How to acquire the right to own a home in Poland?

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02.07.2023 18:23 425

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Photo of 30.09.tana2002 Tatіana Mazur

According to Polish legislation, foreigners can purchase real estate. For this, a sales contract is concluded. The contract between the parties (buyer and seller) can be signed in the form of a civil law contract or through the mediation of a notary.

The contract can be signed immediately or in two stages:

  1. Preliminary contract of sale and then the main contract of sale. In the agreement, the notary specifies the procedure for settlements between the parties and the cost of notarial services in accordance with the rates specified in the orders of the Minister of Justice. According to the legislation, if the party does not know the Polish language at all, the presence of a sworn translator may be necessary.

  2. If cash is available (including funds on a bank card from which payments can be made), a sales contract can be signed immediately. The same can be done with confirmation from the bank regarding the granting of a loan.

Permission of the Ministry for the purchase of real estate in Poland:

The provisions of the legislation separately determine the procedure for buying real estate by a foreigner without the permission of the Minister of Internal Affairs and the procedure that requires such permission.

A permit is not required if a foreigner:

  1. plans to buy an apartment in an apartment building or a garage. You can buy real estate while staying in Poland on legal grounds (visa, residence permit or permanent residence, or residence permit of a long-term resident of the EU), or while staying outside Poland;

  2. has lived in Poland for at least 5 years from the date of obtaining a permanent residence permit or a long-term EU resident's residence permit;

  3. is married to a Polish citizen and has lived in Poland for at least 2 years (from the date of granting a permanent residence permit or a long-term EU resident's residence permit), and the purchased real estate will be jointly owned by the spouses;

  4. is a citizen or entrepreneur of countries that are parties to the European Economic Area Agreement or countries of the Swiss Confederation.

  5. Permission is required:

  6. If a foreigner wants to buy real estate (a house) built on land in Poland, or an apartment in the border zone, regardless of his legal status in Poland, he must obtain the permission of the Minister of Internal Affairs to purchase real estate.

The permit is issued:

  1. A permit for the purchase of real estate is issued by the Minister of Internal Affairs through an administrative decision based on a foreigner's application if:

  2. The acquisition of real estate does not pose a threat to defense capability, state security, or public order, and also does not contradict social policy and health protection;

There are circumstances that confirm his ties as a foreigner to the Republic of Poland. Such circumstances can be:

1) Polish nationality or Polish origin;

2) marital relations with a Polish citizen;

3) permission to:

a) temporary residence, with the exception of persons who received a residence card as a victim of human trafficking and as a person whose presence was required by public authorities in Poland;

b) permanent stay in Poland;

c) stay of a long-term EU resident;

4) membership in the management body of a business association or legal entity specified in Article 1, Clause 2: Subclause 4;

5) performing economic or agricultural activities on the territory of Poland in accordance with Polish legislation.

To obtain a permit to purchase real estate, you need:

  • Application

  • Certificate of payment of state tax in the amount of 1,570 Polish zlotys

  • Package of documents:

  • photocopy of the document certifying the identity of the buyer;

  • current legal documentation of real estate;

  • the seller's statement of readiness to sell real estate and a preliminary agreement, if such was concluded;

  • confirmation of the availability of financial means for the purchase of real estate and/or a certificate from the bank about creditworthiness;

  • a certificate from the Social Insurance Institution (ZUS) and the tax administration on the absence of arrears from mandatory contributions (Certificate of fulfillment of tax obligations to the State Treasury);

  • data and legal grounds for the purchase of real estate located on the territory of Poland, if it already belongs to a foreigner.

03.07.2023 15:41

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