Permit for a foreigner to acquire real estate in a Polish border zone

A permit to acquire real estate in a Polish border zone may be required even where a foreign buyer expected to rely on an exemption available elsewhere in Poland. The location of the property must be checked before signing a final agreement.

The permit is issued by the minister responsible for internal affairs, commonly referred to as MSWiA. The procedure examines the property, buyer, intended transaction, ties with Poland and possible objections connected with public security or public order.

When a permit to acquire real estate in a Polish border zone is required

The starting point is the Act on the acquisition of real estate by foreigners. The buyer’s citizenship or corporate status, the type of property and the legal form of acquisition all matter. Special attention is needed for land situated within the statutory border zone.

A residential unit, land, a house, a share in co-ownership and shares in a company owning real estate may be treated differently. The legal analysis should precede payment of a non-refundable deposit.

How to check whether the property lies in the border zone

The marketing description of a property is not sufficient. The cadastral designation, municipality, land and mortgage register and applicable regulations should be verified. A property may be affected even if it is not located directly on the state border.

Access roads and shares in separate plots also require review. A buyer may obtain a permit for the main property but overlook a share in the access road needed for lawful use.

• land and mortgage register number;
• cadastral plot numbers and area;
• type and intended use of the property;
• legal title to the access road;
• draft preliminary or final agreement.

Documents and the MSWiA procedure

The application should identify the buyer and seller, describe the property and transaction, and present the legal and factual grounds for the permit. Corporate buyers also provide current corporate documents, ownership information and financial evidence.

The authority may request supplementary documents or explanations. A carefully prepared application reduces avoidable correspondence, but it cannot eliminate the authority’s statutory assessment.

Safe transaction planning

The preliminary agreement should allocate the risk that a permit is refused or delayed. Payment dates, deposits, conditions precedent, validity periods and cooperation duties should be coordinated with the administrative timetable.

We conduct the permit procedure and assist with the transaction documents. See legal services for foreign investors and real estate law in Poland.

Frequently asked questions

Is every property near the border covered?

The statutory definition and official location data must be checked. Physical distance alone is not decisive.

Can the final agreement be signed before the permit?

The transaction structure must comply with the Act. A preliminary agreement can allocate risk, but it does not replace the permit.

Does the permit also cover an access-road share?

Only if the relevant right is properly covered. The access arrangement should be reviewed separately.