Permission to acquire real estate by a foreigner

The acquisition of real estate by foreigners in Poland requires compliance with specific provisions and procedures. This article introduces the details of the procedure for obtaining a permit to acquire real estate by foreigners, taking into account the requirements contained in the acts and ordinances. If you are frightened by the vision of submitting the application yourself, completing the required documents and conducting proceedings before the Minister of the Interior and Administration – our lawyers will help you get permission to acquire real estate by a foreigner.

In today’s globalizing world, more and more people are looking for opportunities to invest and buy real estate abroad. Poland, as a dynamically developing country, attracts the attention of many foreigners who dream of having their own piece of this beautiful country. However, in accordance with the Act of 24 March 1920 on the acquisition of real estate by foreigners, the acquisition of real estate by foreigners in Poland requires permission. There are also deviations, which will be indicated in this entry, are also provided for the requirement to obtain the permit. The applicant interested in the purchase of real estate in Poland will also be of great importance. In the article below, we will discuss the key aspects of this process and present how our law firm can help you to get permission to acquire real estate in Poland by a foreigner

Law basics

The legal basis for the procedure for purchasing real estate by foreigners in Poland is the Act of 24 March 1920 on the purchase of real estate by foreigners. Detailed information and types of documents that a foreigner applying for a permit for the purchase of real estate should also be presented in the Minister of the Interior of June 20, 2012.

Definition of a foreigner

According to the Act, a foreigner is a natural person who does not have Polish citizenship, a legal person having a headquarters abroad, as well as a company of persons without legal personality, created in accordance with the law of a foreign state. In addition, foreigners are considered legal entities and commercial companies without legal personality, based in Poland and controlled by foreigners mentioned earlier.

Application for a permit to acquire real estate by a foreigner

To obtain a permission for the acquisition of real estate by a foreigner, you must meet the extended statutory conditions. A foreigner who plans to purchase a property must submit an application for a permit. Such a conclusion includes the applicant’s data, information about the property, the seller and the purpose of the purchase of the property. In addition, a foreigner must document his ties with Poland. The legislator recognizes that this requirement is met, among others When the applicant has Polish nationality, he married a Polish citizen, having a residence permit in Poland or conducting business activity in its area.

The application for a permit for the purchase of real estate should include:

Designation of the Applicant:
Designation of the purchased property:
Marking the seller.
Determining the type of legal event on the basis of which the property will be purchased.
Purpose of the purchase of real estate:
Source of financial resources for the purchase of real estate.

Permission to purchase real estate: Required documents to get permission to acquire real estate in Poland by a foreigner

The application for a permit must be supported by specific documents, which the Applicant is obliged to attach:

Documents confirming the legal status of the Applicant:
Documents specifying the property.
A declaration of the seller expressing the will to sell the property to a foreigner.
Documents regarding financial resources for the purchase of real estate:
Documents confirming the source of funds of funds
Documents confirming the purpose of purchasing the property.
A document confirming the possession of Polish citizenship by a foreigner if he has citizenship.

Exemption from the obligation to obtain a permit to acquire real estate

The provisions of the Act on the acquisition of real estate by foreigners indicate situations when you do not need to obtain permission to acquire real estate in Poland. Article 8 of the Act mentions, among others:

Purchase of an independent residential premises in accordance with the Act on the ownership of premises.
Acquisition of an independent commercial premises, e.g. garage, satisfying the buyer’s housing needs.
Acquisition of real estate by a foreigner living in Poland for 5 years.
Acquisition of real estate by a foreigner who is a spouse of a Polish citizen living in Poland for 2 years.
Acquisition of real estate by statutory inheritance when the seller was the owner or user for 5 years.
Acquisition of real estate for statutory purposes up to 0.4 ha by entities in art. 1 para. 2 point 4.
Acquisition of real estate by a foreigner-bank after unsuccessful auction.
Acquisition of shares or shares by the bank in connection with bank claims.

These exemptions facilitate the investments of foreigners, supporting the economy and development of the real estate market in Poland.

Violation of the provisions of the Act on the acquisition of real estate by foreigners leads to the sanctions of nullity. Without obtaining the permission of the Minister of the Interior, legal actions and entries of ownership and perpetual usufruct are invalid in accordance with art. 5. If the property is acquired unlawfully, such a transaction is invalid in accordance with art. 6. At the request of local authorities or the Minister of the Interior and Administration, the competent court decides on the invalidity of the property purchase activities.

In the event of the purchase of shares or shares in a commercial company contrary to the regulations, an analogous principle applies. These sanctions are aimed at protecting the state’s interests and ensuring compliance with regulations regarding the acquisition of real estate by foreigners. Therefore, it is important to make a legal audit before making the transaction and obtain permission. Thanks to this, you will avoid potential problems related to the sanction of nullity.

Comprehensive legal service in matters related to the acquisition of real estate by foreigners

We offer our advice and play the role of proxies in matters of issuing a permit to acquire real estate.

Obtaining a property permit is complicated. Our office specializes in real estate law, helping comprehensively. Regardless of the purpose of the investment, our lawyers serve professional support. We can also entrust us to transfer our business to Poland.

We offer a wide range of legal services, including:

Representation before the Minister of the Interior and Administration and a notary public on real estate contracts;
Permission to acquire real estate in Poland by a foreigner;
Editorial office of applications for permission to acquire real estate by a foreigner;
Help in transferring economic activity to Poland and establishing a limited liability company
Consulting in obtaining permits, concessions and registers entries;
Assistance in obtaining residence permits and legalization of the rights of doctors acquired abroad.

We invite you to cooperate with the Law Firm – Advocate Tomasz Piotr Chudzinski.

3 offices in Poland. Currently, branches of the law firm, in addition to the Warsaw headquarters, are located in Wrocław and Bydgoszcz.