Return PolishForums LIVE
  PolishForums Archive :
Archives - 2005-2009 / Real Estate  % width 10

LAND PURCHASE IN POLAND FROM RETIREE


KIEROWNICA64  
3 Oct 2009 /  #1
We are interested in purchasing a small plot of farmland from a relative in order to build a house. He will be eligible to retire in 3 years and is under the assumption he cannot sell the land until aged 65 with out affecting his retirement? Others tell us the opposite, that prior to retirement he must assign his farmland to his children or at retirement ownership will revert to the government??? Researching Polish law via the internet is difficult since I know little Polish. Your thoughts?? Thanks.
Grzegorz_ 51 | 6,163  
4 Oct 2009 /  #2
I'm not 100% sure but I guess they are mixing up two different things. If he wants get the pension from KRUS (which is heavily subsidised retairement system for farmers) he must be 65 years old If he was insured in KRUS for at least 25 years or already once he is 60 but only If he was insured in KRUS for at least 30 years and won't contiunue farming production... and to be insured in KRUS one has to be a farmer, so has to own some farming land but also the longer period of paying the insurence the higher the pension will be. Another thing are EU funded pensions, which are for people aged 50-60, who decide to give their whole land to their children or some other young farmers...
kierownica64  
7 Oct 2009 /  #3
OK thanks. Once he retirees, is he then free to sell land as he wishes?
scorpio 20 | 188  
7 Oct 2009 /  #4
We are interested in purchasing a small plot of farmland from a relative in order to build a house.

First of all, in order to purchase farmland in Poland, one must either hold Polish citizenship, or receive permission the government Interior Ministry.

Second, to be allowed to contruct a home on arable farmland, you must have permission from your local gmina to have the land zoned for a building plot.

Starting in the year 2012, the property law will change to allow any foreigner within the European Union to purchase farmland in Poland.

Hope this clarifies things a bit.
OP KIEROWNICA64  
7 Oct 2009 /  #5
Thanks, my wife is a Polsih citizen. Are there any restrictions on her purchase since she currently doesn't have a residence in Poland. thanks
strawberry - | 6  
7 Oct 2009 /  #6
We were in the same position we bought the land in my husbands name only, and intend to transfer it also in my name at a later date. Althoug my husband had not been living in poland for years he had to apply for a polish ID using his parents address and that is what the notary used to register his name on the land book and register.
scorpio 20 | 188  
7 Oct 2009 /  #7
Thanks, my wife is a Polsih citizen. Are there any restrictions on her purchase since she currently doesn't have a residence in Poland.

Sorry for the typos in my original response (typing to fast!). :)

The most important documents which your wife should possess as proof of her Polish citizenship is the Dowód Osobisty, and a Polish Passport, the former taking precedence. In order to hold or obtain a Dowód Osobisty, one must establish residence in Poland, or, have permission from someone with a current residence to have a Dowód Osobisty using that address. Residence means a flat or home with a legal address and zip code. An empty piece of land will not due, and won't qualify you for a Dowód Osobisty...not even a piwnica (vegetable cellar)!!! ;)

That said, if your wife has all of these documents, there are no restrictions on property purchases in Poland, except for: If you plan to purchase arable farmland in excess of 1 hectare, this qualifies for a 'farm'. In order to buy or own a farm, one must either be a farmer already, OR have 5+ years of farming experience, OR have taken classes in farming. However, that may change in 2012 since every 'foreigner' under the sun will be buying up Polish farmland.
strawberry - | 6  
8 Oct 2009 /  #8
Hi , I have a question about the law regarding non polish buying land in poland. Just two months ago my husband bought second piece of land, I went with him to see the land however when the 30 days were up when he had to go pay for the land and register the land in his name the notary who knew me from the last time we bougt land asked my husband where I was and why did I not want my name on the land book as the law which was due to come in 2012 regarding non polish buying land had now come into effect early.

I don't know where I can find out any info about, The notary office were we did our deal had 8 notarys and they were all under the impression it was possible for my name to go on the land book even though I am not polish. How can I find out more about this law
scorpio 20 | 188  
10 Oct 2009 /  #9
Strawberry / Kierownica64,

I located an authoritative and precise source on the law for foreign nationals purchasing land in Poland. Originally, my explanation was partially correct (the 2012 date), referring only to Northern and Western (8 out of 16) districts in Poland. It turns out the law is a bit more detailed than that, with one transition date and two exceptions to the rule. Please read it very carefully. Here it is in full detail, along with the source:

--------------------
Issuance of permits to entrepreneurs from the European Economic Area (EU plus Iceland, Norway and Lichtenstein)

On 1 May 2004, the general rule whereby a permit is required for purchase by foreigners of real estate or shares in companies which are legal owners or perpetual usufructuaries of real estate ceased to apply to nationals and entrepreneurs residing or established in the territory of the European Economic Area (EEA).

However, the Act provides for derogation in this respect. EEA nationals and entrepreneurs must obtain a permit in case:

* To purchase agricultural and forest land - for 12 years after Poland became a member of the EU (i.e. until 2 May 2016).

However, EEA foreigners will not be required to obtain a permit during this transitory period in the following cases:

To purchase agricultural land situated in:

* The following eight western and northern provinces: Dolnośląskie, Kujawsko-Pomorskie, Lubuskie, Opolskie, Pomorskie, Warmińsko-Mazurskie, Wielkopolskie, Zachodniopomorskie - after the end of the seven year period (in 2012 earliest) since the execution of a lease contract (date of execution must be certified), if during that period they have pursued farming in person on the land concerned and have legally resided in Poland,

* The following eight central are eastern provinces: Lubelskie, £ódzkie, Małopolskie, Mazowieckie, Podkarpackie, Podlaskie, Śląskie, Świętokrzyskie - after the end of the three year period (in 2008 earliest) since the execution of a lease contract (date of execution must be certified), if during that period they have pursued farming in person on the land concerned and have legally resided in Poland

--------------------

Keep in mind, the two exceptions (2012 & 2008) to the May 2, 2016 rule require that the land in question has already been 'leased by a person that has pursued farming'.

paiz.gov.pl/index/?id=55603a5f239e435c642244be3e891b85
Here is the full source to the law, defining in detail who is a foreigner, the rules, exceptions, and permit process.
strawberry - | 6  
15 Oct 2009 /  #10
I located an authoritative and precise source on the law for foreign nationals purchasing land in Poland.

Thanks for that, it has been very helpfull.

Archives - 2005-2009 / Real Estate / LAND PURCHASE IN POLAND FROM RETIREEArchived