How can a foreigner buy property in Poland?

25.05.2024
How can a foreigner buy property in Poland?
25.05.2024
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The procedure for buying and registering real estate by foreigners in Poland

Buying real estate in Poland by foreigners involves following a certain procedure that ensures the legality of the transaction and the protection of the rights of each party. The following are steps that will help foreigners in the process of buying a property:

  1. Choosing a property and getting to know the market. First of all, a potential buyer must determine the type of property that interests him: an apartment, a house, a plot of land, etc.
  2. Checking the legal status of the property. Before buying, you should make sure that there are no legal obstacles and burdens on the selected property.
  3. Obtaining permission to purchase certain types of real estate. Foreigners from countries outside the EU may require special permission to purchase real estate in Poland from the Ministry of Internal Affairs.
  4. Preparation and signing of a preliminary contract. After selecting the property and checking all the details, a preliminary purchase agreement is usually drawn up, which fixes the terms of the deal and the deposit.
  5. Finalizing the deal. The final purchase agreement is signed in the presence of a notary. At this stage, the buyer pays the remaining amount and the seller transfers ownership.
  6. Registration of ownership. After signing the contract, the buyer must register his ownership in the local real estate register to become an official owner.
  7. Preparation of necessary documents. This stage includes the preparation and submission of all necessary documents for the registration of ownership.
  8. Payment of taxes and fees. The buyer is obliged to pay civil transaction tax (if any), notary fees for processing the transaction and a registration fee for making changes to the real estate register.
  9. Insurance registration. Although this is not a requirement, it is recommended to take out real estate insurance against various risks, such as fire, flood, vandalism, etc.
  10. Registration of public services. After registering ownership, the new owner must also re-register all utilities related to the property in his own name.

Important aspects

  • Verification of building and building permits. When buying a plot of land or property during the construction phase, it is important to ensure that all necessary building permits have been obtained and are valid.
  • Consultation with professionals. It is always recommended to seek advice from experienced realtors, real estate lawyers and financial advisors to ensure that all documents are processed correctly and avoid possible legal risks.

When do foreigners need permission to buy real estate?

Foreigners who want to buy property in Poland need a special permit in some cases. These requirements are due to the desire of the Polish state to control the distribution of ownership of strategically important facilities and lands. Here are the main situations when a permit is required:

  • Buying a plot of land. Foreigners who are not citizens of the European Union or the European Economic Area often require permission to purchase land, especially if they are located in border zones or belong to agricultural land.
  • Acquisition of strategically important real estate. These may include properties located in areas important for national security, as well as historic buildings or properties that have cultural value.
  • Buying real estate through a legal entity. Foreign legal entities based outside the EU or EEA may require permission to purchase property, even if the actual owners are EU nationals.
  • The first purchase of real estate in Poland. Sometimes foreigners who buy property in Poland for the first time and do not have a permanent place of residence in the country may be faced with the need to obtain a permit depending on the type and location of the property.

The procedure for obtaining a permit

To obtain permission to purchase real estate in Poland, a foreigner must apply to the Ministry of Internal Affairs or the relevant regional office. The application is accompanied by documents confirming the applicant's identity, a description of the property, the justification for the purchase, as well as other documents that may be requirements for a particular case.

Cases where permission is not required:

  • EU and EEA citizens. As a rule, citizens of the European Union and the European Economic Area have the right to buy real estate in Poland without a special permit, thanks to the rules for the free movement of capital.
  • Apartments and houses in cities. Foreigners are free to buy apartments (including a share in the land on which the building is located) and houses in urban areas without the need for a permit, except when the property is strategically important or located in a border zone.

Buying property in Poland by a foreigner — procedure and documents

Buying property in Warsaw (Poland) foreigners require a certain procedure and the submission of relevant documents in order to obtain permission from the Polish authorities. Here are the key steps in this process:

Step 1. Applying for a permit with the required documents

The first step is to apply to the Polish Ministry of Internal Affairs and Administration (MSWIA) for permission to purchase real estate. The following documents must be attached to the application:

  • An extract from the real estate register confirming information about the property.
  • A certificate of the applicant's financial condition, including proof of ability to pay for the purchase.
  • Justification of the need to buy real estate in Poland.

Other documents that may be requirements for obtaining a permit.

Step 2. MSWIA application review

After submitting an application, MSWIA conducts a detailed review of the submitted documents and information about the applicant. This stage may include requests for additional documents or clarifications.

Step 3. Making a decision on an application

Based on the review, MSWIA decides whether permission to purchase the property will be granted. This opinion may be positive (permission granted) or negative (refusal to grant permission).

Step 4. Obtaining permission

In case of a positive decision, the applicant receives permission to purchase real estate. This document is an official permit to carry out a purchase and sale transaction and is required for the further registration of real estate in the name of a foreigner.

Obtaining a permit is a key step in the process of buying real estate in Poland by foreigners and allows us to proceed with the finalization of the transaction and the registration of property rights.

Refusal to grant permission

Obtaining permission for foreigners to buy real estate in Poland is a key step in the buying process. However, there are cases where an applicant may be refused. Let us consider how it is possible to appeal such a decision and in what situations it can be made.

How can I appeal a refusal?

  • Filing an appeal. If you are denied permission, you have the right to appeal. This should usually be done within a month from the date of receipt of the decision. The appeal is filed through the same Ministry that issued the refusal.
  • Legal aid. It is recommended that you seek the assistance of a qualified lawyer specializing in real estate and migration law. A lawyer will help you draw up all necessary documents correctly and determine the most effective appeal strategy.

In what situations can I get a refusal?

  • Insufficient communication with Poland. If you cannot prove that buying a property is of personal importance to you or is related to your activities in Poland, a refusal may be made.
  • State security. A refusal can be obtained if the purchase of real estate by a foreigner may pose a threat to national security or public order.
  • Protection of cultural heritage. If the property is considered part of the cultural heritage and its purchase may have a negative impact on its preservation, the applicant may also be refused.
  • Inaccurate information. Providing incomplete or incorrect information when submitting an application may result in a refusal.

In any case, it is important to carefully review the reasons for the refusal and consider the possibility of appealing them. Legal support can significantly increase the chances of a successful solution to the situation.

Real estate purchase agreement in Poland

The contract for the sale of real estate in Poland is the main document confirming the transfer of ownership from the seller to the buyer. This document must be in writing and notarized for its legal validity. The agreement details the terms of the transaction, the description of the property, the purchase price and the obligations of the parties.

How much does a permit for a foreigner to buy a property cost?

The cost of obtaining permission for foreigners to purchase real estate in Poland may vary depending on several factors, including the type of property and the complexity of the process of obtaining such a permit. Generally, there are the following costs:

  • State application fee. A government fee is charged for processing an application for permission to purchase real estate. According to the latest available information, the duty may range from several hundred to several thousand zlotys, depending on specific conditions.
  • The cost of legal services. Foreigners are generally advised to use the services of qualified lawyers to prepare the necessary documents and assist in the process of obtaining a permit. The cost of legal services can vary significantly depending on the complexity of the case and the reputation of the law firm.
  • Additional costs. There may be additional costs associated with the translation of documents, notary services, administrative fees for registering a permit, etc.

It is important to note that the cost of obtaining a permit and related costs may vary, so it is recommended to check the relevant information in advance and plan your budget taking into account possible costs.

Here are the main costs:

  • Consideration of a permit for a foreigner to purchase real estate — PLN 1570.
  • Declaration of intent (Wniosek o promesę) — 98 zł.
  • Another decision to which the provisions of the Administrative Procedure Code apply (if necessary, as reported by the Ministry) is PLN 10.
  • Power of attorney (if submitted through a representative) — PLN 17.
  • Issuance of the certificate (zaświadczenia o ostateczności decyzji) — PLN 17.

This may be supplemented by the costs of a sworn translator, copies, transportation costs, etc.

Where is the best place to look for an apartment in Poland?

Choosing a place to search for an apartment in Poland significantly depends on your personal and professional needs, budget and lifestyle preferences. Here are some tips to help you determine where to look for an apartment in Poland:

  • Big cities. Warsaw, Krakow, Wroclaw, Gdansk, Poznan are big cities with well-developed infrastructure, rich culture and wide career opportunities. Many universities, international companies and cultural institutions are located here. Cities offer a wide range of housing options, from studios to spacious apartments in new buildings or historic buildings.
  • University cities. Lublin, Torun, Katowice and other cities with large universities offer a lively student life and more affordable housing prices compared to larger cities.
  • Tourist cities. Cities with a rich historical past and tourist attractions, such as Krakow or Wroclaw, offer a unique combination of history and modernity. Here you can find both old and new apartments in central areas or on the outskirts.
  • Cities by the sea. Gdansk, Gdynia and Sopot form a three-sided urban complex on the Baltic Sea coast. These cities are ideal for seacoast lovers.
  • Online platforms and real estate agencies. Use reliable online real estate search platforms and real estate agencies for professional help finding an apartment. They can provide up-to-date information on available options, prices, and the specifics of different areas.

Real estate prices in Polish cities in 2024

Housing prices in Poland continue to change depending on a variety of factors, such as location, housing condition, infrastructure and economic conditions. In 2024, house prices in different Polish cities continue to reflect these variations, with the highest prices remaining in the capital.

The most expensive accommodation is in Warsaw

Warsaw, the capital of Poland, traditionally has the highest property prices in the country. The city's development, strong economy and high demand, including from international investors and professionals, contribute to price increases. In central Warsaw, prices for apartments and offices can be particularly high.

In 2024, the average price of an apartment in a new building in Warsaw may start from about 10,000 to 15,000 zł per square meter, while in older buildings prices may be lower but still higher than in most other Polish cities.

Property prices in other cities

  • Krakow and Wroclaw are also considered expensive cities to live in Poland, but prices here are generally lower than in Warsaw.
  • Gdansk and its coastal cities offer accommodation at prices that can compete with larger cities, especially in tourist areas by the sea.
  • Lublin, Poznan and Katowice offer more affordable accommodation, especially in residential areas or on the outskirts of the city.
  • Lodz is an example of a city where investors and buyers can find relatively affordable housing compared to other large cities due to its industrial past and ongoing renovation process.
  • Bydgoszcz, Torun and other smaller cities offer an even more affordable alternative, with lower housing and land prices, which may be ideal for those looking for a quieter life in less populated areas.

When looking for property in Poland, it is important to consider not only current prices, but also the potential long-term cost of investment, changes in local infrastructure and the quality of life in the chosen region. Careful research and professional advice can help you make an informed choice.

A second home or a new building?

The choice between secondary housing and a new building in Poland is a significant decision for any buyer. Each option has advantages and disadvantages, depending on individual needs, budget, and preferences.

Secondary housing

Benefits:

  • Location: Secondary apartments are often located in central or well-developed areas with well-established infrastructure.
  • Uniqueness: Secondary housing may have unique architectural features or historical value that new buildings do not have.
  • Readiness to move in: Most secondary apartments are sold fully renovated, which allows you to move in immediately without additional construction costs.

Disadvantages:

  • The need for renovation: Older buildings may require additional investments in repairs or upgrades.
  • Energy efficiency: Secondary homes often have lower levels of energy efficiency compared to new buildings.
  • Legal risks: There is a risk of purchasing a home with legal problems, for example, encumbrances or discrepancies in documents.

New building

Benefits:

  • Modern standards: New houses are being built in accordance with the latest standards of energy efficiency and comfort.
  • Guarantees from the developer: New buildings are often sold with a developer's warranty, which provides additional confidence in quality.
  • The ability to influence the design: When buying an apartment during the construction phase, it is possible to choose the layout, decoration and other parameters.

Disadvantages:

  • Risks of delayed delivery: There is a risk of delays in putting the facility into operation.
  • Distance from the center: Many new buildings are being built on the outskirts of cities or in new areas where infrastructure is still developing.
  • Start-up costs: The cost of new buildings may be higher compared to the secondary market, especially in the case of apartments in popular areas or from well-known developers.

Why do Ukrainians want to buy real estate in Poland?

The growing interest of Ukrainians in buying real estate in Poland is due to several key factors:

  • The search for stability and security: In view of Russia's full-scale invasion of Ukraine, many Ukrainians are looking for opportunities to create a stable and secure future for themselves and their families. Poland, with its stable economy and high level of security, looks like an attractive option.
  • Economic opportunities: Poland offers significant economic opportunities for Ukrainians, including jobs, business opportunities, and higher education. Buying property in Poland opens up additional opportunities for living, working and studying.
  • Simplification of visa and migration procedures: Visa and migration procedures are often simplified for Ukrainians investing in real estate in Poland, including obtaining a residence card, which gives the right to long-term residence and business in the country.
  • Cultural and geographical proximity: The joint history and cultural ties between Ukraine and Poland, as well as geographical proximity, make it easier for Ukrainians who decide to move or invest in Polish real estate to adapt.
  • Investment potential: Real estate in Poland is considered as a profitable long-term investment that can provide stable rental income or capital growth through an increase in the value of properties in the future.

How much Polish housing do Ukrainians buy?

The number of transactions for the purchase and sale of real estate in Poland by Ukrainians is growing every year. Although the exact figures may vary, according to various analytical agencies, Ukrainians make up a significant share of foreign investors in the Polish real estate market. This is especially noticeable in border regions and large cities, where they are actively buying both residential and commercial properties.

Townhouses in Poland: Purchase features and the need for permission

The purchase of townhouses in Poland can include various types of real estate, each of which has its own peculiarities regarding the purchase procedure and the need for permits.

Types of townhouses and their features

  • Double or row house residential complexes (dom w zabudowie bliźniaczej lub szeregowej): This type of townhouse involves houses with two or more apartments, where each property has its own land area. When buying such a townhouse, foreigners must obtain special permission from the Ministry of Internal Affairs, since the property is considered as a separate household.
  • Such multi-level townhouses are usually divided among themselves by common walls, creating a single architectural ensemble.

Living space (lokal mieszkalny):

  • Alternatively, townhouses can be classified as apartment buildings, where each owner purchases an individual apartment rather than an entire house. Foreigners usually do not need permission from the Ministry of Internal Affairs to buy such an apartment in a townhouse.
  • Externally, these townhouses do not differ from those that are considered as a “twin” or “row house”.

The importance of documentation

To understand what type of townhouse you are buying — a residential space (lokal mieszkalny) or a “twin” or “row house” house complex, you should carefully read the legal and technical documentation. This will help you understand all the legal nuances and purchase requirements, as well as determine whether you need to obtain permission from the Ministry of Internal Affairs to register property.

Can a foreigner take out a loan to buy property in Poland?

Foreigners can get a loan to buy property in Poland, however, the loan procedure and requirements may differ depending on the bank and the applicant's status. Let's consider the key aspects that you should pay attention to:

The main requirements are:

  • Status of residence: Foreigners who have a permanent place of residence in Poland or a Pole card may be more likely to get a loan. Having a residence permit or a long-term residence permit also has a positive effect on the bank's decision.
  • Income: The borrower must demonstrate a stable income sufficient to cover loan payments. Revenues can be earned both inside and outside Poland.
  • Credit history: A clean credit history and no debts are important. Some banks may request credit history information from the borrower's country of origin.
  • Down payment: Foreigners usually need to pay a larger down payment than Polish residents, sometimes up to 20-30% of the property value.

The process of obtaining a loan:

  • Consultation with the bank: Before applying for a loan, it is recommended that you consult several banks to find out their loan requirements and terms.
  • Submission of documents: After choosing a bank, the borrower submits the necessary documents, which usually include a certificate of income, a passport, documents confirming the right to stay in Poland, and others.
  • Real estate appraisal: The bank may require a professional appraisal of the property that is planned to be purchased.
  • Decision on granting a loan: Based on the documents provided and the real estate appraisal, the bank decides whether to grant a loan.

Additional factors:

  • Insurance: Banks may require borrower life insurance or property insurance that is being purchased as an additional guarantee of loan repayment.
  • Legal aspects: It is recommended to hire a lawyer to review the purchase agreement and loan agreement, especially for foreigners, to avoid misunderstandings and legal problems in the future.
  • Communication with the bank: It is important to ensure that all necessary documentation is available and answer bank questions in a timely manner to speed up the loan application process.
  • Choosing a loan currency: Foreigners may consider obtaining a loan in both zloty and foreign currency. It is important to consider currency risk and potential fluctuations in exchange rates when choosing a loan currency.
  • Accounting for additional costs: When calculating the cost of a loan, it is necessary to take into account not only the principal amount of the loan and interest, but also additional costs, such as loan fees, real estate appraisal fees, insurance premiums and other related costs.

Obtaining a loan for the purchase of real estate in Poland by a foreigner is possible, but requires careful preparation and understanding of loan conditions. Each bank has its own policies regarding lending to foreigners, so it is important to obtain detailed information and compare offers from different banks before making a decision.

Benefits of buying property in Poland

Buying property in Poland can offer foreigners a wide range of opportunities and benefits, from financial investments to personal residence and business. Here are some key aspects to consider:

  • Investment potential:
    • Value growth: The real estate market in Poland is characterized by a stable increase in prices, which makes real estate investments attractive in terms of capitalization potential.
    • Rental income: Purchasing residential or commercial property for further rent can provide a stable passive income.
  • The possibility of obtaining a residence permit:
    • Some categories of foreigners may consider buying real estate in Poland as one of the steps towards obtaining a residence permit, which opens up additional opportunities for long-term residence and business in the country.
  • Improvement of living conditions:
    • Personal residence: Property in Poland provides an opportunity to create a comfortable home environment according to your own preferences.
    • Vacation: Poland offers a wide range of properties in picturesque and touristically attractive regions, ideal for recreation and recreation.
  • Legal security and stability:
    • Polish legislation provides a clear and transparent mechanism for buying and owning real estate, which gives confidence in the legal protection of investments.
  • Access to the European market:
    • Property in Poland can serve as a jumping board to access the broader European market, making it easier to travel and do business in other EU countries.
  • Cultural and social enrichment:
    • Living and owning property in Poland allows you to delve deeper into Polish culture, history and way of life, contributing to personal enrichment.
  • Educational opportunities:
    • For families with children, buying property in Poland can provide access to quality education, including international schools that offer programs in different languages.
  • Medical care:
    • Property owners in Poland can use high-quality medical services for both local citizens and foreigners, providing an additional level of security for themselves and their families.

Personal business development:

  • Investing in commercial real estate or purchasing housing for rent can become the basis for developing your own business in Poland and the EU.

Multicultural environment:

  • Poland is a dynamic and multicultural country where different cultures and nationalities are represented. The property here provides an opportunity to live in an environment of cultural and ethnic diversity.

Improving the quality of life:

  • The combination of affordable housing, a high level of security, well-developed infrastructure and natural beauty makes Poland an ideal place to improve the overall quality of life.

Considering these and other advantages, buying property in Poland can be a significant step for foreigners who want not only to invest their money for future growth, but also to significantly improve their lifestyle or start a new stage in their career or personal development.

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