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Purchasing apartment in the Polish border region as a foreigner

Andronicus 1 | 1
18 Apr 2021 #1

First time posting here, we are trying to buy an apartment in Szczecin, and as a UK citizen since Brexit we are being told that we require a permit for the acquisition of real-estate.

My understanding was that this only applied to land/houses. Google search turns up multiple articles stating that a foreigner can by apartments without permits.

Since the apartment in question is a small 2 room in a typical tenement block, I didn't think this was an issue. When we spoke with the estate agent however they say that to purchase an apartment with "Pelna Wlasnosc" we will require a permit. However if the apartment is "Spółdzielcze" then we don't require one.

Is this correct information? The law itself is a bit ambiguous in it's description of real-estate and permanent usufruct, followed by a list of exceptions, then a statement about these exceptions not applying to the border regions.

Since Szczecin is close to the German border, it is certainly classed as a border region.

If a permit is required, I don't have a problem with that, however the estate agents tell us that no seller is prepared to wait for this as it could take months. Added to this is that most estate agents expect a 5000 PLN "reservation fee" to be paid upfront, it makes us a little nervous.

Some advice would be appreciated!
Cargo pants 3 | 1,486
19 Apr 2021 #2
Some advice would be appreciated!

That 5000Pln has to be adjusted in the purchase price after the permission is acquired or you will loose it and to be kept in escrow of a Notariuz with a written agreement signed and notarised.I doubt that a foreigner needs a permit to buy a Flat though,your Notariuz can check it for you in hours.
JacekthePole 1 | 57
19 Apr 2021 #3
It seems to be true, as we are going through same thing. Firstly as I understand generally, if you reside in Poland, have permanent residence here, then you definitely do not need a permit. This is backed up by within the brexit agreement (art. 11 and 23) it forbids discrimination of UK citizens. I understand these clauses are very general and there is no precedent yet set, however if your residence in Poland is legal and have ''zaswiadczenie o zameldowaniu na pobyt stały'' then I struggle to see why it's not ok to buy post brexit

however in your case you mention you are in a border region, I am also buying a flat right now in a border region and have same problem. The lawyer from developer and banks lawyer is saying we don't need a permit, but my lawyer says we do. No idea who is right. My lawyer says that whilst under law we need a permit to buy in a border area the brexit agreement could be used to argue that in fact we don't. However as this has never been tested in courts we have no idea if it holds up to be true
Cargo pants 3 | 1,486
19 Apr 2021 #4
but my lawyer says

You dont need a lawyer in any property purchase until its a complex commercial deal,The real person is notariuz, he/she will do all the work.Foreigners pay the lawyers unnecessarily,total waste of money.It is notariuz responsibility if he closes a wrong deal and lawyer remains clear.
JacekthePole 1 | 57
19 Apr 2021 #5
Yes I get that, i've bought properties before, however we sought opinion of a lawyer who specialises in foreigners buying property given we were unsure about this permit rule. Plus, I also like to get an opinion before I sign into a deal for large amounts, it's quite sensible. Can I ask your permission to continue?
Cargo pants 3 | 1,486
19 Apr 2021 #6
about this permit rule

Lawyers know chit,its the Notariusz.Just make sure you have your own Notariusz and not the one by the developer ...cuz just in case.Lawyers will just bleed zlots which you could save for dinners.Notariuz is the one who has to register your property in the gmina land register so he will not close if he/she cant.They will also check if there is a loan on the property.

lol just like your own lawyer and the developers lawyer have 2 diff opinions,dont waste money on em pigs in Poland.Go for the real deal:NOTARIUZ

Also an advice for Polish lawyers,before the meeting always ask them that you are meeting him for consultation or presentation.I dont meet a lawyer for consultation just for there presentation what they can do if I hire them.For consulations they ask you hundreds.presentations has to be free.
OP Andronicus 1 | 1
23 Apr 2021 #7
Thanks for the replies. We don't hold any Polish residency, but we're buying the flat for my Ukrainian mother in law who has permanent residence in Poland.

So if either we buy the property, or the mother-in-law, we are both classed as foreigners.

I'll get in contact with a Notariusz and see where that goes.
nicholas_carlo 1 | 2
24 Oct 2021 #8
the brexit agreement could be used to argue that in fact we don't

Were you able to purchase property in the end, either with or without a permit? I'm trying to buy a house, and having been told at the urząd that I should be treated as an EU citizen in all matters I'm considering arguing the point on having to get the permit to purchase land. If there is by now a precedent for doing so, I'd love to have the details.
7 Oct 2022 #9
Our son has just been through this buying an apartment within 20km of the Czech border. This was picked up by the Notary when he went with the seller to formalise the purchase. He sought the help of a local solicitor, submitted paperwork to prove it was for personal use, that he had a contract of employment and local ties, and legitimate source of funds. He was granted a permit. The process took 6 months. I think the aim is to prevent speculation in popular areas to the detriment of local residents.
Alien 12 | 2,770
7 Oct 2022 #10
What nationality is your son?

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