Legal restrictions

1. Acquisition of immovable property by foreign persons/companies.

Are there any legal restrictions that affect a foreign citizen wishing to purchase an immoveable property? Does nationality play a role at all?

Are any permits required by a foreign citizen wishing to purchase a real estate property?  Are these matters covered by the Land Registry Procedure?

There are legal restrictions that affect a foreign citizen wishing to purchase an  immoveable property. A foreign citizen wishing to purchase a real estate property is obliged to have a permission signed  by a Ministry of Internal Affairs.

However there are some exceptions and in some cases the acquisition of the immoveable is allowed without a special permission.

For example: when a foreign citizen has his permanent residence in Poland for at least 5 years. These matters are covered by Act of 24 march 1920 on acquire an immoveable property by a foreign citizen.

2. Acquisition of agricultural land: restrictions and limitations.

Are there any legal restrictions that affect a foreign citizen wishing to purchase an agricultural property? Is there any kind of limitation?

Are any permits required by a foreign citizen wishing to purchase an agricultural property? Are these matters covered by the Land Registry Procedure?

Are any permits required by a domestic citizen wishing to purchase an agricultural property?

If a foreign citizen wishing to purchase an agricultural property the permit   signed by the Ministry of Internal Affairs is necessary.

3. Acquisition of flat property: legal restrictions.

With regard to the purchase of flat property, are there any legal restrictions, such as approval by other apartment owners or by the management company responsible for the relevant property (stipulated in the statutes for example)? Are these matters covered by the Land Registry Procedure?

There are no such legal restrictions in Poland.

4. Acquisition of immovable property in special areas (such as on the coast or near military-related sites or in national parks, in the mountains, etc.)

Is a permit required for the acquisition of real estate property in special areas (such as on the coast or near military-related sites or in national parks, mountains, etc.)? Is this part of the Land Registry Procedure?

Yes, a permit is required for the acquisition of real estate property in special areas:

  • on the coast-local maritime authority
  • military-related sites – permit supreme body of government administration proper in these cases
  • in natural park-proper Director of National Park.

It is not part of the Land Registry Procedure.

5. Acquisition of immovable property and listed monuments and memorials.

Is a special permit required for the acquisition of monuments or listed buildings?

Is this part of the Land Registry Procedure?

Yes, there is. One must have permit from the heritage conservator.

6. Planning Code and legal restrictions (pre-emption right; approval by the municipality or other authorities; splitting a land parcel).

Do your municipalities or the government have a special pre-emption right to property (i.e. a right of first option for the sale of a real estate property)? Does land division require a special permit?

Are these matters covered by the Land Registry Procedure?

Our Municipalities and the government have a special pre-emption right to property. A sale performed unconditionally will be invalid.

The pre-emption emption right is exercised by a declaration being made to the obliged person. If the execution of a sale contract for a thing which is the subject of the pre-emption right requires a specific form, a declaration on exercising the pre-emption right should be made in the same form.

The pre emption to real estate may be exercised within one month, of receipt of a sale notification unless other periods are stipulated.

Land division require local authority approval that ensures the respect of the urbanization plan. The land registry court registers splitting in the land book based on the registration sheet from the cadastre and the valid decision made in cadastral procedure.

These matters are not covered by LR procedure.