Permission for the Acquisition of Real Estate by a Foreigner
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The application must be accompanied by documents in their original form or as copies certified as true copies. Certification can be done by:
✓ a notary,
✓ a representative of the party who is a lawyer, legal advisor, patent attorney, or tax advisor.
Documents drafted in a foreign language must be translated into Polish. The translation should be certified by a sworn translator.
▬ Documents Regarding the Property ▬
✓ Extract from the land and mortgage register or a certificate from the document collection,
✓ Extract from the land register along with an excerpt from the cadastral map,
✓ Official documents necessary to update the property designation if the information in the land and mortgage register is outdated,
✓ Extract from the valid local development plan, decision on the location of a public investment project, or a decision on zoning conditions. If there is no local development plan, a certificate from the relevant authority confirming this fact must be provided,
✓ Current statement from the seller expressing their willingness to sell the property, containing detailed information about the subject of the transaction.
Documents related to the property must be submitted in original form or as certified copies. They should be issued no earlier than 6 months before the date of the application submission.
▬ Documents Confirming the Legal Status of the Applicant ▬
✓ Natural persons – a copy or excerpt of a valid identity document confirming nationality, date, and place of birth, such as a passport or residence card.
✓ For property acquisition for business purposes – an up-to-date excerpt from the relevant register or records is also required.
✓ Commercial companies – a current excerpt from the relevant register is required. The document must not be older than 3 months from the date of submitting the application.
Official documents from abroad must be legalized or bear an apostille.
To apply for a permit to acquire real estate, the application must include a complete set of documents confirming both the legal status of the applicant and information regarding the property.
▬ Required Documents for Issuing a Permit to Acquire Real Estate ▬
▬ Promise – Commitment to Grant a Permit to Acquire Real Estate ▬
Individuals planning to purchase real estate in Poland may apply for a promise, which is a commitment to grant a permit. This document does not give the right to acquire the property, but it guarantees that if an application for a permit is submitted within its validity period and the specified conditions are met, the Minister of the Interior and Administration will be obliged to issue the permit. However, there is an exception – the minister may refuse to grant the permit if there has been a change in the factual circumstances that is significant for the case.
The promise contains detailed information about the conditions that must be met to obtain the permit. It is issued for a period of one year. The application for the promise must meet the same requirements as the application for a permit to acquire real estate, including providing all the documents confirming the right to purchase the property.
▬ When a Permit to Acquire Real Estate Is Not Required ▬
In some cases, a foreigner may acquire real estate in Poland without the need to obtain a permit. This applies when:
✓ they are a citizen or entrepreneur from a country belonging to the European Economic Area (EEA) or Switzerland,
✓ they are acquiring a residential unit,
✓ they are purchasing a garage or parking space, provided it is part of a property related to a building in which they reside,
✓ the property is inherited under statutory succession by a spouse, child, grandchild, or parent of the deceased, who holds Polish citizenship and has been living in Poland for at least 5 years from the moment the inheritance was acquired,
✓ the property is intended for business activity carried out by the foreigner continuously for at least 5 years in Poland,
✓ the foreigner has been residing in Poland for at least 5 years on the basis of a permanent residence permit or EU long-term resident status,
✓ the property is being acquired from a Polish spouse, and they remain in a marital property regime (joint ownership).
The Minister of the Interior and Administration may refuse to grant the permit if the conditions specified in the regulations are not met.
If the procedure is concluded without issuing a permit, you are entitled to a refund of the administrative fee.
If you disagree with the decision of the Minister of the Interior and Administration, you have the right to submit a request for the case to be reconsidered by the Minister of the Interior and Administration.
If you meet all the requirements, you will receive a permit to acquire real estate, which is issued in the form of an administrative decision. The Minister of the Interior and Administration may impose additional conditions that must be met before finalizing the purchase.
The permit is valid for 2 years from the date of its issuance.
▬ Application Review Process ▬
A permit to acquire real estate in Poland will be granted if specific conditions are fulfilled. Most importantly, the transaction must not pose a threat to national defense, state security, or public order. Additionally, it must not be contrary to principles of social policy or public health.
An additional criterion is demonstrating a connection with Poland, which can be documented by:
✓ having Polish nationality or origin,
✓ being married to a Polish citizen,
✓ holding a valid residence permit in Poland, including:
- temporary residence (excluding permits granted to victims of human trafficking or in other exceptional circumstances requiring short-term stay),
- permanent residence,
- EU long-term resident status,
- serving as a member of the management board of a commercial company,
- conducting business or agricultural activity in Poland.
Important: If the property is being purchased for residential purposes, its area must not exceed 0.5 hectares.
In contrast, if the property is intended for business activity, the applicant must prove that the acquisition results from genuine needs related to the nature of their business or agricultural operations.
▬ Who Can Submit an Application for a Permit to Acquire Real Estate ▬
The common understanding of the term "foreigner" as someone from another country is insufficient in the context of legal regulations. For this reason, the legislator has precisely defined the term in the relevant act.
According to Article 1, a foreigner is defined as:
✓ a natural person who does not hold Polish citizenship,
✓ a legal person with its registered office abroad,
✓ a company without legal personality, established under the laws of a foreign country, if its registered office is abroad and its partners are foreigners as defined above,
✓ a legal person or a commercial partnership without legal personality, based in Poland, if it is directly or indirectly controlled by foreigners.
▬ Formal Requirements for the Application for a Permit to Acquire Real Estate ▬
▬ Introduction ▬
If you are a citizen of a country outside the European Union, Switzerland, Norway, Iceland, or Liechtenstein and you plan to acquire real estate in Poland, you will need to obtain a permit from the Minister of the Interior. Below are the conditions that must be met and the procedure for applying for the required permit.
▬ About Us ▬
We are based in Poland and specialize in legal assistance for foreigners, providing support in proceedings before public administration authorities. Our goal is client satisfaction, which is why we offer professional services tailored to individual needs, taking into account urgent situations and the expectations of even the most demanding clients.
▬ We are here ▬
▬ Contact Us ▬
ul. Macieja Kamieńskiego 5A/18
80-171 Gdańsk
✉︎ kontakt@lex-arte.com