Pre-emption Rights on Polish Property: When Do They Apply?

This guide is general legal information, not legal advice. How the rules apply depends on your individual circumstances, and the matter should be assessed by a qualified Polish lawyer. Twoja Sprawa helps you organise the documents for that assessment.

You want to sell your property in Poland, and it turns out the local council (gmina — the basic unit of Polish local government) has a pre-emption right over it. Or you've bought a house that came with sitting tenants, and their lease contained a right of first refusal. What does this actually mean? This guide explains Poland's statutory pre-emption right (prawo pierwokupu, Articles 596–602 of the Polish Civil Code, Kodeks cywilny — abbreviated KC): who holds it, how it's exercised, and what happens if you sell without giving the required notice.

What is a pre-emption right (Article 596 KC)?

A pre-emption right (prawo pierwokupu) is a right held by a third party — for example the local council, KOWR (the National Agricultural Support Centre), or a tenant — to buy a property ahead of anyone else if the owner decides to sell. Under Article 596 of the Polish Civil Code, a pre-emption right gives the holder:

  1. The right to be notified of the planned sale,
  2. A time-limited option to step in — buying on exactly the same price and terms offered to the other buyer,
  3. The right to seek a declaration that the sale is invalid if the owner failed to notify them.

In plain terms: if you sell a house for 300,000 PLN and the council holds a pre-emption right, the council can say "we'll buy at 300,000 PLN" — and the contract with the other buyer falls through.

Who can hold a pre-emption right?

A pre-emption right may be held by:

🇵🇱

A Polish legal matter while you live in the UK?

Describe your situation — the initial review is free and non-binding. We match you with a regulated Polish lawyer; most matters are handled remotely under a power of attorney.

Request a free initial assessment

1. The local council (Article 109 of the Local Government Property Act)

Polish councils (gmina) hold a pre-emption right over: - Properties within their territory (all types), - In particular, properties with public significance (parks, recreation areas, land earmarked for schools).

Deadline: the council has 30 days to exercise the right.

2. KOWR (National Agricultural Support Centre)

KOWR holds a pre-emption right over agricultural land. Deadline: 3 months.

3. The tenant (Article 596 §2 KC)

If a property is let, the tenant may hold a pre-emption right. The condition: the tenant must have a written lease agreement.

Deadline: the tenant has 30 days to exercise the right.

4. A co-owner (Article 596 §1 KC)

If a property is co-owned (two or more people), each co-owner holds a pre-emption right over the other co-owner's share if that co-owner wants to sell to a third party.

Deadline: the co-owner has 30 days.

5. Other parties (by contract)

A pre-emption right can also be agreed contractually between parties — for example, a lender's loan agreement may give the lender a pre-emption right if the borrower wants to sell.

Procedure — how a pre-emption right is exercised

If you want to sell a property and you know someone holds a pre-emption right over it:

Step 1: Notice

You must notify the rights-holder of the planned sale. The notice (governed by Article 596¹ KC) should include: - A description of the property (address, plot/unit number), - The price and terms of sale, - The deadline for exercising the right (usually 30 days), - A warning of the consequences of missing that deadline.

Form: the notice must be in writing (recorded delivery post, email with proof of receipt — SMS is sometimes accepted, but recorded delivery post is the safest route).

Step 2: The waiting period

The rights-holder has 30 days (or whatever period applies) to decide. There are three possible outcomes: - They express interest — and buy at the agreed price, - They decline — you lose the obligation to offer to them for this sale, - They don't respond — silence is treated as declining.

Step 3: The sale

If the rights-holder doesn't exercise the pre-emption right, you may sell to the third party, but on terms no more favourable than those you notified (Article 596 §2 KC). If you want to offer better terms, the rights-holder is entitled to match them.

Important: you cannot sell at a higher price or on better terms than those in the notice. If you want to change the terms, you must notify the rights-holder again.

Selling without giving notice — the risk of an invalid sale

This is a serious matter. If you sell without notifying the rights-holder:

  1. The sale may be invalid — the rights-holder can apply to the court for a declaration of invalidity (Article 596 §2 KC),
  2. The rights-holder can still buy — at the price you received from the other buyer,
  3. You may lose money — the other buyer may bring a claim against you for repayment, if the sale is unwound,
  4. Court costs — if it goes to litigation, you bear the costs.

Worked example

You own a house worth 300,000 PLN. Your tenant holds a pre-emption right. You sell to a third party for 350,000 PLN without notifying the tenant. The tenant sues, and the court finds the sale invalid. The tenant can now buy at 300,000 PLN (the original price), while the other buyer claims back the 350,000 PLN from you.

The council's pre-emption right (Article 109 of the Local Government Property Act) — a special case

Polish councils hold a very broad pre-emption right. Under Article 109 of the Local Government Property Act:

⚠️ In practice: councils rarely exercise pre-emption over small residential flats — there's simply no interest. Over land earmarked for public infrastructure, however, they almost always do.

What to do from the UK

If you own a property in Poland and want to sell it:

  1. Check the register — look up the księga wieczysta (land and mortgage register) — Section II — to see whether anyone holds a pre-emption right,
  2. Contact the council — send the local council formal notice (find its address through the council office),
  3. Notify any tenant — if there are sitting tenants with a written lease, notify each of them,
  4. Notify KOWR — if the property is agricultural land,
  5. Wait out the 30-day window — if no one comes forward, you can sell to your third-party buyer.

Frequently asked questions

Does the council always have a pre-emption right? Practically speaking, yes — every council holds a right over property within its territory. But it rarely exercises it over ordinary flats. It's far more likely to use it for green spaces, land earmarked for schools, and similar.

How do I notify the council — where does the letter go? To the local council office (Urząd Gminy) — the property department or general secretariat. You'll find the address on the council's website or in the property's paperwork. Send it by recorded delivery post or email with proof of receipt.

What if the deadline passes and the rights-holder doesn't reply? It's treated as a decision not to buy — you're then free to sell to the third party.

Can I get around the pre-emption right by letting the property instead of selling it? The pre-emption right applies to a sale, not a letting. If you let the property, no pre-emption right is triggered. But if you later sell, the notice obligation applies again.

What if my tenant holds a pre-emption right and I want to evict them? You cannot evict a tenant purely to sell the property while sidestepping their pre-emption right. You must notify the tenant first; only once they decline (or the deadline passes) can you sell to a third party.

Free assessment of your case

Selling a property in Poland and not sure who holds a pre-emption right over it? Or buying one and worried about this issue? Get in touch with Twoja Sprawa at twojasprawa.com. We'll review your situation free of charge.

Disclaimer

Twoja Sprawa (twojasprawa.com) is a matching platform — not a law firm. This article is for general information only. Pre-emption procedures can vary by case — always take advice from a qualified lawyer before selling. We do not guarantee that you will avoid a dispute over a pre-emption right.

Sources

Related articles

Have a Polish legal matter from the UK?

Describe it — we review it free of charge and, with your consent, match you with a regulated Polish advocate or legal counsel. Cases in Poland can be handled remotely, under a power of attorney. The lawyer decides whether to take the case; no guarantee of outcome.

Request a free initial assessment →