Real estate law in Poland: foreign buyers and housing communities

Real estate law in Poland matters before you commit to a purchase, not only after a dispute arises. Tomasz Piotr Chudzinski & Partners Law Firm assists foreign buyers, investors and property owners. We review the proposed acquisition, prepare permit applications and coordinate the legal work with the contract and financing timetable.

Our assistance also covers housing communities, property managers and property portfolios. The sections below explain both acquisition support and the ongoing management, debt recovery and dispute services we provide.

Describe your property purchase or management issue

Real estate law in Poland for foreign buyers

Checking whether a permit is required

First, we examine the buyer, the property and the transaction structure. We establish whether a permit from the minister responsible for internal affairs is required or a statutory exemption applies. A residence card alone does not answer that question.

The assessment may also cover acquiring shares in a company that owns Polish real estate. Agricultural land and other special categories require separate checks. We therefore review the position before the client accepts an unconditional commitment.

Applications for a permit or a preliminary promise

We prepare permit applications and, where appropriate, applications for a preliminary promise of a permit, known as a promesa. Our work includes reviewing the buyer’s and seller’s documents, identifying the property and explaining the purpose of the acquisition. We also represent the client in correspondence with the ministry and respond to requests for further evidence.

A promesa does not replace the final permit. We align the application with the proposed contract, notarial steps and financing. We do not promise a decision within a fixed period.

Property checks and transaction documents

We review the land and mortgage register, the seller’s title, encumbrances, relevant agreements, road access and public-law restrictions. Depending on the property, we also examine planning documents and other registers. A suitably qualified specialist should carry out the technical assessment.

We draft and negotiate preliminary and other transaction agreements. These should address financing, the completion date, deposits or advance payments and the consequences of a permit refusal. We work with the notary without replacing the notary’s role. Where necessary, we also represent the client in an administrative or court dispute.

The ministry provides official information on acquisition permits. We assess its application to the particular buyer and transaction.

Foreign buyers: practical questions

Does every foreign buyer need a permit?

No. The buyer’s status, the property and the applicable exemption must be checked together. The review should cover the whole acquisition, including any land rights, rather than just the description in the advertisement.

Can I sign a preliminary agreement before obtaining a permit?

Yes, but its terms should account for the permit process, deadlines, payments and a possible refusal. The preliminary agreement does not replace a permit required for the final acquisition.

When should I contact the Firm about a purchase?

Preferably before signing a preliminary agreement or paying a substantial deposit. If proceedings have already started, identify the authority’s request, the deadline and any planned notarial appointment. After a conflict check, we will agree which documents you should provide securely.

Legal support for housing communities and property managers

Legal services for housing communities in Poland should make day-to-day decisions easier and prevent arrears or unresolved defects from growing into larger disputes. A problem with a resolution, renovation contract or common part of a building may affect many owners. The response therefore requires clear authority, complete records and a process that the management board and property manager can use in practice.

Tomasz Piotr Chudzinski & Partners Law Firm advises Polish residential owners’ associations, legally known as housing communities or wspólnoty mieszkaniowe. We also assist management boards, licensed property managers, investors, owners of property portfolios and commercial property owners. Our work combines legal advice with the practical perspective of a licensed property manager who cooperates with the Law Firm.

We focus on repeatable solutions, particularly for debt recovery, resolutions, document flows and responses to defective work. Where a matter has significant financial or organisational consequences, we also conduct negotiations and court proceedings.

Who uses our legal services for housing communities in Poland

We assist in particular:

• management boards of housing communities;
• property managers and building administrators;
• companies holding portfolios of flats or buildings;
• investors and owners of commercial property;
• housing communities pursuing claims against developers or contractors;
• individual owners in matters of significant importance to the common property;
• entities entering into contracts for the maintenance, operation or renovation of a building.

Not every disagreement requires litigation. We first verify the authority of the management board, the resolutions already adopted and the practical purpose of the intended action. We then propose a route that the community and its manager can implement.

Ongoing legal advice for a management board and property manager

We review day-to-day decisions, letters, contracts and communications sent to owners. This includes determining whether a proposed measure falls within ordinary management or requires a resolution. We also prepare powers of attorney and documents needed in dealings with public authorities, contractors or courts.

At the start of an ongoing engagement, we agree who may give instructions, how to transfer documents and which matters the monthly arrangement covers. We then address routine questions without delaying building administration. Urgent or high-value matters receive a separate assessment.

Recovery of service charges and other arrears

We design a repeatable debt recovery process for advance payments, management costs and other amounts due to a housing community. The process begins with verifying the debtor, the legal basis of the charge, the relevant resolutions, the account history and previous payments.

Depending on the case, we prepare a payment demand, statement of claim and enforcement documents. We also report on amounts recovered and the current stage of each matter. This model aims to reduce manual work for the property manager. However, we review each case individually when an owner raises a substantive defence, set-off or objection to the basis of the charge.

Before filing a larger batch of cases, we check the quality and consistency of the data. This reduces avoidable disputes over calculation errors, representation or missing resolutions.

Resolutions and decision-making within a housing community

We draft resolutions and review the voting process, notices, calculation of ownership shares and documentation of the result. A resolution should state the decision clearly, identify the cost and financing method, and specify who is authorised to implement it.

We also advise on challenges to resolutions and claims that a resolution is invalid or did not legally come into existence. In line with the Law Firm’s business profile, we focus on matters with a material effect on the community’s operation, assets or planned investment.

Early review is often more efficient than defending a poorly drafted resolution after work has started or a contract has been signed.

Renovation, maintenance and property management contracts

Our lawyers draft and negotiate agreements with building contractors, maintenance companies, utility providers, insurers and property managers. We address the scope of work, timetable, acceptance procedure, warranty, liability, contractual penalties, price adjustments and termination.

For significant renovation projects, we can review tender documents and proposed answers to bidders. An engineer, inspector or surveyor should assess technical questions. The contract, in turn, must translate the technical scope into enforceable obligations and a workable acceptance process.

We also assess existing contracts where work is delayed, defective or more expensive than anticipated. The analysis may lead to a corrective notice, negotiation, termination or a claim for payment, rectification or damages.

Defects in common parts and claims against a developer

A housing community may need to preserve evidence of defects, determine who holds the claim and decide how to obtain the rights necessary to pursue it. We review resolutions, transfers of claims, warranties, technical reports and correspondence with the developer or contractor.

A list of defects alone is rarely sufficient. The evidence should show the location and nature of the defect, its cause, the history of notifications, the reasonable cost of repair and the party responsible. We help organise this material before negotiations or proceedings begin.

Where appropriate, we combine real estate advice with our experience in commercial disputes in Poland. This allows us to plan expert evidence, interim measures and settlement discussions from the outset.

Disputes with contractors and service providers

We represent communities and property businesses in disputes concerning defective renovation work, delays, unpaid remuneration, contractual penalties and damages. The initial review covers the contract, variations, acceptance records, defect notices and measures taken after discovery of the problem.

The legal strategy should reflect the technical evidence and the practical objective. In some cases the priority is completion of urgent work. In others it is recovery of the repair cost, defence against an inflated invoice or termination followed by appointment of a replacement contractor.

Use of common property

We advise on parking spaces, installations, façades, advertising, roof or attic areas, access to units and alterations affecting common parts. The analysis may require title documents, resolutions, agreements and information about how the proposed use affects other owners.

We first seek a clear and enforceable rule for future use. If the conflict is established, we prepare the appropriate demand, resolution or court application.

Building insurance and property damage

Our legal services for housing communities in Poland also include support with damage to common parts of a building. We review the insurance policy, the insurer’s decision, repair estimates and the potential liability of contractors or other parties.

Where there are grounds to challenge an insurer’s position, we prepare an appeal or conduct a payment dispute. If the event also affected individual units or residents, we identify which claims belong to the community and which the owners themselves must pursue.

How an ongoing engagement starts

1. Authority. We establish who represents the housing community and whether a resolution or additional power of attorney is required.
2. Documents. We review resolutions, contracts, account records, minutes and correspondence, and identify missing evidence.
3. Working process. We agree deadlines, document templates, approval rules and the distinction between routine advice, projects and litigation.
4. Reporting. We report on the stage of each matter, amounts recovered and decisions needed from the management board.

When to contact a lawyer

Consider legal support when arrears increase or you are preparing a significant resolution, contract or major renovation. You may also need advice if a contractor refuses to remedy defects, you discover defects in common parts, an owner challenges charges, or an insurer refuses full compensation.

It is also useful when the community needs to organise its records, authority or debt recovery process before starting a larger number of cases.

Frequently asked questions

Can the Law Firm handle a larger portfolio of debt recovery cases?

Yes. We first establish a standard for data, documents, demands and reporting. However, we separate cases involving a substantive defence from the routine process and review them individually.

Does every decision of the management board require a resolution?

No. It depends on whether the action falls within ordinary management, the resolutions already in force and the management structure of the property. Resolve this question before entering into a contract or other commitment.

Can a housing community pursue claims for building defects?

In many cases it can. First, however, we need to establish the source of the claim, the community’s standing, relevant resolutions and technical evidence. The correct model depends on the nature of the defect and the rights originally held by the owners.

Do you review contracts with property managers and contractors?

Yes. We review duties, remuneration, liability, reporting, termination, acceptance and complaint procedures. The agreement should reflect the actual division of responsibilities.

Can you represent an individual owner against a housing community?

Potentially, after a conflict check and an assessment of the importance of the matter. We prioritise cases involving significant property rights or the fundamental manner in which common property is used.

Discuss a housing community or real estate matter

Use our contact form to identify your role, the approximate size of the community, the type of problem, the current stage and any pending deadline. For debt recovery matters, state the approximate number of cases and describe your account records. Do not send owners’ personal data before we have completed a conflict check.

You can also review the Law Firm’s broader legal services in Poland.