The BEST Guide to POLAND
Unanswered  |  Archives 
 
 
User: Guest

Home / Real Estate  % width posts: 58

Can foreigners buy land, house, or apartment in Poland?


alana07
22 Nov 2007 #1
I am from Mauritius , and i was just wondering if it is possible for me to buy a house or a piece of land or apartment in Poland? If yes what are the actual procedures for foreigners to acquire such property? or is it possible someone from PL buys it for me and put it on my name despite i am not living here? thanks for answers and opinions
andy b
22 Nov 2007 #2
There is no problem for foreigners (even non-EU) to buy an apartment. A house on a small plot of land should also be OK. However, you will need a permit from the Polish government to buy larger tracts of land. If you have any doubt, consult a Polish lawyer
BubbaWoo 33 | 3,510
22 Nov 2007 #3
or is it possible someone from PL buys it for me and put it on my name despite i am not living here?

somebody from poland can act as a purcasing agent whereby the property is bought on your behalf - the exact terms of the agreement between you and the 'agent' will need to be specified in an individual contract and the whole process will probably need to be explained in detail to your lawyer
OP alana07
22 Nov 2007 #4
Thank you for these info...
absolwent
26 Nov 2007 #5
Since Poland has joined EU in May 2004 foreigners who are citizens of EU member states, Norway, Iceland, Lichtenstein and Switzerland can freely buy and sell real estate in Poland, except for:

– agricultural and forest land – Permission is required during the first 12 years from the date of Poland’s accession to the EU
– “second house” – Permission is required during the first five years from the date of Poland’s accession to the EU, however, permission is not required if a foreigner lives legally and continuously in Poland for four years, or if he purchases a “second house” in order to conduct business activities in tourism services.

Foreigners who are citizens of other countries than those mentioned above may purchase real estate only after receiving permission from the Ministry of Internal Affairs and Administration and, in the case of farmland, also after receipt of approval from the Minister of Agriculture. The Ministry of Internal Affairs and Administration must issue the permit in question within a maximum of two months.

However according to polish law all foreigners, irrespective of their origin, intending to buy “individual residential premises” are exempted from the obligation to obtain a permit. Individual residential premises are simply flats in apartment buildings, where unlike houses the flats constitute only part of a larger building. So in practice every foreigner can freely buy and sell new apartments from developers in Poland.

First step of buying an off-plan property involves signing a preliminary contract with developer which commits both parties to the sale. This is usually accompanied by a reservation deposit of 5%. Then depending on the payment structure either further 15-25% deposit is required within up to 3 months and the balance on completion or the preliminary contract sets out the dates of staged payments which have to be made as the construction progresses. If the buyer applies for a mortgage bank makes these payments on his behalf.

The property ownership title in Poland can only be transferred in respect of completed properties, so when the construction has been finished and the purchase price is paid in full, the final contract in the presence of notary (notary deeds) is signed. This officially transfers the title of the property from the seller to the buyer. Polish law additionally requires foreigners who do not speak Polish to hire a translator when signing the notary deeds. The notary then logs the change of title at the Polish property registry.

need more info? go to primepropertypoland.com
BubbaWoo 33 | 3,510
26 Nov 2007 #6
having a typo on the home page kinda puts people off, no?
Britguyabroad 4 | 26
26 Nov 2007 #7
Hi Bubba,

If you sell a property for a profit in poland, do you have to pay capital gains tax?

Cheers,

Britguybroad
BubbaWoo 33 | 3,510
26 Nov 2007 #8
fraid so - the amount and what you pay it on was changed at the start of this year and was covered indepth on the forum then - a quick search will tell you more as well as ways around it
inkrakow
26 Nov 2007 #10
and if you're UK resident, unfortunately the Inland Revenue will be looking to get their share too...
joo who - | 100
11 Dec 2007 #11
Inland Revenue

No such organisation....ceased to exist about 3 years ago, when it became HM Revenue and Customs. There are double taxation agreements in place between Poland and UK to prevent you from paying tax twice on the same thing, so don't panic! And the UK has a generous capital gains exemption allowance....don't be put off by the tax man! If you were to reinvest the profit into the polish property market, capital gains wouldn't apply... I also remember reading somewhere that if you have the property in excess of 5 years, no capital gain is applied....but would prefer not to stake my reputation on that one, as I seem to read a lot of contradictory information depending which web site I'm on...

More on tax issues?? If you make the property in Poland your principle private residence before you sell, you wouldn't have any tax liability on it in the UK as long as you sold it within 3 years of living there...so if you bought a place in Poland, kept it for 5 yrs, lived in it for a while, then sold, no CG tax in Poland or UK??! Unless it can be proven your intention was to make money from the outset...
Buddy 7 | 167
13 Dec 2007 #12
If you have any doubt, consult a Polish lawyer

And then get a second opinion and a third. Likely hood is out of three laywers at least one should know what he is talking about.
zofia
19 Feb 2008 #13
Do you think some Chinese guys can buy land or houses,is this a kind of investment?
Yulechka
10 Mar 2008 #14
Yes , they can , and esp. for commercial there is a lot of tax breaks
Seanus 15 | 19,706
10 Mar 2008 #15
Can foreigners buy land? Does a bear **** in the woods?
hythorn 3 | 580
12 Mar 2008 #16
the question is does the bear need permission to defecate from the ministry of agriculture?
foreigners cannot buy farming land without a permit. there is little chance that you will get a permit either. foreigners can buy land if it is a plot with planning permission.

if you want to buy farm land you will need to create a Sp z o.o.(limited company) and have a Polish partner who will have to own at least 50% of the business.

foreigners can buy existing commercial property and a house. if you want two houses the matter is more complicated so stick to buying flats where you can buy as many as you like. except don't do it at the moment as the price of flats has levelled off in most cities.
Guest
23 Jul 2008 #17
I'm not Polish, but my partner is(unmarried) we are looking at buying a rural property (3000m2). It has planning premission for a residence. Could my name be on the title with my partners or do I have to seek approval from the Ministry of Internal Affairs and Administration? If so, is it generally approved or they are likely just to so no?
Avalon 4 | 1,068
23 Jul 2008 #18
Your partner has no problems. If you wish to have your name on the deeds, make sure that the land has been signed off from the agrigcultural agency (small cost and takes approx. 30 days) even if it has permission for a residential dwelling.
rt3d 10 | 46
23 Jul 2008 #19
I have been living in Warsaw for about a year and now looking to buy an apartment also, originally from London england, tho i also recalled

reading an article that i need to have a few doc before applying
for a mortgage in Warsaw/poland.
EG: karta podytu and zameldowanie od wojewody
could any one provide advices on how to obtain these doc.
if its relevant for obtaining a mortgage within any polish banks.
or other alternative doc
jackg
6 Nov 2009 #20
my name is Jack gilbert, I am in california USA, can some help me find a deed to property of
warsaw poland, at 33 Emili Plater., warsaw poland, the property belongs to my father, the germans /nazis took the property in 1939

thanks for the help

jackg@california.com
mawaukltd - | 7
12 Jan 2010 #21
Contact us through our website we are specialists in foriegners buying property in Poland
polishlokal.com or asnieruchomosci.net,Engish speaking number 0048 698 295 117
jonni 16 | 2,485
12 Jan 2010 #22
can some help me find a deed to property of warsaw poland, at 33 Emili Plater., warsaw poland, the property belongs to my father, the germans /nazis took the property in 1939

You'll need a lawyer specialising in property claims. If the deeds no longer exist, it may take rather longer. One problem is that a lot of city records and archives in Warsaw didn't survive the events of 1944. It could be impossible if someone else was, rightly or wrongly, able to establish ownership after the war and there are no documents to show otherwise. Though it should be worth it, given that the address you mention is right in the centre of the capital and among the most valuable real estate in the country. You should choose a large law firm.

edit

looking quickly on google maps, if number 33 is the pre-war address, then it may well be under the forecourt of Central Station (problematic) or under the Zloty Taras shopping mall (a potential gold mine). Very worth looking into.
delphiandomine 88 | 18,455
12 Jan 2010 #23
You'll need a lawyer specialising in property claims.

Not in the first instance - I can do many of the 'first step' things for a lot cheaper than a specialised English speaking property lawyer will charge. For instance - I called quite a few up, asking how much they would charge to do a straightforward search of the property records in the cartographic offices, the Starostwo and the property courts. Many of them were quoting hideous amounts - 500zl upwards was normal. I'm convinced that it was at least partly due to the persona on the phone - dumb American calling about some property that his grandmother left in "ye olde countree" - but still, it gives an idea that they can and will charge a ridiculous amount for something relatively trivial.

Obviously, making a claim on a property needs a specialised lawyer - but for routine things such as applying for searches of databases, it's nothing that the ordinary man in the street can't do.

(as an aside, one lawyer wanted 50zl to post the documents received from the offices!)
pantsless
28 Jan 2010 #24
[Moved from]: To all you Irish folk who bought apartments in Poland to flip in 2007

Seriously, what were you thinking? Have you still got those apartments? Or did you sell them at a loss?
wildrover 98 | 4,451
29 Jan 2010 #25
I think i am going to make a list of all his alias...that will be my project for this week....!
Seanus 15 | 19,706
27 Sep 2010 #26
In order to get credit, it is better to have the karte podbytu as some banks are old fashioned. PKO, for example. The right to buy is not in question provided that you are clean and have no other hindrances.
Norwegian 5 | 56
26 Feb 2013 #27
Merged: Foreign investors in the Poland property market?

Anyone that have any rapports, statics etc about the amount of foreigners in the polish market?

I assume a rather large part of the speculationbuble from 2006-2009 was driven by foreigners and foreigncurrency. With the rollercouster the EURO/PLN have had since 2006, and maybe more important the franc/pln swings I think the market underestimate the effect the currencyswings actually have on the prices.

I read a article once (cant find it now) about the amount of loans taken by polish in foreign currency, and how that has been dropping as a rock since 2009. With a xx% amount of foreginers in the market (specialy high end market) these fluctations may still be important.

So if someone have a good tip about static about this, it would be hghly appriciated.

My two cents
Looker - | 1,099
25 Oct 2014 #28
I have found some reports, check the Report of the Minister of Internal Affairs on the implementation in 2013 of Act from 24 March 1920 about Acquisition of Real Estate by Foreigners

orka.sejm.gov.pl/Druki7ka.nsf/0/908E8A0C4FC6E3F5C1257CAE0035E4BE/$File/2264.pdf

PART I
CHAPTER I - CONDITIONS FOR THE ACQUISITION OF REAL ESTATE BY FOREIGNERS
CHAPTER II - SCALE OF INTEREST IN REAL ESTATE ACQUISITION BY FOREIGNERS IN THE YEAR 2013 - PERMITS
CHAPTER III - RECORDS OF REAL ESTATE, EQUITY INVESTMENT COVERED BY FOREIGNERS
...
PART II - STATISTICS - RECORDS

But in regards to agricultural land purchased: inspection shows that the data are incomplete due to the lack of full control over the acquisition of Polish agricultural land by foreigners.

Foreigners become owners of agricultural land in Poland by acquisition of shares in Polish companies which owns the land. However, the Interior Ministry does not have full data on the scale of Polish land acquisition by foreigners. The ministry data is three, four times lower than the actual operations.

nik.gov.pl/aktualnosci/rolnictwo/nik-o-sprzedazy-panstwowych-nieruchomosci-rolnych.html
Crow 150 | 9,544
22 Nov 2015 #29
i would like to have weekend house in Poland. Is it possible for me from Serbia to do that? We Serbians are practically Poles.
dolnoslask
22 Nov 2015 #30
Yes crow you could have a weekend house in Poland, you would be contributing to the economy just doing your weekend shop and paying the local property taxes.


Home / Real Estate / Can foreigners buy land, house, or apartment in Poland?
BoldItalic [quote]
 
To post as Guest, enter a temporary username or login and post as a member.