Permit for a foreigner to acquire real estate in Poland: legal assistance

A permit to acquire real estate in Poland may be required before a foreign buyer can complete a purchase. The answer depends on nationality, the property, the transaction structure and any statutory exemption.

When a permit to acquire real estate in Poland may be required

The rules apply to direct acquisition of ownership or perpetual usufruct by a foreigner. They may also apply to certain transactions involving shares in a company that owns real estate in Poland.

Citizens and entrepreneurs from the European Economic Area benefit from broad exemptions, but agricultural land, forest land, border-zone property and some corporate transactions require separate analysis.

• nationality and legal status of the buyer;
• land and mortgage register number and property type;
• location in a border zone or agricultural classification;
• direct purchase, share deal or another structure;
• family links, residence and business activity in Poland.

Application to the competent minister

The application must identify the buyer, seller and property. It should explain the buyer’s ties with Poland and the intended use. Corporate documents and information about financing may also be required.

A promise of a permit may be useful when the transaction timetable is uncertain. The preliminary agreement should address the permit condition, deadlines, deposit and consequences of refusal.

Due diligence before signing the agreement

The permit is only one part of the transaction. The buyer should verify ownership, mortgages, easements, planning status, access, leases and public-law restrictions. Tax and financing conditions should also be coordinated.

If the property is acquired for business use, the transaction may be connected with company formation and ongoing legal support for a foreign company in Poland.

How we conduct the procedure

We first determine whether a permit or exemption applies. We then prepare the application, collect Polish corporate and property documents, respond to official requests and coordinate the case with the notary.

If an adverse decision is issued, we assess the reasons and available review before the deadline expires. Related administrative-court work is described on our administrative law page.

Frequently asked questions

Does every foreign buyer need a permit?

No. Nationality, property type and statutory exemptions must be checked in the individual transaction.

Can a preliminary agreement be signed first?

Often yes, but it should make the final transaction conditional on the permit where one is required.

Does the permit replace legal due diligence?

No. Title, encumbrances, planning, tax and transaction risks still require separate review.