For buyers
Buying property in Poland as a foreigner — when a permit is needed
A self-contained flat in Poland can be bought by any foreigner, with no permit and regardless of citizenship. A ministry permit only comes into play for a house with land or a plot — and only for buyers from outside the European Economic Area.
Legal status as of September 2, 2026
How to tell whether a permit is needed
- 01
Check the citizenship
Citizens of the European Union, Iceland, Liechtenstein, Norway and Switzerland need no permit for anything. For them the question ends here.
- 02
Check what exactly you are buying
A self-contained residential unit — no permit, whatever the citizenship. A garage or parking space serving the owner's housing needs — likewise.
What decides is the object, not the price or the floor area. A flat at five million is exempt; a small plot under a house is not.
- 03
A house or a plot, and non-EEA citizenship
Here a permit is required. The application goes to the Ministry of the Interior and Administration before the transfer of ownership is signed.
You can apply for a promesa — a binding promise to issue the permit. It is valid for a year and lets you negotiate calmly before releasing any money.
- 04
Check whether another exemption applies
No permit is needed by a foreigner who has lived in Poland lawfully for at least five years, by the spouse of a Polish citizen after two years of residence when buying into joint property, or by someone acquiring through statutory inheritance.
Where the misunderstanding comes from
The act on the acquisition of real estate by foreigners dates from 1920, and in the popular imagination it means a foreigner „needs permission”. In practice the exemption for flats is so broad that for a client looking for an apartment in Warsaw the act simply does not apply.
The key concept is the self-contained residential unit: a separated unit made up of rooms and auxiliary spaces. Such a flat is bought with no consent of any kind, and the notary asks for nothing extra on this account.
A detached house is different. Buying a house means buying the land under it — and land is real estate where citizenship does matter.
What happens when a permit is required
The application is filed with the ministry before the transfer deed is signed. The stamp duty is 1,570 zł for a permit and 98 zł for a promesa.
The minister examines, among other things, the applicant's ties to Poland — residence, work, marriage, business activity — together with the position of the minister of defence, and for agricultural land the minister of agriculture as well.
Practical advice: when negotiating a house, agree a preliminary contract with a deadline that allows for the proceedings, or apply for a promesa first. Sellers rarely wait without such assurance.
The price of skipping the permit
Acquiring property without a required permit is invalid. This is not a fine or a delay — the contract simply produces no effect, and a court declares the invalidity at the request of a public authority.
That is why, with a house or a plot, checking the buyer's citizenship is the first thing a notary does. With a flat there is nothing to check, and that is where the difference in pace between the two transactions comes from.
A separate note for buyers outside the city: the exemptions do not apply in the border zone. Warsaw and its surroundings are not affected, but near a border it is worth asking directly.
Frequently asked questions
Do I need a residence card or a PESEL number to buy a flat?
Not for the purchase itself. A passport and a tax identification number are enough. A PESEL makes everything around the purchase easier — a loan, utilities, registered residence — but it is not a condition of acquiring ownership.
Can a foreigner get a mortgage in Poland?
Yes, though banks differ in what they require: usually income in Poland, an employment history and a higher down payment than from a citizen. That is bank policy, not a statute — which is why it is worth comparing several offers.
I am buying a flat with a space in the underground garage. Is a permit needed?
No, provided the space serves the housing needs of the owner of the unit. The act treats it exactly like the flat itself.
And a house outside Warsaw?
With non-EEA citizenship — yes, a ministry permit is required, because the land comes with the house. Citizens of the EU, Iceland, Liechtenstein, Norway and Switzerland buy without one.
How long does a permit take?
It is an administrative procedure involving opinions from other authorities, so it is counted in months rather than weeks. That is why, with a house, you plan a preliminary contract with a suitable deadline or apply for a promesa.
Can I buy through a company registered abroad?
A legal person with its seat abroad counts as a foreigner under the act, and so does a Polish company controlled by foreigners. The exemption for self-contained residential units covers these entities too.
This text describes the legal position as of the date above and is informational — it does not replace legal advice on a specific case. If your situation differs from the one described, write to us or consult a lawyer.
See also
Still have a question?
Write to us — we answer specific questions specifically, even if you are not looking for a flat yet.