Real property types and rules for purchasing by foreigners.

Poland, in contrast to other countries, allows foreigners to buy property with no residency and another specific legal status. And that’s kind of why Poland is so attractive for investors from other countries. 

But foreigners are able to acquire only certain types of property without limitation, the others require a permit for such dealings.

 In the context of Polish law foreigners are:

  1. the individuals without citizenship of Poland;
  2. a company that was founded outside Poland;
  3. partnership of  1) and 2), without legal personality but included in a foreign company and registered abroad;
  4. a company founded and registered in Poland, but under direct or indirect control of 1) and 2) persons, as well as under control of foreigners who have a simple majority of votes.

There are two types of real property in Poland: the independent residential premises (apartment, flats, parking spots and so on), and land (both built-up and not). Purchases and sales of first realty type don’t require either residency of buyers or their permanent presence in Poland. Anyone can buy Polish flats and houses.

But with regard to land transactions, the situation is different. To purchase either developed or undeveloped land parcels a foreigner has to have a permit.

The permit is not required, if foreign buyer:

  • has permanent resident permit or EU long-term permit and live in Poland for last 5 years;
  • is married to Pole and live in Poland for last 2 years with a permanent resident permit or long-term EU permit;
  • the citizen or entrepreneur from the EEA state or Swiss Confederation States;

Both residents and aliens need to get permit buying land in border zones.