The short answer
The Act of 24 March 1920 on the Acquisition of Real Estate by Foreigners requires a permit from the Polish Minister of the Interior and Administration (MSWiA) for most purchases by foreigners from outside the European Economic Area and Switzerland. Article 8(1)(1) makes an exception for a separate residential unit, that is an apartment, located outside the border zone.
So if you are, for example, a US, UK, Canadian or Ukrainian citizen buying a flat in Warsaw, Kraków or Wrocław, you usually do not need a permit. Citizens of EU and EEA countries and Switzerland do not need one at all, with the exception of agricultural and forest land.
When the apartment exemption does not help
- The apartment is in the border zone. The border zone covers the municipalities along Poland’s land borders and the sea coast. There, a permit is required even for an apartment. How the border zone works
- It is a house, a plot or a commercial unit. A detached or terraced house, a building plot, an office or a shop requires a permit unless you qualify for a personal exemption.
- The buyer is a company. Purchases by companies, and buying shares in a company that owns property in Poland, follow separate rules.
Personal exemptions
Regardless of the type of property (outside the border zone), you do not need a permit if:
- at least 5 years have passed since you were granted a permanent residence permit or an EU long-term resident permit in Poland;
- you are the spouse of a Polish citizen, at least 2 years have passed since such a decision, and the property is bought into your joint marital property.
A PESEL number, a temporary residence permit or running a business in Poland do not exempt you.
What we check before you sign
- whether the unit is legally a separate residential unit, using the land and mortgage register (księga wieczysta);
- whether the property lies in the border zone;
- the register entries: owner, mortgages, easements and other encumbrances;
- for a new build, the developer agreement: deadlines, penalties, handover and protection of your payments.
The pre-purchase review takes 3 business days. If a permit turns out to be necessary, we run the proceedings: the application is filed within 3 business days of receiving complete documents, and the proceedings usually take 2 to 4 months.
