22.01.2020 – Can a foreigner buy a property located in Poland?

Yes. However, there are some restrictions.

A distinction should be made between the acquisition of a property (undeveloped land or land developed with, among others, a single-family house) and the acquisition of an independent dwelling (e.g. in a block of flats or a detached house). The rule is that a foreigner purchasing a property in Poland must obtain a permit, which is issued by way of an administrative decision issued by the minister in charge of internal affairs. This obligation, however, does not apply to the acquisition of an independent residential block of flats, i.e. the above-mentioned acquisition of a flat in a block of flats or a detached house. In this case, a foreigner may freely acquire an independent apartment. Also, no permit is necessary for the acquisition of a garage or a share in a garage if it is related to satisfying the housing needs of the buyer or owner of the property or flat.

The permit is also not necessary, inter alia, when a foreigner who has been residing in Poland for at least 5 years from granting them a permanent residence permit or a residence permit for a long-term resident of the European Union or by a foreigner who is the spouse of a Polish citizen and resides in Poland for at least 2 years from granting them a permanent residence permit or a residence permit for a long-term resident of the European Union property, which as a result of the acquisition will constitute a statutory joint property of the spouses. Moreover, a permit is not required for the acquisition by a foreigner of real estate entitled to statutory inheritance within the meaning of Polish law from the real estate seller, and the real estate seller is its owner or perpetual usufructuary for at least 5 years.