Permission of the Polish Interior Ministry to purchase real estate: everything a foreigner needs to know

Over the past five years, the number of foreigners who have received permission to purchase real estate in Poland has increased by 43%. This fact indicates the growing attractiveness of the Polish real estate market for foreign investors and expats. However, the process of acquiring real estate in Poland for foreigners has its own characteristics, and professional advice is indispensable here. That is why we turned to market expert Galina Kharlamova for answers.

Permission from the Ministry to purchase real estate in Poland: all the details and nuances

— How can a foreigner buy an apartment or a house in Poland? Are there any nuances in the legislation that you need to know about in advance?

— Before buying real estate abroad, you need to understand that each country has its own peculiarities of legislation that regulate this process. In Poland, there is a law on the acquisition of real estate by foreigners (Ustawa z dnia 24 marca 1920 r. o nabywaniu nieruchomości przez cudzoziemców). If you do not take into account law firms, then foreigners are considered to be citizens of countries outside the European Union, and those who do not have Polish citizenship. 

According to the legislation, a foreigner wishing to buy real estate in Poland must obtain permission from the Ministry of Internal Affairs and Administration with the consent of the Minister of National Security, and in the case of agricultural real estate — also with the consent of the Minister of Agriculture and Rural Development. It turns out that a foreigner who wants to buy a house on a plot of land, a plot of land, commercial real estate or a townhouse needs permission from the Ministry of Internal Affairs. Apartments can be bought without restrictions, but there are also nuances here.

Let me tell you more about buying an apartment, because this is the most frequent request. When a buyer purchases an apartment in an apartment building, he also buys a part of the land on which this house stands. In this case, the foreign buyer does not need any permission from the Ministry of Internal Affairs. But there are situations when the developer, during the construction of the house, also built a highway near this land plot, or it is a large residential complex where there are internal roads. 

In the above case, the buyer purchases not only an apartment with a part of the land plot, but also a part of the road. At the same time, the highway belongs to commercial real estate, which means that its acquisition requires permission from the Ministry. When buying an apartment on your own, you need to be very careful here, because in this case, without the permission of the Ministry, you simply will not be able to register ownership of your property with a notary.

More recently, in my practice, there was a case when in the contract of sale the property was listed as lokal mieszkalny (apartment), and it seems that no permits are needed. But in the seventh paragraph it is written that a part of the highway is being sold along with the apartment for 123 zlotys, and the buyer is obliged to purchase it — and therefore obtain permission from the Ministry of Internal Affairs to purchase it.

Note: Citizens of the European Economic Area (EEA) and Switzerland are exempt from the need to obtain a permit to purchase most types of real estate, with the exception of agricultural land and real estate in border areas. And British citizens must obtain a permit on a general basis from January 1, 2021.

— Why do you need such a permit? What is the Ministry of Internal Affairs checking? 

— The first thing the Ministry will check is whether such a purchase does not contradict the geopolitical or strategic interests of the country. In Warsaw, as a rule, there is no hitch at this point: this is not a border area, there is no Baltic Sea or other strategically important facilities. That’s why everything goes smoothly here.

And the second thing that the Ministry will check is whether the buyer has a connection with Poland. And here the most questions arise, but not from the state, but from the buyers. Clients mistakenly think that at this point they are obliged to provide a family connection with Poland, but in fact this is not the case. Today, in order to confirm your connection with the country, it is enough to live here for more than six months, officially work, have a permanent source of income and confirm all this with a visit card (temporary or permanent residence permit). 

Note: foreign legal entities are also subject to the law on the acquisition of real estate by foreigners. There are additional requirements for them, such as providing financial statements and confirming the legality of their activities in Poland.

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Features of buying townhouses by foreigners

— Townhouses are quite popular among buyers in Warsaw. Are there any special features when foreigners buy this particular property?

— A townhouse is essentially a residential building with several multi—level apartments, usually with a separate entrance for each. There are two legal forms for registration of such real estate in Poland:

• A house in the blizniak or szeregowiec development (dom w zabudowie blizniaczej lub szeregowej). This usually applies to houses with two or more apartments. In this case, the townhouse is designed as a house with a plot of land owned and it is necessary to obtain permission from the Ministry to purchase it. Such multi-level townhouses are separated by two walls.
• Lokal mieszkalny. This, in fact, is a two- or more apartment building. Townhouses have a common wall, and each buyer buys an apartment. The permission of the Ministry of Internal Affairs is not required here.

Externally, such townhouses are no different. In order to understand that you are purchasing a lokal mieszkalny or a house in the bliźniak or szeregowiec development, you need to read the legal and technical documentation.

Many clients do not know about this possibility before contacting our agency and do not even consider townhouses for purchase. Most often, people have heard somewhere that the Ministry’s permission is required, but in fact it turns out that this is not always the case.

At the same time, citizens from Eastern European countries are becoming buyers of real estate in Poland more and more often, and local developers have oriented themselves in time, registering townhouses as apartment buildings. As a result, the segments of townhouses are apartments according to documents, but in fact they are actually their own part of a detached house with a private plot.

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Reasons for refusal of permission

— Have there been any refusals from the Ministry for the purchase of real estate by a foreigner in your practice?

— A foreigner can receive both a refusal and permission from the Ministry to purchase real estate in Poland. But for a positive decision, you need to clearly understand exactly which documents need to be prepared. We have been working with one lawyer for many years, who knows by heart “in alphabetical order” the entire list of documents.

At the same time, it is important to understand that the Ministry does not give a general permit, but for a specific real estate object. That is, first the buyer must conclude a preliminary notarial contract of sale, make a deposit, and only then submit documents for obtaining a permit. 

In case of refusal by the Ministry, the deposit is not returned to the buyer, and this is a big risk for the buyer. That is why in our agency, before signing a preliminary purchase and sale agreement, we consult with the same lawyer who pre-checks the availability of all necessary documents. This ensures the safety of our customers’ money.

In my practice, there was a case when the buyer decided to save money on a lawyer and get this permission on his own. And it is indeed possible, but there is one caveat: the Ministry of Internal Affairs has the right to respond within two months from the date of filing the application. And, for example, if some document is missing, the Ministry asks to send it in a separate letter. As soon as the buyer sends it, the response period of the Ministry of Internal Affairs is reset to zero, and they again have two months to respond. 

As a result, in that situation, the buyer received permission from the Ministry to purchase for about six months, and the seller was, to put it mildly, not happy with this state of affairs. Imagine if you were selling an apartment and found a buyer, but the deal would take place only six months later.

Let’s summarize what has been said in the form of a visual table:

* Citizens of the EEA and Switzerland do not need a permit (except agricultural lands and border areas).

Frequently asked questions about buying real estate in Poland by foreigners

Do I need a permit to buy an apartment in Poland if I am not an EU citizen?

As a rule, a permit is not required to purchase an apartment. However, if you purchase a share in a land plot or other objects (for example, parking) together with an apartment, you may need a permit from the Ministry of Internal Affairs.

How long does it take to obtain a permit from the Ministry of Internal Affairs to purchase real estate?

The standard period for reviewing an application is up to 2 months. However, this period may be extended if additional checks or documents are required.

Can I buy a townhouse without permission from the Interior Ministry?

It depends on the legal status of the townhouse. If it is decorated as an apartment (lokal mieszkalny), a permit is not required. If it is decorated as a house (blizniak or szeregowiec), permission from the Ministry of Internal Affairs will be required.

What documents are needed to confirm the connection with Poland?

This can be a visa card (residence permit), marriage documents with a Polish citizen, proof of doing business in Poland, documents of Polish origin and others, depending on your situation.

Are there any restrictions on the area of the purchased property?

Yes, for residential purposes, without additional justification, you can purchase real estate with an area of up to 0.5 hectares. For a larger area or for commercial purposes, additional justification will be required.

What happens if you buy a property in Poland without the necessary permission?

A transaction made without the necessary permission is considered invalid. This can lead to serious legal and financial consequences.

Do UK citizens need permission after Brexit?

Yes, from January 1, 2021, British citizens must obtain a permit on a general basis, unless they fall under the exceptions listed in the law.

Author

Marina Kremer

He has more than 18 years of experience in the field of journalism. From 2005 to 2010, she studied at the Skaryna University at the Faculty of Philology, having received a degree in “Teacher of Russian language and Literature, linguist”. Since 2005, she worked first as a presenter at a radio station, and then as a correspondent for the mobile news service of the Gomel shopping mall. From 2011 to 2012, she worked as a journalist on the platform Hata.by From 2012 to 2021, she worked as a journalist on the platform Realt.by . Later, she worked here as an editor and presenter of the company’s YouTube channel. From 2021 to 2023 – Editor-in-chief of the platform Realting.com .

Co-author

Yulia Yanukovych Editor-in-Chief

I am responsible for the work of the editorial office. I write expert interviews and guides.

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