Buying property in Poland? Check whether you need an MSWiA permit.

A foreigner from outside the European Economic Area and Switzerland who acquires real estate in Poland, unless one of the exemptions in Article 8 of the Act of 24 March 1920 on the Acquisition of Real Estate by Foreigners applies. The exemptions do not apply in the border zone.

Yes, if it is a separate residential unit located outside the border zone (Article 8(1)(1)). In the border zone a permit is required even for an apartment.

Yes, a Ukrainian citizen can buy a commercial unit in Poland, such as a shop, office, practice or service premises. As a rule, however, the purchase requires a permit from the Minister of the Interior and Administration. Unlike a separate residential unit, an ordinary commercial unit is not exempt because of the type of property.

If the unit is outside the border zone, it can be bought without a permit in certain cases, for example when the buyer:

• has lived in Poland for at least 5 years since being granted a permanent residence permit or an EU long-term resident permit;
• is the spouse of a Polish citizen, has lived in Poland for at least 2 years since being granted one of those permits, and the unit is acquired into the spouses’ joint marital property.

A PESEL UKR number, temporary residence or running a business in Poland alone do not exempt the buyer from the permit requirement.

If the unit is in the border zone, these exemptions do not apply and a permit is required. Before buying, check the location and legal status of the unit and the buyer’s individual situation.

The statutory time limit for deciding an application is generally 1 to 2 months, and 1 month for property in a special economic zone. In practice the proceedings usually take 2 to 4 months, and longer in some cases. The time depends on how complete the documents are and on how long it takes to obtain the positions and opinions of the relevant authorities and services. We file the application within 3 business days of receiving complete documents.

The permit is issued by the Minister of the Interior and Administration, provided that the Minister of National Defence raises no objection, and for agricultural property also the minister responsible for rural development.

Official fees: PLN 1,570 for the permit, PLN 98 for a promise of permit and PLN 17 for the power of attorney. Our fee for running the proceedings starts at PLN 2,900 net (PLN 3,567 including VAT), payable on signing the engagement letter. Replies to the authority’s requests are included. Not included: sworn translations, notary and a possible request for reconsideration.

An acquisition of real estate by a foreigner in breach of the Act is null and void by law (Article 6(1)). Without the required permit a valid notarial deed cannot be drawn up and the entry in the land and mortgage register will be refused.

A promise of permit is a commitment to issue the permit, valid for one year. We recommend it before signing the preliminary agreement: it protects the buyer before committing to the purchase.

Not for the proceedings. We act under a power of attorney, you send documents electronically and we talk by phone, WhatsApp or video. The service is fully remote.

Not when inheriting by law. When inheriting under a will or by specific bequest, a permit is needed if you are not one of the statutory heirs. The application must be filed within 2 years of the opening of the succession. After that the property passes to the statutory heirs (Article 7(3)).