Purchasing your own apartment, house, or plot of land in Poland is a dream for many foreigners planning to build their future in our country. While citizens of the European Union, the European Economic Area (EEA), and Switzerland can acquire real estate in Poland on the same terms as Poles, the situation for third-country nationals (from outside the EU/EEA) is more complex. As a general rule, they need a special permit. When exactly is it required, and how can one obtain it?
When does a non-EU/EEA foreigner need the minister’s permit? (General rule)
According to the Act of 24 March 1920 on the Acquisition of Real Estate by Foreigners, as a general rule, the acquisition of real estate in Poland by a foreigner from outside the EU/EEA/Switzerland requires obtaining a permit from the Minister of Interior and Administration (MSWiA). This permit is issued in the form of an administrative decision upon the foreigner’s application.
The requirement to obtain a permit applies to the acquisition of ownership rights or perpetual usufruct rights to real estate, such as:
- Land properties: Both undeveloped (e.g., building plots, recreational plots) and developed. Note that the acquisition of agricultural and forest land is subject to additional, very strict restrictions, and obtaining a permit in these cases is extremely difficult.
- Buildings: E.g., detached houses.
- Commercial premises: Standalone premises for non-residential purposes (e.g., offices, shops), which are not garages related to housing needs.
- Shares or stocks in commercial companies: If the company owns or holds perpetual usufruct rights to real estate in Poland, and the foreigner gains control over it or acquires shares under specific circumstances.
When is a permit NOT required? (Important exceptions!)
Fortunately, the Act provides for several significant exceptions where a non-EU/EEA foreigner does not need to apply for the MSWiA permit. The most important and common include:
- Acquisition of a standalone residential premises (samodzielny lokal mieszkalny): This is the most important exception. If you are buying a standard apartment (a unit constituting separate real property), you do not need a permit, even if you come from outside the EU.
- Acquisition of standalone commercial premises intended for a garage: Or a share in such premises, if it is related to satisfying the buyer’s housing needs (e.g., buying a garage together with or for an apartment).
- Acquisition by a foreigner residing in Poland for at least 5 years: From the date of obtaining a permanent residence permit or an EU long-term resident permit.
- Acquisition by a foreigner who is the spouse of a Polish citizen: Provided that the foreigner has resided in Poland for at least 2 years from obtaining a permanent residence permit, EU long-term resident permit, or a temporary residence permit issued due to marriage with a Polish citizen, AND the acquired property will become part of their statutory joint marital property (wspólność ustawowa).
- Acquisition through statutory inheritance: By persons entitled to inherit from the deceased owner.
- Other, more specific cases listed in Art. 8 of the Act (e.g., acquisition by a bank as security, acquisition by certain relatives from the seller).
Conclusion: If you, as a non-EU foreigner, plan to purchase an apartment, you most likely will not need a permit. However, if you are interested in a house, plot of land, or commercial premises, a permit will generally be necessary.
How to obtain the permit from the minister of interior and administration (MSWiA)? (Procedure)
If your planned transaction requires a permit, you must follow this procedure:
- Who Submits the Application: The foreigner intending to acquire the property.
- Where: The application is submitted to the Minister of Interior and Administration via the Department of Permits and Concessions of the MSWiA in Warsaw.
- Basic Conditions for Granting the Permit: The Minister issues the permit if:
- The acquisition of the property does not pose a threat to state defense, security, or public order.
- The foreigner demonstrates circumstances confirming their ties with the Republic of Poland. These can include: Polish nationality or origin, marriage to a Polish citizen, holding a residence permit (temporary, permanent, EU resident), conducting business or agricultural activity in Poland according to regulations.
- Required Documents (Examples): The list is long and depends on the situation, but usually includes:
- Completed application form.
- Copy of the foreigner’s identity document (passport, residence card).
- Documents confirming ties with Poland.
- Detailed documents regarding the property (e.g., land and mortgage register excerpt, extract from the spatial development plan, map, price).
- Seller’s statement of intent to sell the property to the foreigner.
- Documents confirming possession of financial means for the purchase.
- Proof of payment of the stamp duty for the application.
- Consultations: Before issuing a decision, the Minister consults the Minister of National Defence, and in the case of agricultural property – also the Minister of Agriculture and Rural Development.
- Waiting Time: The procedure is complex and can take several, or even over a dozen, months.
Promesa – Preliminary promise of a permit
To facilitate the process (e.g., enable signing a preliminary agreement), the foreigner can first apply for a promesa, i.e., a promise that the permit will be issued. The promesa is valid for one year from the date of issue and confirms that, at that moment, there are no contraindications to issuing the permit.
Consequences of purchasing real estate without the required permit
Acquisition of real estate by a foreigner in violation of the Act, i.e., without the required permit, is null and void by law (nieważne). This means such a transaction does not effectively transfer ownership.
Scenario: foreigner buys an apartment vs. a building plot
- Case 1: Mr. Singh from India wants to buy a standard apartment (standalone residential premises) in Wrocław. As this is the acquisition of a standalone residential premises, Mr. Singh benefits from the exemption and does not need to apply for the MSWiA permit. He can conclude the purchase agreement before a notary under similar conditions as a Polish citizen.
- Case 2: Ms. Chen from China wants to buy a building plot near Warsaw to build a house. As she is acquiring land property, she needs to obtain the MSWiA permit. She must submit an application, demonstrate her ties with Poland (e.g., she runs a company here), provide documents for the plot, and wait for the Minister’s decision (or obtain a promesa first). Only after obtaining the final permit can she conclude the purchase agreement for the plot before a notary.
Legal assistance with real estate purchase and obtaining the permit
The procedure for obtaining the MSWiA permit is complex and time-consuming. Our law firm offers support to non-EU/EEA foreigners in the process of acquiring real estate in Poland:
- We help determine if a permit is required in a given case.
- We prepare and submit applications for the permit or promesa to the MSWiA.
- We gather and verify the necessary documentation.
- We represent clients during the administrative proceedings before the Minister.
- We also offer legal support for the real estate purchase transaction itself (due diligence, contract negotiation, participation in the notarial deed).
Purchasing real estate in Poland by a non-EU foreigner is possible but requires knowledge of the regulations. Remember the key exemption for standalone residential apartments. If a permit is necessary, act well in advance and consider seeking professional legal assistance to avoid errors and speed up the process.
(Please remember that the information in the article is general and based on the Act on Acquisition of Real Estate by Foreigners. Specific requirements and interpretations may vary. Always consult your situation with the MSWiA or a lawyer.)
