Do I need to demonstrate ties to the Republic of Poland (and how do I do this)?

The ties of a foreigner to the Republic of Poland are various forms of connections that can affect the ability to obtain permits, including permission to acquire real estate. Defined in the Act of March 24, 1920, on the Acquisition of Real Estate by Foreigners, these ties may include: Marriage to a Polish citizen: A foreigner who is the spouse of a Polish citizen may be recognized as having stronger ties to Poland. Having Polish descent: Individuals with Polish roots or heritage may be seen as having closer ties to Poland. Permanent residence in Poland: A foreigner who resides in Poland permanently may demonstrate stronger ties to the country. This may include holding a permanent residence card or a long-term EU resident permit. Conducting business in Poland: Having a registered and actively operating company in Poland may be considered a significant connection to the country. Conducting agricultural activities: A foreigner engaged in agricultural activities within the territory of Poland may demonstrate stronger ties to the country. Other social or economic connections: These may include, for example, long-term employment, studies, or other forms of involvement in the social or economic life of Poland.

Acquisition of real estate by foreigners, Purchasing real estate by foreigners in Poland

Kancelaria Prawna Capital Legal

Purchase of real estate by foreigners in Poland

Permission for acquisition of real estate by a foreigner is a necessary document that a foreigner is required to present to the notary for the transfer of ownership of the property.

According to the Act on the Acquisition of Real Estate by Foreigners, a foreigner intending to acquire real estate in Poland is required to obtain permission issued by the minister responsible for internal affairs (MSWIA). Importantly, the scope of the Act covers all possibilities of acquisition of real estate by foreigners, under any legal title.

In the event that a foreigner acquires real estate without obtaining consent from the Minister of Internal Affairs and Administration, the transaction will be null and void and will not have any legal effects. Consequently, the transfer of ownership will not take place, and therefore the foreigner will not obtain legal title to the property.

Our offer

Acquisition of real estate in Poland by foreigners – law firm Warsaw

Every property is unique, and the proceedings regarding the acquisition of real estate by a foreigner may vary depending on many factors. We approach each case individually, carefully analyzing the specific circumstances of the case and the Client’s situation.

Our goal is not only to obtain permission but also to minimize the time and costs associated with the procedure. Through close cooperation with the Client, we develop an effective strategy that increases the chances of successfully obtaining permission for the acquisition of real estate by a foreigner. Our team demonstrates professionalism and determination to achieve satisfactory results in every case.

Our approach is based on a precise legal analysis of the property and the personal circumstances of the applicants, followed by proposing a solution that maximizes the likelihood of obtaining a positive decision.

Permission for the Acquisition of Real Estate by a Foreigner – what documents should be submitted to the Ministry of Internal Affairs and Administration (MSWIA)?

To obtain permission for the acquisition of real estate in Poland, a foreigner must meet the statutory conditions outlined in the Act on the Acquisition of Real Estate by Foreigners and the Regulation of the Minister of Internal Affairs regarding the specific information and types of documents that a foreigner is required to present when applying for permission to acquire real estate.

In practice, the documents that a foreigner should submit to the Ministry of Internal Affairs and Administration (MSWIA) along with the application for the acquisition of real estate by a foreigner can be divided into three groups:

documents related to the property, including a statement from the seller of the property,
documents related to the personal situation of the applicant,
financial documents related to the funds for the acquisition of the property.

How can we help you

Lawyer Acquisition of Real Estate by Foreigners Warsaw

Capital Legal, as a law firm specializing in the acquisition of real estate by foreigners in Warsaw, provides legal assistance to foreigners and will help you navigate the administrative procedure, starting from the preparation of the application along with all necessary attachments to obtaining the permission.

Considering that it is necessary to obtain a declaration from the current owner of the property stating that they will sell the property at the application stage, we will also assist in securing the transaction to prevent the owner from withdrawing from the agreement. We understand that the procedure for obtaining permission is discretionary and largely depends on the official handling the case. In the event of a refusal to grant permission, we will therefore take all possible legal steps in the appeal process.

In matters related to foreigners, Capital Legal provides the following services in particular:

We advise on matters related to the acquisition of real estate by foreigners,
We prepare applications for obtaining permission for the acquisition of real estate by a foreigner and assist in compiling the necessary documents,
We conduct proceedings to obtain a promise, which is a commitment to issue permission for the acquisition of real estate by a foreigner,
We represent clients in proceedings in the event of a refusal to grant permission for the acquisition of real estate by a foreigner,
We submit applications to expedite the consideration of the application for the acquisition of real estate by a foreigner,
We represent clients in matters concerning the acquisition of shares in a company by a foreigner,
We conduct due diligence of real estate.

Law firm in Warsaw purchase of real estate by foreigners

Permission for the acquisition of real estate by a foreigner – how long does the procedure take?

In practice, obtaining permission for the acquisition of real estate by a foreigner can be time-consuming and may take several months.

From our experience, the minimum time to obtain a decision is 2 months from the date of submission of the application for the acquisition of real estate to the Ministry of Internal Affairs and Administration (MSWIA). The maximum time can take up to 10 months; however, these are generally exceptions to the rule. Permission for the acquisition of real estate is issued at the request of the foreigner, meaning that the proceedings do not commence ex officio, for example, after signing a development agreement. When, then, should an application for the acquisition of real estate by a foreigner be submitted? From our practice, it appears that as soon as possible, primarily due to the time required to conduct the administrative procedure.

Applications are processed in the order of their submission; however, in exceptional circumstances, for example, when the deadline for concluding the transfer of ownership agreement is approaching, there is also the possibility of submitting a request to expedite the consideration of the application for the acquisition of real estate by a foreigner.

Of course, the time frame does not include periods resulting from the fault of the party, such as due to an imprecise formulation of the application or the failure to provide documents to the MSWIA. The period of suspension of the proceedings is also not included.

To expedite the issuance of the decision and minimize the risk of requests for supplementary information from the MSWIA, we primarily recommend:

Preparing the application as precisely as possible, taking into account the requirements imposed on applicants by the Act, regulations, and the practices of MSWIA officials,
Gathering all necessary attachments, describing them, and attaching them to the application,
Providing a detailed description of all financial matters concerning the applicants, along with the submission of appropriate evidence to support the claims,
Providing a precise description of the property that is the subject of the application,
Carefully presenting all arguments indicating the applicant’s (applicants’) ties to Poland,
Providing precise responses to requests for supplementary information from the MSWIA (if issued).

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Why us

What do you gain by entrusting us with the proceedings regarding the acquisition of real estate by a foreigner?

Experience

We have conducted dozens of proceedings regarding the acquisition of real estate before the MSWIA, allowing us to guide you quickly and efficiently through the entire administrative procedure.

Individual approach

We will treat your case individually. We do not use ready-made “templates”; the situation of each buyer and each property is different.

Direct contact

We are available to answer your questions and dispel any doubts regarding the proceedings before the MSWIA. At every stage of the process, we will be at your disposal.

Commitment

We are committed and care about your satisfaction and peace of mind. We will do everything to ensure that you feel confident your case is in good hands.

Acquisition of Real Estate by Foreigners – What is the cost of the application?

The acquisition of real estate by a foreigner involves costs that include:

1 570 zł – the tax fee for issuing permission for a foreigner to acquire real estate,
98 zł – the tax fee for issuing a promise of permission (in the case of applying for a promise),
17 zł – the tax fee for the power of attorney (the tax fee should be paid into the account of the City of Warsaw – Taxpayer Service Center. We recommend that the transfer title clearly specifies the applicant),
17 zł – the tax fee for issuing a certificate.

Kancelaria Prawna Capital Legal

Acquisition of Real Estate by Foreigners – When is it worth appealing a negative decision?

We are aware that the proceedings for obtaining permission to acquire real estate by a foreigner are discretionary and largely depend on the analysis conducted by the administrative authority. We have often participated in proceedings where the applicant was called upon to provide certain information and documents when it did not seem necessary. However, it is important to always keep in mind that the authority conducting the proceedings may have a different perspective on the factual state of the case and the range of documents necessary for its consideration.

In the event of a refusal to grant permission, we will take all possible legal steps in the appeal procedure. The applicant should remember that in the case of a negative decision, they have the right to have the case reconsidered. This application is submitted to the same authority that issued the original decision, namely the MSWIA.

FAQ

Frequently Asked Questions

As a rule, no, the procedure for acquiring real estate by foreigners is the same for all citizens outside the EU. From our experience, the MSWIA will closely examine the legality of obtaining the funds for the acquisition of the property.

The area of real estate acquired by a foreigner to meet their living needs may not exceed 0.5 hectares.

The ties of a foreigner to the Republic of Poland are various forms of connections that can affect the ability to obtain permits, including permission to acquire real estate. Defined in the Act of March 24, 1920, on the Acquisition of Real Estate by Foreigners, these ties may include:

Marriage to a Polish citizen: A foreigner who is the spouse of a Polish citizen may be recognized as having stronger ties to Poland.

Having Polish descent: Individuals with Polish roots or heritage may be seen as having closer ties to Poland.
Permanent residence in Poland: A foreigner who resides in Poland permanently may demonstrate stronger ties to the country. This may include holding a permanent residence card or a long-term EU resident permit.
Conducting business in Poland: Having a registered and actively operating company in Poland may be considered a significant connection to the country.
Conducting agricultural activities: A foreigner engaged in agricultural activities within the territory of Poland may demonstrate stronger ties to the country.
Other social or economic connections: These may include, for example, long-term employment, studies, or other forms of involvement in the social or economic life of Poland.

Before signing the preliminary agreement, you should start gathering information and materials that will assist in preparing and submitting the application. This will certainly speed up the procedure with the Ministry of the Interior and Administration (MSWIA).

As a rule, it does not require a permit; however, remember that the acquisition must be related to satisfying the housing needs of the buyer or the owner of the property or a separate residential unit

We recognize that the consent process is discretionary and depends largely on the officer's analysis of the issue being issued. We have repeatedly participated in proceedings in which the applicant was required to submit specific information and documents when it did not seem necessary. However, always bear in mind that the authority conducting the proceedings may have a different view of the facts of the case and the scope of documents submitted for consideration.

Therefore, in the event of refusal to grant permission, we will take all possible legal steps in the appeal procedure. The applicant should remember that in the event of a negative decision, he or she has the right to have the case reconsidered. This application is submitted to the same authority that recognized the original decision, i.e. to the Ministry of Interior and Administration.