Acquisition of real estate in Poland by foreigners

Home > Acquisition of real estate in Poland by foreigners

Acquisition of real estate in Poland by foreigners

acquisition of real estate by foreignersPursuant to the Act on the acquisition of real estate by foreigners, a foreigner intending to purchase real estate in Poland is required to obtain a permit issued by the Polish Minister of Internal Affairs. Importantly, the scope of the Act covers all possibilities of acquiring the ownership of real estate, under any legal title. According to the Act, a “foreigner” is both a natural person without Polish citizenship as well as legal persons, and above all commercial law companies that most often purchase real estate in Poland. A foreigner is a legal person having its registered office abroad and an entity based in Poland, which, however, is controlled by foreigners.

To obtain the permit, a foreigner must meet the statutory conditions specified in the Act. It is also important that the permit to purchase real estate is issued at the request of a foreigner, and therefore the proceedings in the case are not initiated ex officio. However, in a situation where a foreigner acquires real estate without obtaining the consent of the minister, this action will be void and will not have any legal effects.

The Act provides for a number of exceptions to the obligation for foreigners to obtain a permit. From a practical point of view, the most important derogation from the necessity of obtaining consent by a foreigner is his / her status as a citizen or entrepreneur of a state that is a member of the European Economic Area (EEA) or the Swiss Confederation.

In practice, obtaining a permit is a long way and can take up to several months. We specialise in providing legal assistance to foreigners and will help you to go through the administrative procedure, from preparation of the application with all necessary attachments to obtaining of the permit.

Bearing in mind that at the application stage, it is necessary to obtain a declaration from the current owner of the property that he will sell the property, we will also help secure the transaction so that the owner does not withdraw from the contract. We are aware that the procedure for obtaining consent is discretionary and depends to a large extent on the case officer. In the event of refusal to grant a permit, we will therefore take all possible legal steps in the appeal procedure.

Mając również na uwadze, że już na etapie składania wniosku, niezbędne jest uzyskanie deklaracji aktualnego właściciela nieruchomości, o tym że sprzeda on nieruchomość, pomożemy również w zabezpieczeniu transakcji, aby właściciel nie wycofał się z umowy. Zdajemy sobie sprawę, że postępowanie o uzyskanie zgody jest uznaniowe i zależy w dużym stopniu od urzędnika prowadzącego sprawę. W sytuacji odmowy udzielenia zezwolenia, podejmiemy zatem wszelkie możliwe kroki prawne w procedurze odwoławczej.

In the field of matters related to foreigners, in particular we provide the following services:

  • we advise on the acquisition of real estate by foreigners,
  • we prepare applications for permits and help in collecting the necessary documents,
  • we conduct proceedings to obtain a promise, i.e. a promise to issue a permit to purchase real estate,
  • we represent clients in proceedings in the event of a refusal to grant a permit,
  • we determine the legal status of the property.

Our lawyers provide legal services in Polish, Russian and English.