Purchasing property by foreigners is governed by the provisions of the Act of 24 March 1920 on Purchase of Real Estate by Foreigners. The first article of the Act states general rule that a foreigner require a permit from the Minister of Internal Affairs to buy real estate.
This permit is issued upon the motion of a foreigner, for example, if acquisition of real estate does not pose threat to the defensiveness, national security or public order, and is not in contradiction with social policy and public health considerations or when the foreigner proves that there are circumstances confirming his/her bonds with the Republic of Poland. Such circumstances are Polish nationality or Polish origin, being married to a citizen of the Republic of Poland, a permit to reside for a definite time or to settle in Poland.
There are also some situations when a permit is not required. This is, for example, in a case of:
- acquisition of a separate apartment,
- acquisition of real estate by a foreigner residing in the Republic of Poland for at least 5 years following the granting of a permit to settle thereto,
- acquisition by a foreigner, who is a spouse of a Polish citizen and residing in the Republic of Poland for at least 2 years following the granting of a permit to settle thereto, of real estate that as a result of acquisition shall constitute marital estate of the spouses.
It is not obligatory to obtain a permit by foreigners who are citizens or entrepreneurs of Member States of the European Economic Area. But it does not apply to acquisition of agricultural and forest real estate, during the period of 12 years of the Accession of the Republic of Poland to the European Union and acquisition of second house, during the period of 5 years from the Accession. We would like to remind that the Accession took place on the first of May 2004.