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Can a Foreigner Buy a House in Poland?

Buying property in Poland can be an appealing option for foreigners, whether you’re looking to invest, relocate, or simply want a holiday home. However, the process can be complex, especially when it comes to understanding the legal requirements and restrictions that apply to non-citizens.

In this guide, we’ll explore the rules surrounding property ownership for foreigners in Poland, addressing who is considered a foreigner, the types of properties you can buy, and the steps involved in securing your new home in this vibrant country.

Who is considered a foreigner in Poland?

In Poland, the term “foreigner” typically refers to any individual who is not a Polish citizen. However, the legal distinction is more specific in certain contexts, especially when it comes to property ownership.

Foreigners can include individuals from other EU/EEA countries, as well as those from outside the EU. For citizens of EU and EEA member states, the definition is straightforward: anyone who is not a Polish citizen is considered a foreigner. However, this group still enjoys certain rights under EU law, including the ability to buy property in Poland with fewer restrictions compared to non-EU citizens.

Non-EU citizens are subject to stricter regulations when purchasing property in Poland. There are additional legal hurdles, and, in many cases, they need special permission from the Ministry of Internal Affairs and Administration to acquire real estate. This includes both residential and commercial properties, making the process more complex for non-EU nationals.

Thus, while the basic definition of a foreigner in Poland includes anyone who is not a Polish citizen, the specific legal implications depend on whether the person is from the EU, the EEA, or outside these regions.

Restrictions on foreign property ownership in Poland

Foreign property ownership in Poland is subject to certain restrictions, particularly for non-EU citizens. These rules are designed to regulate the acquisition of real estate by foreigners and ensure that the country’s property market remains accessible and fair.

For EU/EEA citizens

Citizens of EU and EEA countries typically face fewer restrictions when buying property in Poland. They can acquire real estate without the need for special permission from the Polish authorities. However, there are still some rules to follow.

For example, EU citizens are restricted from purchasing agricultural land unless they meet specific criteria, such as living in Poland for at least five years or intending to use the land for agricultural purposes themselves.

In addition, there are restrictions on the purchase of forested land, which is considered sensitive due to its environmental and economic importance.

For Non-EU citizens

Non-EU citizens generally face tougher rules when purchasing property in Poland. To acquire property, they’ll typically need permission from the Polish Ministry of Internal Affairs and Administration. This permission is not automatically granted and must be applied for through a formal process, which can take time.

In addition, there are a few key restrictions for non-EU citizens. This includes the fact that non-EU citizens are typically  not allowed to purchase agricultural or forest land unless they have been residing in Poland for at least five years, are married to a Polish citizen, or are legally employed in the country. Plus, non-EU citizens are often limited on the number of properties they can buy or the types of properties they are allowed to acquire. The process for obtaining approval for these purchases is also more complicated than for EU nationals.

These restrictions are in place to prevent the potential destabilisation of the local property market and to maintain control over land ownership, especially in sensitive sectors like agriculture and forestry.

Additional considerations

Whilst there are rules in place, foreigners can still purchase properties in Poland with the correct permissions, and the process is generally straightforward for EU nationals. Non-EU citizens, however, must carefully navigate the legal requirements to ensure their property purchases are compliant with Polish law. It is always advisable to consult with a legal expert familiar with Polish property law when considering a purchase as a foreigner.

What types of property can foreigners buy in Poland?

Foreigners in Poland can generally purchase a wide range of properties, but there are specific regulations that govern what types of real estate can be acquired, depending on the buyer’s nationality.

Generally, EU and EEA citizens have fewer restrictions and can purchase most types of property, including residential, commercial, and agricultural real estate. Non-EU citizens, on the other hand, face more complex rules, especially when it comes to agricultural and forestry land.

Regardless of nationality, it is always wise to seek legal advice and guidance to ensure compliance with Polish property laws when making a purchase.

For EU/EEA Citizens

EU and EEA citizens enjoy more flexibility when buying property in Poland. They can purchase residential, commercial, and industrial properties without facing significant restrictions. However, certain types of land are subject to additional rules:

  • Residential property: EU nationals can freely buy houses, flats, and other residential properties for personal or rental use.
  • Commercial property: Foreigners from the EU can purchase commercial properties, such as offices, retail spaces, and warehouses, with few restrictions.
  • Agricultural and forestry land: As mentioned earlier, EU citizens may purchase agricultural and forestry land, but they must meet specific conditions, such as having lived in Poland for at least five years or using the land for agricultural purposes.
  • Land for development: EU nationals can acquire land designated for development without special approval, subject to the usual planning and zoning regulations.

For Non-EU Citizens

Non-EU citizens face more stringent regulations when purchasing property in Poland. While they can buy residential and commercial real estate, there are more restrictions, especially around acquiring land.

  • Residential property: Non-EU nationals are generally allowed to buy residential property, such as apartments or houses, with the approval of the Ministry of Internal Affairs and Administration. The process can take time and requires submitting an application for permission to purchase the property. In most cases, this permission is granted if the buyer is a long-term resident or has strong ties to Poland, such as a Polish spouse or family connections.
  • Commercial property: Non-EU citizens can buy commercial properties in Poland, such as office buildings, retail outlets, or warehouses, provided they follow the required legal procedures and obtain the necessary permits.
  • Agricultural and forestry land: There are strict regulations governing the acquisition of agricultural and forestry land by non-EU nationals. In general, these individuals are not permitted to buy such land unless they have lived in Poland for at least five years, have Polish citizenship through marriage, or are legally employed in the country.
  • Land for development: Foreigners from outside the EU may purchase land designated for development, but they must follow the same legal procedures as for agricultural or forestry land, including obtaining permission from the Ministry of Internal Affairs and Administration.

How to buy property in Poland as a foreigner

To buy property in Poland as a foreigner, the process differs slightly depending on whether you’re an EU or non-EU citizen.

EU/EEA citizens can purchase property with fewer restrictions. They simply need to find a property, sign a preliminary agreement, and then, with the help of a notary, formalise the sale by signing the final agreement. The notary also registers the property in the land and mortgage register, officially transferring ownership.

Non-EU citizens, however, must first obtain permission from the Ministry of Internal Affairs and Administration to buy property, particularly agricultural or forestry land. This will involve submitting an application including personal details, the purpose of the property, and supporting documents such as proof of residency or employment in Poland. The Ministry will then review the application to ensure the buyer meets the criteria – the process can take a few weeks and approval is not guaranteed. However, if and when permission is granted, the buyer can proceed with signing a preliminary agreement, followed by the formal notary process. The final deed is also registered in the land and mortgage register, finalising the transaction.

Regardless of your nationality, it’s highly recommended to consult a Polish lawyer or real estate expert to ensure compliance with all local laws and procedures.


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