While Poland is very receptive to foreign investment, there are some specific rules on the acquisition of real estate by foreigners. Whether or not you need a permit to buy property in Poland depends on who you are, the type of property, its location, as well as other circumstances. Below, I explain all these rules in depth, starting with the most important exemptions.
Who Doesn’t Need a Permit to Buy Property?
A permit to buy property in Poland is not needed for citizens of the European Economic Area (EEA) or Switzerland. The EEA countries are all the European Union countries plus Iceland, Norway, and Liechtenstein.
If you’re a citizen of one of these countries then you do not need to worry about getting permission to buy any type of property as a foreigner. Note that you may need other permits depending on the type of property (for example, for agricultural or forest land), but these are not related to foreigner status.
This same exemption applies to Polish companies as long as they are not “controlled” by foreigners of nationalities other than those above. In other words, they do not need a permit to buy property unless 50% or more of the company’s voting rights are controlled, directly or indirectly, by individuals who do not have EEA (including Poland) or Swiss citizenship.
As a result, a permit to buy property in Poland is needed for:
- non-EEA/Swiss citizens
- foreign companies (or other foreign organisations)
- Polish companies controlled by non-EEA/Swiss citizens
Do British Citizens Need a Permit?
Following Brexit, all British citizens do unfortunately need a permit to buy property in Poland. This holds true regardless of whether or not you are a Withdrawal Agreement beneficiary.
What Types of Property Are Exempt from a Permit?
Regardless of nationality, there are certain types of property that are exempt from needing a permit. They are as follows:
- a flat/apartment (in a multi-family building) if you plan to live in it
- a garage if it is to meet your living needs
- any property if you have been living in Poland for at least 5 years since obtaining a permanent stay permit or long-term EU residence permit
- any property if you have been living in Poland for at least 2 years since obtaining a permanent stay permit or long-term EU residence permit and have a Polish wife or husband
- any property if you stand to inherit it from an ascendant on the day of purchase
- any property if you are a mortgage holder and are receiving the property following an unsuccessful foreclosure
Unfortunately, there are exceptions to these exemptions. If you are not exempt from needing a permit by virtue of nationality (as described earlier), you will need a permit to buy properties near the border (see a full list of counties here) or agricultural land over 1 hectare.
The former can be particularly troublesome in some places. Gdańsk is a great example: located right on the coast, it’s considered near the border, and all foreigners who do not qualify for the nationality exemption will need a permit to buy property, even if it’s one of the types listed above.
What Are the Requirements for a Permit to Buy Property in Poland?
If your situation doesn’t fall under any of the exemptions above, you’ll need a permit to buy property in Poland. The basic requirements for a permit are that:
- your purchase will not endanger national security, public order, politics, or social wellbeing
- you have some connection(s) to Poland
Valid connections to Poland include:
- Polish nationality or ancestry
- Marriage to a Polish citizen
- A temporary, permanent, or long-term EU residence permit
- A management role in a Polish company
- A business/agricultural activity
If you’re purchasing property to meet your own living needs, it cannot include more than 0.5 hectares of land. In the case of property needed for a business activity, the permit should be justified with a genuine need to acquire the property.