Obtain a permit to acquire real estate as a foreigner

Are you a foreigner from outside the European Union, Switzerland, Norway, Iceland and Liechtenstein, and do you want to purchase real estate in Poland? To do so, you must obtain a permit from the minister. Read below to find out more about this procedure.

How to proceed

What you should know and who can use this service

Who must obtain a permit to acquire real estate

You must obtain a permit to acquire real estate in Poland if you are a foreign national from outside the European Economic Area (this area consists of the European Union member states, Iceland, Liechtenstein and Norway) or Switzerland.

A foreign national is:

• a natural person who is not a citizen of Poland
• a legal entity with its registered office abroad
• a company/partnership of persons without legal personality who are not citizens of Poland and do not have a registered office in Poland, which has its registered office abroad and was established in accordance with the legislation of foreign countries
• a legal person and a company/partnership without legal personality with its registered office in the territory of Poland, controlled directly or indirectly by persons or companies/partnerships who are foreigners.

When you do not need a permit

If you are a citizen or entrepreneur with the registered office in one of the member states of the European Union, Iceland, Liechtenstein, Norway or Switzerland (regardless of the origin of the capital), you do not need a permit to acquire any real estate in Poland.

Regardless of your nationality or registered office, a permit is not required for:

• acquisition of individual living accommodation as defined in the Act of 24 June 1994 on ownership of accommodation, i.e. accommodation that consists of rooms and auxiliary rooms (e.g. kitchen, bathroom) and provides you with adequate housing conditions. Such accommodation may also include, among other things, a basement or an attic, even if they are not directly next to the accommodation
• acquisition of premises intended for a garage or share in such premises if it relates to satisfying the housing needs of the purchaser or owner of real estate
• acquisition of real estate if you reside in Poland for at least 5 years after being granted a permanent residence permit or a long-term resident’s EU residence permit
• acquisition of real estate that will constitute community property regime – this is the case if you are a spouse of a Polish citizen and have resided in Poland for at least 2 years after being granted a permanent residence permit or a long-term resident’s EU residence permit
• acquisition of real estate from a person who has owned or perpetually used it for at least 5 years and you are, on the date of acquisition, entitled to intestate succession from that person (e.g. a daughter, son or grandchild acquires real estate from their mother, father or grandparents)
• acquisition of real estate as a mortgagee (bank) – through taking over the ownership of real estate as a result of an unsuccessful auction under enforcement proceedings.

Please note! You must also obtain a permit to acquire real estate in the cases indicated above if you are acquiring real estate located in the border area and agricultural land of the area exceeding 1 ha.

You do not need to obtain a permit if you are acquiring real estate by inheritance and are a person entitled to intestate succession in accordance with the laws of your country of origin. If no such succession applies in your country, you are subject to Polish law.

The exemption from the obligation to obtain a permit applies both to the acquisition of real estate through intestate succession as well succession based on a will, as long as the persons called to succession under the will are also considered the intestate heirs. Determination of the intestate heirs is based on the law applicable in the deceased’s country of origin.

Please note! You must obtain a permit to acquire real estate by inheritance if you are entitled to testate succession and are not an intestate heir.

Conditions to be met to obtain a permit

The foreigner will be granted a permit if:

• the acquisition of real estate does not pose any risk to state defence, security or public order
• is not in contradiction to social policy and public health considerations
• you prove that there are circumstances which confirm your ties to the Republic of Poland.

The circumstances confirming the foreigner’s ties to the Republic of Poland may include, in particular:

• having Polish nationality or being of Polish origin
• marrying a citizen of the Republic of Poland
• holding a temporary residence permit
  • (except for a temporary residence permit for victims of human trafficking or due to circumstances requiring a short-term stay of a foreigner in Poland), or
  • a permanent residence permit, or
  • a long-term resident’s EU residence permit
• membership of a managing body of a controlled commercial company/partnership
• conducting economic or agricultural activity in the territory of the Republic of Poland in accordance with the provisions of the Polish law.

Please note! The area of real estate acquired by the foreigner to satisfy their living needs cannot exceed 0.5 ha.

If you are an entrepreneur and acquire real estate for the purposes of business, you must demonstrate that the acquisition of the real estate is related to the actual needs that arise from the nature of your business or agricultural activity.

How to obtain a promise to be granted a permit

You can apply for obtaining a promise to be granted a permit, i.e. a commitment letter. The commitment letter does not entitle you to acquire real estate, but if you apply for a permit during the validity period of the commitment letter and meet the conditions set forth in the commitment letter, the Minister of the Interior and Administration is obliged to issue a permit to you. The Minister may refuse to issue a permit if the facts relevant to the outcome of the case have changed.

The commitment letter specifies the conditions you must meet to be granted a permit.

The commitment letter is valid for 1 year.

The application for a commitment letter should meet the same requirements as those relevant to the application for a permit. This also includes the obligation to attach documents that prove your entitlement to acquire the real estate.

When you should complete this procedure

At any time.

Submit your application early enough to be granted the permit before your declaration of intent to dispose of the real estate and your residence card expire – if it confirms your ties to Poland.

Where you can complete this procedure

MINISTERSTWO SPRAW WEWNĘTRZNYCH I ADMINISTRACJI
ul. Stefana Batorego 5, 02-591 Warszawa

What to do step by step

1. Apply for a permit

Documents

Time limit

At any time.

Submit your application early enough to be granted the permit before your declaration of intent to dispose of the real estate and your residence card expire – if it confirms your ties to Poland.

2. The Ministry will formally verify your application

The Minister of the Interior and Administration will formally verify your application. Then the Minister will ask the Minister of National Defence for an opinion. If your application relates to an agricultural estate, the Minister will also ask the Minister of Agriculture and Rural Development for an opinion.

If your application has formal defects (e.g. you made a mistake in the application or did not attach the necessary documents), the Minister will request that you remove the mistakes. You will have at least 7 days to do so. If you fail to remove the mistakes within the set time limit, your case will not be processed.

Before granting you a permit, the Minister may request that you provide additional evidence and information. Such evidence and information will be necessary in order to process your application and verify if your case does not pose any risk to state defence, security or public order and if it is compliant with the national interest. If the Minister deems it necessary, they may require the relevant institutions to verify if your acquisition of real estate may pose the above risks.

In addition, the Minister may ask other state institutions or professional organizations for an opinion. The Minister may also request documents and information. These materials may be necessary to grant you a permit and to keep records of real estate, shares, acquired or subscribed for by foreigners.

3. The relevant institutions will issue their opinion on your application

The Minister of National Defence and the Minister of Agriculture and Rural Development (if the real estate you want to acquire is an agricultural estate) may also object to your application. If they do not do so within 14 days, the Minister of the Interior and Administration will continue to process your application.

If the situation so requires, the Minister of the Interior and Administration may extend the period for objection to 2 months. This is possible when a request for the extension is submitted by ministers who have the right to object.

If the ministers object, the Minister of the Interior and Administration will refuse to grant you a permit. The objection of the ministers is issued in the form of an order. If the grounds for the objection result from defence or national security reasons, you will not be provided with the justification for the refusal to be granted a permit.

Time limit

The time limit for objections by the Minister of National Defence and the Minister of Agriculture and Rural Development is 14 days, by other authorities – 30 days. However, the time limit may be extended to two months at the request of the verifying authority.

4. You will obtain a decision on granting a permit to acquire real estate

If you meet the requirements, you will be granted a permit to acquire real estate. The permit is issued in the form of an administrative decision. The Minister of the Interior and Administration may specify special conditions in the permit. In such a case, you can only acquire the real estate after you meet these conditions.

Your permit is valid for 2 years from the date of issue.

The Minister of the Interior and Administration may refuse to grant you a permit if:

• you do not meet the conditions under the regulations, such as lack of ties to Poland
• your application does not receive a positive opinion from the Ministry of National Defence or the Ministry of Agriculture and Rural Development.

If you have decided not to acquire the real estate or if the seller has changed their mind, inform the Minister, who will close the procedure.

Please note! If the procedure is closed without granting a permit, you are entitled to a refund of the stamp duty. To receive the refund, submit a relevant application to the Mayor of the City of Warsaw.

Documents

5. Submit an application for a certificate of finality of the decision

If the notary requires you to have a final decision from the Ministry of the Interior and Administration, submit an application to the Ministry for such a certificate. Attach to the application a proof of payment of the stamp duty for issuing the certificate in the amount of PLN 17.

How much you will have to pay

• PLN 1,570 – stamp duty for issuing a permit to acquire real estate as a foreigner
• PLN 98 – stamp duty for issuing a commitment letter
• PLN 17 – stamp duty for issuing a certificate

Where to pay: the stamp duty for the entry must be paid to the account of the Warsaw City Council, Taxpayer Service Centre. In the title of the transfer, indicate the purpose of the stamp duty.

• PLN 17 – stamp duty for the power of attorney (if applicable). However, powers of attorney granted to your husband, wife, children, parents, grandparents, grandchildren or siblings are free of charge.

Where to pay: if you are required to pay stamp duty for the power of attorney, pay the fee to the account of the Warsaw City Council, Taxpayer Service Centre.

Powers of attorney – practical tips (in Polish only).

How long you will have to wait

How can you appeal

If you are not satisfied with the decision issued by the Minister of the Interior and Administration, you can:

• apply to the Minister of the Interior and Administration to reconsider your case
• lodge a complaint against the decision directly with the court.

In your application for reconsideration, indicate why you disagree with the decision. Submit your application within 14 days from receiving the decision on the refusal to grant you a permit.

Remember that you can decide not to apply for reconsideration in writing. If this is done by all parties involved in the proceedings, the decision will become final sooner.

You can also lodge a complaint against the objection filed by the Minister of National Defence or the Minister of Agriculture and Rural Development. Submit an application for reconsideration to the relevant minister and, if it is not considered, lodge a complaint with the administrative court.

Good to know

If you acquire real estate without the required permit, the transaction will be invalid.

The invalidity of the transaction is decided by the court upon the request of:

• the head of commune/municipality (the mayor of the town/city) where the real estate is located
• the head of district
• the marshal of the province or the head of the province
• the Minister of the Interior and Administration.

For more information about the procedure for obtaining a permit, visit the website of the Ministry of the Interior and Administration.

The above information does not constitute a binding interpretation of the provisions of law. The Minister may take a binding position on the necessity or lack of necessity for a given entity to produce a real estate acquisition permit only by means of an administrative decision issued after conducting proceedings on issuing a real estate acquisition permit instigated at the application of a foreign national and on the basis of the established facts resulting from the complete evidence presented by the applicant.