Buying Property in Poland as a Foreigner — When Do You Need a Permit?

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

You live in the UK, hold a British passport, but you want to buy a house or flat in Poland — maybe overlooking the Vistula in Warsaw, maybe near family in a small town. Do you need a permit? The answer is: it depends on your nationality and the type of property.

The rules are convoluted, and they changed after Brexit. This article explains who needs a permit, how to get one, and what the exemptions are.

⚠️ Brexit changed the picture. British citizens lost the automatic exemption from the permit requirement that they enjoyed as EU citizens. A UK citizen now generally needs to obtain a permit from the Ministry of the Interior and Administration (MSWiA) — with a few narrow exceptions (flats, residential units).

The Act of 24 March 1920 on the Acquisition of Real Estate by Foreigners

The legal basis is the Act of 24 March 1920 — old legislation, but still in force. The general rule: foreigners (people without Polish citizenship) need a permit from the Minister of the Interior and Administration (MSWiA) to acquire property in Poland.

The permit is granted or refused on the basis of: - The public interest, - International relations, - State security.

In practice: most applications are approved (there's no formal obstacle to EU/EFTA citizens — or UK citizens, once they apply — buying a flat), but the procedure takes time.

Who needs a permit — the breakdown

No permit needed:

1. Polish citizens — regardless of where they live (even if you also hold a British passport, if you also hold Polish citizenship, you have the automatic right).
2. EU/EFTA citizens — nationals of EU/EFTA member states (Germany, France, Italy, Sweden, Norway, Iceland, Liechtenstein, Czechia, Hungary, Slovakia, Romania, Bulgaria, Croatia, etc.) are exempt from the permit requirement ✅.

Permit needed:

1. UK citizens (without Polish citizenship) — ⚠️ since Brexit,
2. Citizens of countries outside the EU/EFTA — any other nationality (USA, Canada, Australia, Japan, etc.).

Post-Brexit and UK citizens — the 2020 change

Until 31 December 2020, British citizens were treated as EU citizens (the UK was an EU member state). After Brexit, from 1 January 2021, they lost that exemption.

Now a UK citizen: - ⚠️ Needs an MSWiA permit to buy property, - Exception: buying a flat (Article 1(3) of the 1920 Act) — some interpret this as an exemption, but it depends on the specific type of property and MSWiA's position.

Exemptions from the permit requirement

Exemption 1: EU/EFTA citizens (pre-Brexit; no longer applies to the UK)

Citizens of EU/EFTA countries are exempt from the permit (Article 1(4b) of the 1920 Act).

Exemption 2: Flats (unclear for UK citizens post-Brexit)

Article 1(3) of the Act says that certain properties (flats, residential units used personally by the owner) may be exempt. However, for UK citizens the status is unclear — MSWiA's practice keeps shifting.

Exemption 3: Acquisition by inheritance

If you've inherited property from a close Polish relative, the procedure is simplified — a permit is not always required (Article 1(2) of the Act).

Exemption 4: Five years' residence

⚠️ If you have been continuously resident in Poland for at least 5 years (for example, you work there and have a permanent place of residence), certain provisions may exempt you from the permit — but this requires an individual assessment.

How to obtain an MSWiA permit

If you've established that you need a permit, here's the procedure.

1. Preparing the documents

Submit an application to MSWiA (specifically the Internal Security Department, or your local Provincial Office — a notariusz (a civil-law notary, ≠ a UK notary public) will usually guide you) containing:

• The application form — available on the MSWiA website or from the notary,
• A copy of your passport — proof of citizenship,
• A statement — the purpose of the purchase (private residence, investment, etc.),
• The preliminary agreement or its draft — what you intend to buy,
• A certificate of the property's legal status — an extract from the księga wieczysta (the land and mortgage register),
• A certificate of no criminal record — confirming you have no criminal record.

2. Submitting the application

• By post to MSWiA's address,
• OR electronically (via the ePUAP platform, if you have access),
• OR through a notary — the notary sometimes handles the formalities for you.

3. Waiting for the decision

• Usually 4–8 weeks, sometimes longer,
• MSWiA may request further information (income, purpose of the purchase, ties to Poland),
• If MSWiA does not respond, the purchase is deemed not to be opposed.

4. Receiving the permit

• You'll receive a letter at your address confirming the permit has been granted,
• You must show this letter to the notary before the akt notarialny (notarial deed) is signed,
• Without the permit, the notary will not draw up the deed — doing so would be unlawful.

Dual Polish-British citizenship

If you hold both Polish and British citizenship: - You can rely on your Polish citizenship and buy property without a permit, - You'll need to prove this with a Polish passport or a certificate from the civil registry office.

Polish courts may require you to rely on your Polish citizenship in property transactions — it's the simplest route.

What happens if you buy without a permit

⚠️ This is a serious legal risk:

1. The notarial deed will be invalid — if the notary realises the permit is missing, they will refuse to draw it up,
2. A court can annul the deed — if it has already been signed, the public authorities may seek to have the transaction declared void,
3. You lose your money — the property remains the seller's, and you will have no rights to it whatsoever,
4. Financial penalties — MSWiA can impose fines.

The notary will always check whether you need a permit before agreeing to draw up the deed. That's their professional duty.

Practical tips

1. Before you start house-hunting, check with MSWiA whether you need a permit — do this by email, and don't leave it until the last minute.
2. Instruct a notary early — a notary knows which formalities are required and can help prepare the application.
3. Build in time — the permit process takes several weeks, so the preliminary agreement should include a condition precedent (ownership transfers only once the permit is obtained).
4. If you hold Polish citizenship, use it — it's the simplest exemption.
5. Apply for the permit as soon as you sign the preliminary agreement — don't wait until the notarial deed is due.

Frequently Asked Questions (FAQ)

Does a UK citizen need a permit to buy property in Poland after Brexit? Officially — yes, an MSWiA permit is required. But for flats (especially family homes), the procedure is sometimes simplified. Check with a notary and with MSWiA.

How long does it take to get an MSWiA permit? 4–8 weeks, sometimes longer. We recommend applying as soon as you sign the preliminary agreement, before a date is set for the notarial deed.

What if MSWiA refuses the permit? This is rare for flats. If it happens, you can appeal to the administrative court. In practice, you may also be able to withdraw from the agreement (this depends on the terms of the preliminary agreement).

Does a citizen of Germany, France or Italy need a permit? No — EU/EFTA citizens are exempt from the permit requirement.

Does a Polish person with a British passport need a permit? If you also hold Polish citizenship (a certificate of citizenship), no — rely on your Polish citizenship. If you hold ONLY British citizenship, yes — you need a permit.

Can I buy property in Poland as a citizen of Canada, the USA or Australia? Yes, but you'll need an MSWiA permit. The procedure is the same as for UK citizens.