Buying property in Poland as a foreigner: when you need a permit

Buying property in Poland as a foreigner is entirely possible, but whether you need permission first depends on three things: your nationality, the type of property, and where it is. Many buyers assume a permit is always required, while others discover too late that the flat they chose is in the border zone. This guide explains when a permit from the Polish Ministry of the Interior is needed, when it is not, how the procedure works and what it costs. For help with the transaction itself, see civil and property matters in Poland.

Key legislation: Act of 24 March 1920 on the Acquisition of Real Estate by Foreigners; Act of 11 April 2003 on Shaping the Agricultural System; Stamp Duty Act.

Who counts as a "foreigner" under Polish law

Under the 1920 Act, a foreigner means, in short, a person who does not hold Polish citizenship, and a company controlled by such persons. Two consequences follow:

• Dual nationals with Polish citizenship are not foreigners. If you hold Polish citizenship alongside another nationality, you buy property in Poland exactly as a Polish citizen does.
• Descendants of Polish citizens may not need a permit at all. If you may hold Polish citizenship by descent, confirming it removes the permit question entirely. See this guide to Polish citizenship by descent.

EU, EEA and Swiss citizens: no permit needed

Citizens and businesses from the European Union, the European Economic Area (Iceland, Liechtenstein, Norway) and Switzerland do not need a permit to buy property in Poland, regardless of the type of property, its size or its location.

Since Brexit, British citizens are no longer in this group. They are treated like any other non-EEA buyer, so the rules below apply to them.

Non-EU buyers: when no permit is needed

For buyers from outside the EEA, including the United States, the United Kingdom, Canada, Australia, Ukraine and India, a permit is the general rule. The Act, however, makes several important exceptions, provided the property is outside the border zone:

• buying a separate apartment (samodzielny lokal mieszkalny), which is by far the most common case, together with the share in the common land that comes with it,
• buying any property after living in Poland for at least 5 years since being granted a permanent residence permit or EU long-term resident status,
• buying property as the spouse of a Polish citizen, after living in Poland for at least 2 years on a permanent residence or long-term resident permit, where the property will form part of the spouses' joint property.

In practice, this means that a US or British buyer can usually purchase an apartment in Warsaw, Kraków or Wrocław at a notary without any prior permit.

When a permit is always needed

Even where an exception would otherwise apply, a non-EEA buyer needs a permit for:

• property in the border zone (strefa nadgraniczna), which covers areas along Poland's land borders and its sea coast, including cities such as Gdańsk and Świnoujście. An apartment in Gdańsk therefore needs a permit even though an apartment in Warsaw does not,
• agricultural land larger than 1 hectare.

A permit is also needed for buying a house with its plot, or a building plot, since these involve the acquisition of land rather than a separate apartment, and for acquiring shares in a company that owns Polish property, in certain cases.

The permit procedure

The permit is issued by the Minister of the Interior and Administration (MSWiA) as an administrative decision, on the buyer's application. In practice:

1. Agree the purchase conditionally. Buyers usually sign a preliminary agreement with the seller, conditional on obtaining the permit.
2. Pay the stamp duty and file the application with the Ministry, in person, by post or through a lawyer acting under a power of attorney. Applications cannot currently be filed online.
3. Attach the documents, including proof of identity and right of residence, documents describing the property (land and mortgage register extract, land registry extract), the seller's declaration of intent to sell, and proof of payment. Foreign documents need a sworn translation into Polish.
4. Receive the decision. The standard time limit is up to two months, though complex cases can take longer.
5. Complete the purchase at a notary. The permit is valid for 2 years and relates to a specific property and a specific buyer.

Where several people buy a property together, each buyer must file a separate application for their own share, and each application carries its own fee.

The promesa: a promise of a permit

Buyers can first apply for a promesa, a binding promise that the permit will be granted. It is valid for 1 year and gives certainty before committing to the purchase, which can strengthen a buyer's position in negotiations.

How much does the permit cost?

• Permit to acquire real estate: 1,570 PLN (about $425)
• Promesa: 98 PLN (about $27)
• Power of attorney: 17 PLN (about $5), if a lawyer files on your behalf
• Certificate that the decision is final: 17 PLN

The stamp duty is paid to the Warsaw city office before the application is filed. If the procedure ends without a permit being granted, the 1,570 PLN fee can be reclaimed.

What happens without a permit

A purchase made without a required permit is invalid. Polish notaries check the buyer's status and will not complete a transaction that needs a permit without one, but the risk is real in less formal arrangements, such as acquiring shares in a company that owns property. Checking whether a permit is needed is therefore the first step, before any deposit is paid.

Buying agricultural land: an extra layer

Agricultural land is subject to a second, separate set of rules under the Act on Shaping the Agricultural System, which apply to all buyers, including Polish citizens. For agricultural property with more than 0.3 hectares of agricultural land, the buyer generally has to be an individual farmer, unless an exception applies or the National Agricultural Support Centre (KOWR) consents, and KOWR usually has a right of pre-emption. A foreign buyer of farmland may therefore need both a Ministry permit and to satisfy the agricultural rules.

Before you buy: a checklist

1. Check your status: are you an EEA citizen, a non-EEA citizen, or potentially a Polish citizen by descent?
2. Check the property type: a separate apartment, a house with land, a plot, or agricultural land?
3. Check the location: is the property in the border zone?
4. Check the land and mortgage register (księga wieczysta) for ownership, mortgages and other encumbrances.
5. Sign a conditional preliminary agreement if a permit is needed, and consider applying for a promesa first.
6. Budget for the costs: notary fees, tax on civil law transactions where applicable, court fees for the land register entry, and translations.

Frequently asked questions

Can an American buy property in Poland? Yes. A US citizen can usually buy a separate apartment outside the border zone without a permit. A house with land, a building plot, or any property in the border zone requires a permit from the Ministry of the Interior.

Do UK citizens need a permit to buy property in Poland after Brexit? Yes, in the same cases as other non-EEA buyers. An apartment outside the border zone does not require one; a house with land does.

How long does it take to get the permit? The standard time limit for the decision is up to two months. The permit is then valid for two years.

Does my spouse need a separate permit? Where both spouses are foreigners buying together, each needs to apply for their share, with a separate fee for each application.

Can I avoid the permit if I have Polish ancestry? If you hold Polish citizenship, including by descent, you are not a foreigner under the Act and need no permit. Confirming citizenship can therefore be worth considering before a purchase.

Legal position: October 2026. This article is for information and does not replace legal advice in an individual case. Fees are subject to change.

Contact: +48 509 831 745 or the contact form.