might require a permit if the testator was not an EU/EEA citizen or did not reside in Poland long enough.
- Acquisition of a Standalone Residential Premises: It’s worth knowing (although this article focuses on land) that buying an apartment generally does not require a permit for any foreigner.
Building plot, agricultural Land, forest Land – Are there differences for a non-EU foreigner?
From the perspective of the Act on Acquisition of Real Estate by Foreigners, for a person from outside the EU/EEA/Switzerland, the type of land plot generally doesn’t matter (building, agricultural, forest) – if none of the exceptions apply, a permit is required.
However, it’s important to remember that the trade of agricultural land (especially over 1 ha) and forest land is subject to additional, separate restrictions arising from other laws (e.g., the Act on Shaping the Agricultural System, where the National Support Centre for Agriculture – KOWR plays a significant role). These additional restrictions might also apply to Polish and EU citizens, but for a non-EU foreigner, the MSWiA permit requirement is an overriding layer.
The permit application process – what you need to know
If it turns out you need a permit, you must submit an application to the MSWiA, attaching numerous documents concerning yourself, the seller, the property, and the purpose of acquisition. This process can be lengthy (several months or longer) and requires payment of an application fee.
Scenario: John from the US and Angela from Germany buy land plots
- John (US citizen) is married to a Polish woman; they have lived in Poland for 3 years based on his permanent residence permit. They want to buy a 0.4 ha plot to build a house. Since John has lived in Poland for over 2 years on permanent residence, and the plot is under 0.5 ha and intended for housing purposes, he can acquire it with his wife into their joint marital property without an MSWiA permit. If he wanted to buy the plot alone, or if the plot were larger/for a different purpose, he would likely need a permit.
- Angela (German citizen) wants to buy a 1 ha recreational plot in Poland. As an EU citizen, she does not need an MSWiA permit to purchase this land. However, she must ensure she complies with any other general Polish regulations concerning the purchase of such large plots (e.g., potential agricultural land rules).
Summary: the permit – Key to buying land for many foreigners
The basic rule states that a foreigner from outside the EU/EEA/Switzerland needs an MSWiA permit to buy land in Poland. However, the numerous exceptions are key, especially for EU citizens and those with long-term residence in Poland buying land for housing purposes. Always thoroughly check your legal situation before taking steps towards a purchase.
Planning to buy a land plot in Poland? Unsure if you need a permit from the Minister of Internal Affairs and Administration? Need assistance preparing the permit application? Contact our law firm. We will help you analyze your situation and safely conduct the transaction.
