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Who can purchase a polish property without a permit?


English

2013-08-23

In the last article we were dealing with the documents which a foreigner who wants to acquire a property in Poland is obliged to collect in order to receive a permit for the purchase. Polish law, however, provides certain circumstances which release a foreigner from this obligation.

 

So, who can purchase a polish property without the permit?

The law on acquisition of property by foreigners provides all particulars of the aforementioned release. In accordance with the provisions of this act, the permit is not necessary if we are dealing with one of the following circumstances:

 

• A separated housing unit within the meaning of the Act on Proprietorship of Premises, or an independent utility premises designed for a garage (or share in such premises) is a subject of the purchase and the acquisition is about to satisfy the housing needs of the buyer or the owner of the property.

 

• A foreigner who is purchasing the property has been living in Poland for at least 5 years from the moment of being granted a permanent residence permit, or a European Community Long-term residence permit.

 

• A foreigner is married to a polish citizen and has been living in Poland for at least 2 years from the moment of being granted a permanent residence permit or a European Community Long-term residence permit. In this case, however, the purchased property has to be included into the statutory joint property of the spouses.

 

• The property is acquired by a foreigner by means of an agreement with the disposer (seller). This situation takes place when the foreigner is entitled to inherit after the disposer, on the day of the acquisition of the property. The law also stipulates here, that the disposer has to be the owner or have perpetual usufruct rights to the property for at least 5 years.

 

• The property is acquired by a legal person, or a company or partnership without legal personality, with its registered office in Poland and controlled by foreigners. The property has to be purchased for the purposes set forth in the Memorandum and Articles of Association and should not be developed. The total area of properties purchased in this circumstances should not exceed 0.4 ha within the city area.

 

• The property is acquired by a foreigner who is a bank and a freeholder. The acquisition shell be made in the course of a takeover after an ineffective auction in the enforcement proceedings.

 

• Acquisition of stock or shares of a company or partnership who is or becomes a foreigner in the course of such acquisition, and at the same time is the owner or has perpetual usufruct rights to a property located in Poland, by the bank with its registered office in Poland.

 

It is worth emphasizing that all the aforementioned circumstances are not applicable if the properties to be acquired by foreigners are located in the frontier zone, or comprise an agricultural land whose total area exceeds 1 ha.

 

Foreigners from the European Economic Area and Swiss Confederation and acquisition of polish properties

Provisions of the polish law state that foreign nationals who come from the EEA and Swiss Confederation are obliged to obtain the permit from the Ministry of Interior only for the acquisition of an agricultural or a forest real property.

 

This obligation is applicable only for the period of 12 years from the moment of the accession of Poland to the European Union. Thus, May 1, 2016 is the cut-off date after which the purchase of the agricultural and forest properties will proceed without the aforementioned permit.

 

European Economic Area (EEA) include the following countries: Austria, Belgium,  Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Spain, Holland, Ireland, Iceland, Lichtenstein, Lithuania, Luxembourg, Latvia, Malta, Germany, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Sweden, Hungary, Great Brittan, Italy.

 

Purchase of a "second house"

Foreigners who are about to purchase a so-called "second house" are also released from the obligation of obtaining the permit. Regulation governing the acquisition of the "second house" is effective since May 1, 2009 and applies to the citizens of the EEA and Swiss Confederation.

 

A "second house" is a property designed for housing or recreation purposes and does not serve as a permanent place of residence of a foreigner. An independent housing unit itself does not comprise a "second house". It is the foreigner's desire of a permanent residence, or its lack, that is crucial in this matter.

 

It is stated that the desire should be definite and possible to perform immediately after the purchase of the property. In such case, the foreigner has to prove his possible permanent stay in the acquired property.

 

Mateusz Kozłowicz

 

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