Residence

Citizenship

Real Estate

Country information

Population: 36.690 Mill hab Aprox.

Capital: Warsaw.

Official Language: Polish.

Income percapita: $47.450 Dólares PPA.

Foreigners’ Ability to Buy Property in Poland:

Foreigners can generally buy property in Poland, but the rules differ based on whether you are from an EU/EEA country or a non-EU/EEA country.

a. Foreigners from the EU/EEA/Switzerland

• No restrictions: Citizens of the European Union (EU), European Economic Area (EEA) countries, or Switzerland do not face any restrictions on buying real estate in Poland. They can purchase property just like Polish citizens, including residential, commercial, or agricultural properties.

b. Foreigners from Non-EU/EEA Countries

• Permission required: If you are from a non-EU/EEA country, you generally need permission from the Minister of the Interior and Administration to purchase real estate in Poland, especially for residential or agricultural properties. However, there are exceptions and some properties that are exempt from this requirement.

• Permission for residential property: To purchase residential property, non-EU citizens need to apply for permission from the Ministry. This is particularly true if the property is located in a rural area or if it is agricultural land.

• Permission for agricultural land: The rules are more restrictive when it comes to purchasing agricultural land. In most cases, foreigners are not allowed to purchase agricultural land unless they meet specific conditions, such as having lived in Poland for at least 5 years (in some cases) or intending to use the land for farming.

Exceptions to the Permit Requirement for Non-EU/EEA Nationals:

Some situations may allow non-EU/EEA nationals to purchase property without needing special permission:

• If you are a permanent resident of Poland or hold a valid residence permit.

• If you have lived in Poland for at least 5 years continuously with legal status, this may make you eligible to buy property, especially agricultural land.

• If you are married to a Polish citizen, the foreign spouse may be able to buy property without requiring special permission.

Types of Property You Can Buy:

• Residential Property: Foreigners can buy apartments, houses, or other residential properties in Poland, but non-EU nationals may need special approval for properties in rural areas or agricultural land.

• Commercial Property: There are generally fewer restrictions on foreigners purchasing commercial real estate, such as office buildings, shops, or industrial properties. Non-EU citizens may need permission for such purchases, depending on the type of property and intended use.

• Agricultural Land: Purchasing agricultural land as a non-EU national is heavily restricted, and you must seek permission from the Ministry of the Interior and Administration. If granted, you may be required to demonstrate that you intend to use the land for farming or agricultural purposes. In addition, Poland has strict laws about how much agricultural land one individual or entity can own.

The Process of Buying Real Estate in Poland:

Here are the general steps involved in purchasing property in Poland:

Step 1: Research and Find Property

• Start by looking for properties in your desired location (online real estate platforms, local agencies, etc.).

• If you're a non-EU citizen, check the zoning and property type to ensure that you can legally purchase it.

Step 2: Obtain Permission (if necessary)

• If you are a non-EU citizen, you may need to apply for permission from the Ministry of the Interior and Administration before you can purchase property. This process can take several weeks to months, so be prepared for potential delays.

Step 3: Sign a Preliminary Agreement

• Once you have found a property and confirmed you can legally purchase it, you will typically sign a preliminary agreement (umowa przedwstępna) with the seller. This agreement outlines the conditions of the sale, such as the price, deposit, and closing date.

• You will typically pay a deposit (usually 10% of the property price) at this stage.

Step 4: Notary Agreement

• The final step is signing the notarial deed (umowa notarialna) at a Polish notary’s office. The notary will draw up the final contract and officially transfer the ownership of the property. The notary ensures that the sale is in compliance with Polish law.

Step 5: Land and Mortgage Register

• After signing the notarial deed, the property will be officially transferred to you and registered in the Land and Mortgage Register (Księga Wieczysta). This step guarantees your legal ownership of the property.

Step 6: Pay Taxes and Fees

• Property Transfer Tax: In Poland, when buying real estate, you must pay a 2% property transfer tax based on the purchase price (this tax is usually paid by the buyer).

• Notary Fees: You will also pay for the notary's services and registration fees. The notary fee varies, but it can be around 1-2% of the purchase price.

• Other Costs: There might be additional costs such as legal fees (if you hire a lawyer), property maintenance costs, and insurance.

Financing the Property Purchase:

Foreigners can usually finance their property purchase in Poland through a mortgage from a Polish bank, but this will depend on several factors:

• EU/EEA citizens: Banks in Poland typically offer mortgage loans to citizens of the EU/EEA countries.

• Non-EU citizens: It can be more challenging for non-EU citizens to obtain a mortgage in Poland, though it is possible. Non-EU nationals are typically required to provide a larger down payment (usually 20-30% of the property value), and the bank will assess your financial stability and residence status.

Legal Considerations:

When buying property in Poland, especially as a foreigner, you may want to hire a real estate lawyer who can help you:

• Review the property title and verify there are no encumbrances or debts associated with the property.

• Ensure that all necessary permits and paperwork are in order.

• Assist with the translation of contracts and documents (if you're not fluent in Polish).

Summary of Key Points:

• EU/EEA/Swiss citizens: No restrictions, can buy property freely.

• Non-EU/EEA citizens: Need permission from the Ministry of the Interior and Administration to buy residential or agricultural property. Commercial property may have fewer restrictions.

• Agricultural land: Heavily restricted for non-EU nationals.

• Taxes and Fees: 2% property transfer tax, notary fees, and registration fees.

• Mortgage: Mortgages are available but may require a larger down payment for non-EU nationals.

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