Check: Can you purchase real estate in Poland?

Concerns about the spread of military actions into Polish territory continue to worry the citizens of this country. This, in turn, prompts people to think more frequently about how to invest their money safely and where to flee in the event of war. In this regard, Spanish real estate is increasingly attracting the attention of Poles. But, could this trend potentially lead to a decrease in demand for purchasing property in Poland by Poles? Quite possibly. It could also lead to a halt in the rise of property prices in Poland. If You are considering purchasing property in this country, Your lawyer in Poland has prepared this useful material.

So, does a foreigner need to obtain permission to purchase an apartment or house in Poland? Let’s start from the opposite. In what cases is permission NOT required:

– A citizen or entrepreneur registered in one of the European Union countries, Iceland, Liechtenstein, Norway, or Switzerland (regardless of the origin of the capital) can immediately and freely acquire real estate. They do not need permission to acquire any property in Poland.
– When purchasing a so-called “independent residential premises” as defined by the Act of 24.06.1994 on the Ownership of Premises – this is a real estate object consisting of rooms and auxiliary premises (kitchen, bathroom) providing you with adequate housing conditions. Simply put – an apartment. This property may also include a basement or attic, even if they are not directly adjacent to it.
– Premises or parts of premises intended for a garage.
– Other real estate can be acquired without permission if you have been residing in Poland for at least 5 years from the date of obtaining a permanent residence permit or a long-term EU resident permit.
– Property that will become part of joint marital property if Your spouse has Polish citizenship, and You have been residing in Poland for at least 2 years from the date of obtaining a permanent residence permit or long-term EU resident permit.
– Acquisition of property from a person who has been its owner or perpetual usufructuary (właściciel wieczysty) for at least 5 years, and you are entitled to inherit from this person on the day of acquisition (e.g., a daughter/son acquiring property from one of the parents).
– Mortgage real estate after an unsuccessful auction within enforcement proceedings.
– Through inheritance (both by law and by will).

BUT! You also need permission to acquire real estate in the above cases if You are acquiring property located in a border zone or land plots larger than 1 hectare.

Remember, the exemption from the obligation to obtain permission applies to acquiring real estate through inheritance both by law and by will, provided (!) that the persons designated as heirs by will are also legal heirs. The determination of the circle of legal heirs is based on the national law of the decedent.

Attention! You need permission to acquire real estate through inheritance if You have the right to inherit only by will and do not fall within the circle of legal heirs.

If necessary, I invite You to use my legal services for preparing the document package for obtaining permission to acquire a land plot or real estate, as well as for appealing against the refusal to issue such permissions.