When a foreigner wants to purchase a real estate in Poland... - legal conditions

First, we should say that a foreigner may be able to buy a real estate in Poland, but, as a general rule, needs permission. In this article, we explain:

  • 'who' is a 'foreigner' in the meaning of the act of the acquisition of real estate by foreigners
  • and which authority issues the permission to acquire a real estate in Poland.
Legal basis:

One of the 'oldest' (in the literal sense of the word) Polish acts is the act of the acquisition of real estate by foreigners (1920). Of course, this act has been amended.

'Who' is a 'foreigner' in terms of the act of acquisition of real estate by foreigners? 

  1. Natural person who does not have Polish citizenship.
  2. Legal person headquartered abroad.
  3. Company of natural and legal persons headquartered abroad and established by the legislation of foreign countries.
  4. Legal person and trading company headquartered in Poland but directly or indirectly controlled by:
    • a natural person who does not have Polish citizenship
    • legal person headquartered abroad
    • company of natural and legal persons headquartered abroad and established by the legislation of foreign countries.
'Which' authority issues permission to acquire real estate in Poland?

The permit is issued by the minister responsible for internal affairs. The 'opposition' can be submitted by the minister of national defence and - in the case of agricultural property - the minister competent for rural development.

'When' the permission is issued?

The permission is issued on request of a foreigner if:

  1. the acquisition of real estate by a foreigner will not pose a threat to defence and will not endanger the security of the state and public order
  2. the acquisition is not opposed by social policy considerations and public health considerations
  3. if a foreigner proves his ties connecting him with the Republic of Poland.

The ties connecting a foreigner with the Republic of Poland are especially:

  1. marriage to a Polish citizenship
  2. possession of residence permit in Poland
  3. membership in the management body of a legal person and trading company (the trading company who does not have a legal capacity) headquartered in Poland and controlled by a natural person who does not have Polish citizenship, a legal person headquartered abroad, a company of natural and legal persons headquartered abroad and established by the legislation of foreign countries
  4. performing economic or agricultural activity on the territory of the Republic of Poland.

In a separate article, we will describe the exceptions to the above rule.

Amelia Konieczna - Bagińska
Miłosz Bagiński - Żyta 
attorneys-at-law