The permit is issued by the Minister of the Internal Affairs and Administration. The Minister of Internal Affairs may grant the foreigner a permit to purchase real estate if the foreigner can demonstrate the existence of circumstances confirming his ties with Poland, such as:

• polish nationality;
• permanent residence permit, long-term EU permit, temporary residence permit (except temporary residence permit issued to a victim of human trafficking and on the basis of circumstances which require short-term stay to a foreigner who resides in Poland if he or she is obliged to appear personally, before a Polish public authority);
• marriage to a Polish citizen;
• running an economic or agricultural business, in accordance with the provisions of Polish law, as well as being a joint managing entrepreneur who is a legal person or a commercial company not having a legal personality which has its registered office on the territory of the Republic of Poland and is controlled by foreigners.

The area of a real estate you would like to purchase for a life needs may not exceed 0.5 ha.

You can also apply for the so-called “Promesa”. This is a kind of promise that a permit for the purchasing of real estate will be issued. You should also submit an application to obtain a “Promesa”, (which has to be included to documents confirming the right to purchase the property – the same documents as for the application for a permit for property acquisition). It is necessary to do it before the purchasing of real estate. The stamp duty for issuing a “Promesa” is 98 PLN and the confirmation of payment should be added to the application.

Important! The “Promesa” is valid for one year and sets out the conditions that must be met in order to obtain the permit.

The application should include the applicant’s indication and legal status. It means a data such as:

• name and surname;
• citizenship and residence address ;
• the property should be marked – if it is a land property, building property for which a separate land and mortgage register is kept, or a self-contained premises separated on the basis of the provisions;
• indicate a legal action which will result in the acquisition of the property;
• the purpose of its acquisition;
• the circumstances confirming ties with Poland.

It is required to present documents confirming the circumstances indicated in the application. Documents regarding this property should be issued not earlier than 6 months before submitting the application. You should prepare a copies of documents (confirmed by a public notary or by a solicitor or attorney-at-law who is appearing in your case). If documents were submitted in foreign language, it is necessary to translate them by a sworn translator.

The next step is checking the application in formal terms by the Minister of the Internal Affairs and Administration, who apply for an opinion to the Minister of National Defense (who has 14 days to submit an objection, but this period may be extended to 2 months). The Minister may also ask other institutions. If all necessary documents are not enclosed to the application, the foreigner will be called to deliver the missing documents within 7 days from the date of delivery of the request. Otherwise the application will be leaved without consideration.

After meeting the requirements, a permit for the acquisition of property in Poland  is issued in the form of an administrative decision. The permit may specify special conditions you should fulfill to buy the property. It is valid for two years. If a permit won’t be issued, you can request a refund. The stamp duty for a permit for the acquisition of property is 1570 PLN.

It is worth noting that your case should be recognized as fast as possible in the period of one month but if it is more complicated, the procedure will last up two months. However, if it won’t be possible to issue a decision during this time, you will be informed about a new date. Remember if the decision will be negative you can submit an application for a retrial or appeal to the court.

Unfortunately, if you want to get a positive decision as faster as possible, remember that your entire application should be completed as well as any document certifying the circumstances indicated in the application or a property. Remember that this permit is issued for a specific person and a specific property.

Note, that it is important to obtain a declaration of the sale of the property by its owner ( you can also sign a preliminary contract for the sale of real estate).

In case of questions, we encourage you to send us an e-mail: migrant@panstwoprawa.org