When Does a Foreigner Need Permission to Buy Property in Poland?

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

Key points

Who this guide is for

This guide is for you if:

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Dealing with a Polish property or relocation matter from the UK?

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This guide is not for you if you hold Polish citizenship — the foreigner-acquisition rules simply don't apply to you, regardless of where you live. It's also not a complete guide to buying agricultural land or property in a border zone, or to the mechanics of a remote purchase — those topics are covered in separate guides linked below.

Contents

Who counts as a "foreigner" under Polish law

The Polish Act of 24 March 1920 on the Acquisition of Real Estate by Foreigners defines "foreigner" broadly. It covers, among others: an individual without Polish citizenship, a legal person headquartered abroad, a partnership without legal personality headquartered abroad, and — a point that's easy to miss — a Polish entity (e.g. a Polish-registered company) that is directly or indirectly controlled by a foreigner. In other words, a Polish company controlled by a British citizen is subject to the same restrictions as an individual without Polish citizenship.

Since 1 January 2021, British citizens are treated in Poland as third-country nationals — foreigners from outside the European Union and the European Economic Area (EEA). This follows directly from the UK's exit from the EU (and therefore the EEA). The exemption available to EEA and Swiss citizens (article 8(2) of the Act) does not apply to them.

One distinction worth internalising early on: the status granted by the UK–EU Withdrawal Agreement protects British citizens who were lawfully exercising a right of residence in Poland before 1 January 2021 and continue to do so — but that protection primarily covers rights of residence, work and social security. It does not create a separate exemption from the property-acquisition permit requirement. A British citizen covered by the Withdrawal Agreement must therefore rely on the general permit process, or on one of the exemptions described below — Withdrawal Agreement status alone does not help here.

When a permit is required — and when it isn't

The starting point is the general rule: acquisition of real estate in Poland by a foreigner requires a permit from the minister responsible for internal affairs. This applies both to acquiring ownership and to acquiring perpetual usufruct rights.

The Act sets out significant exemptions, however. The table below covers the situations most relevant to a British citizen relocating to, or buying property in, Poland.

Situation Is an MSWiA permit required?
Buying a self-contained residential unit (a flat with its own register entry), outside a border zone Generally no (article 8(1)(1))
Buying a detached or semi-detached house Generally yes, unless one of the exemptions in article 8(1)(2)–(4) applies
Buying a building plot Generally yes
Buying agricultural land Generally yes — and a separate regime under the Act on the Formation of the Agricultural System applies on top (KOWR consent)
Property in a border zone Most exemptions do not apply — a permit is required in nearly all cases
Statutory inheritance (no will) No — a full exemption
Testamentary inheritance Yes, applied for within 2 years of the estate opening, otherwise the property passes to the statutory heirs instead
A British citizen resident in Poland for at least 5 years on permanent residence / EU long-term resident status No (article 8(1)(2))
A British citizen married to a Polish citizen, resident in Poland for at least 2 years, property entering joint marital assets No (article 8(1)(3))

For a fuller breakdown of how property types are treated differently, see Buying a Flat, House or Land in Poland: Legal Differences for Foreign Buyers, and for agricultural land and border-zone rules, see Buying Agricultural Land or Property in a Polish Border Zone. A general overview of the rules for foreign buyers is also available in Polish on twojasprawa.com (in Polish) — this guide focuses specifically on the permit procedure itself.

The four key exemptions in article 8(1)

Because the permit procedure can take time and money, it's worth checking carefully whether one of the statutory exemptions already applies to you. The 1920 Act sets out several — here are the four most relevant for a UK→Poland relocation.

1. Self-contained residential unit (article 8(1)(1)). Acquiring a flat within the meaning of the Act on Ownership of Premises — meaning a unit with its own separate księga wieczysta (land and mortgage register entry) — does not require a permit, regardless of the purpose of the purchase. This is the simplest route for most people relocating from the UK, provided you're buying a flat rather than a house. A related exemption also covers a self-contained garage unit connected with the housing needs of the buyer or their neighbours.

2. Five years of permanent residence (article 8(1)(2)). A foreigner resident in Poland for at least 5 years from the date permanent residence, or EU long-term resident status, was granted may acquire property without a permit — regardless of type (house, plot, land, subject to the border-zone and agricultural-land caveats noted above). For a British citizen who settled in Poland after Brexit and obtained permanent residence, this five-year clock runs from the date the permit was granted, not from the date you actually arrived in Poland.

3. Married to a Polish citizen, two years of residence (article 8(1)(3)). If you're a British citizen married to a Polish citizen and have lived in Poland for at least 2 years from the date permanent residence or EU long-term resident status was granted, you can acquire property without a permit — provided it becomes part of the couple's joint marital assets. If instead you want to buy property solely in your own name (as personal, not joint, property), this exemption does not apply and you would still need a permit. For unmarried couples, this exemption does not apply at all — see the mistakes section below.

4. Statutory inheritance from a long-term owner (article 8(1)(4)). A foreigner entitled to statutory inheritance from a seller who owned, or held perpetual usufruct of, the property for at least 5 years may acquire it without a permit — for example via a gift from a parent. This is a distinct situation from ordinary statutory inheritance (below), which is exempt regardless of how long the deceased owned the property.

Inheritance — a separate category. Acquisition of Polish real estate by a foreigner through statutory inheritance (i.e. without a will) is fully exempt from the permit requirement, regardless of how long the deceased owned the property. Testamentary inheritance or acquisition through a zapis windykacyjny (vindication legacy — a Polish will mechanism that transfers a specific asset directly, without going through the general estate) is different: the foreign heir must obtain an MSWiA permit, applying within 2 years of the estate opening (or, for a vindication legacy, within 2 years of learning that the property fell into the estate).

Miss that window and ownership passes to the statutory heirs instead of the named beneficiary. This matters directly for estate planning by a British citizen who owns, or intends to own, property in Poland — it's worth discussing with a lawyer in both jurisdictions well in advance.

How the procedure works, step by step

If none of the exemptions apply to you, you'll need to go through the formal administrative procedure.

Step 1 — submit the application. There is no official form for the permit application — but it must contain the information required by the 1920 Act and its implementing regulation. In practice this typically includes:

The application can be submitted in person at MSWiA, by post, or electronically via Poland's e-government platforms (ePUAP / e-Doręczenia).

Step 2 — opinions from the defence and agriculture ministries. During the process, MSWiA seeks an opinion from the Ministry of National Defence and — for agricultural property — from the agriculture ministry. These opinions are what typically extend the real-world processing time (see the timing section below).

Step 3 — the administrative decision. The permit is issued as an administrative decision by the minister responsible for internal affairs and is valid for 2 years from the date of issue. You need to complete the transaction (the notarial deed) within that window.

Step 4 — the notarial deed. Only once you hold a final permit can the notary proceed with the sale. Notaries typically ask to see the original decision before signing the deed.

The promesa — a promise of permit

Before you've found a specific property, or before you want to commit formally to a particular transaction, you can apply for a promesa — a promise of permit. It's valid for 1 year from the date of issue, and during that period the authority cannot refuse to grant the permit unless the underlying facts of the case have changed (for example, a change in circumstances relating to the applicant or the property).

A promesa is useful if you want certainty about your eligibility "at the start" of your property search — before you commit to a specific offer, enter negotiations, or pay a deposit.

Fees and how long it takes

The stamp duty fee for the permit to acquire property as a foreigner is PLN 1,570. A promesa costs PLN 98, and a certificate costs PLN 17. Payments are made to the account of the Warsaw City Taxpayer Service Centre (Centrum Obsługi Podatnika m.st. Warszawy).

Processing time is one of the most commonly underestimated parts of this process. Formally, the procedure should not take longer than 2 months from initiation, provided the application is complete — but this is a guideline deadline under the Code of Administrative Procedure, not a guaranteed one. In practice, because of the required opinions from the defence and agriculture ministries (each typically 14–30 days), the real processing time tends to be longer — trade sources suggest as much as 3–4 months outside the fast-track available for Polish Investment Zones.

Practical implication: if you're planning to buy a house or a plot that requires a permit, build 2–4 months of waiting time into your transaction timeline — and reflect this in your preliminary contract with the seller, for example as a condition precedent.

What happens if you buy without a permit

This is the most serious consequence in this whole topic: acquisition of property by a foreigner in breach of the 1920 Act — that is, without the required permit — is void by operation of law. This isn't an administrative fine or penalty; the underlying legal transaction itself is void.

A court declares this invalidity on the application of certain public bodies, including a wójt (head of a rural commune), a starosta (district head), a regional marshal, a regional governor (wojewoda), or the minister responsible for internal affairs. That means even a transaction that formally went through at the notary's office and was registered in the land and mortgage register can later be challenged — generally without a time limit. This is exactly why checking the permit requirement before signing a preliminary contract or paying a deposit — not after — matters so much.

Documents you will need

For the permit (or promesa) application, you'll typically need:

The exact list can vary depending on the type of property and the basis of the application — MSWiA publishes current requirements on its own website.

Common risks and mistakes

  1. Assuming the Withdrawal Agreement exempts you. It doesn't — the protection it offers covers residence and work, not property acquisition.
  2. Buying a house or plot without checking the permit requirement first. Signing a preliminary contract or paying a deposit before establishing whether a permit is required can create a stalemate — the seller expects to close, while you're only just starting a process that can take several months.
  3. Buying "for" an unmarried partner without a permit. The exemption for a spouse of a Polish citizen (article 8(1)(3)) applies only to marriage — an unmarried (cohabiting) partner does not qualify for this exemption, even after many years of living together in Poland.
  4. Underestimating the timeline in the contract with the seller. If the seller expects a quick close and you need 2–4 months for the permit, failing to build in an appropriate clause (such as a condition precedent) in the preliminary contract can result in a lost deposit or a dispute.
  5. Missing the 2-year deadline for testamentary inheritance. If you've inherited property in Poland under a will (rather than by statutory inheritance), the deadline to apply for the permit runs from the estate opening — missing it means the property passes to the statutory heirs instead of you.
  6. Buying through a Polish company controlled by a foreigner to sidestep the rules. The Act expressly covers this scenario — a Polish entity controlled by a foreigner is treated as a foreigner itself.

Checklist

Frequently asked questions

Does a British citizen always need a permit to buy property in Poland? Not always. It depends on the type of property and the buyer's circumstances. Buying a self-contained residential flat generally does not require a permit. Buying a house, a building plot or agricultural land generally does require an MSWiA permit, unless the buyer meets one of the statutory exemptions (for example, 5 years of permanent residence in Poland, marriage to a Polish citizen plus 2 years of residence, or statutory inheritance).

Does Withdrawal Agreement status exempt me from needing a permit? No. The protection under the UK–EU Withdrawal Agreement primarily covers rights of residence, work and social security, not the right to acquire property without a permit. A British citizen covered by this agreement still needs to rely on the general permit process, or on one of the other statutory exemptions.

How long does it take to get an MSWiA permit? Formally, the process should not exceed 2 months from initiation for a complete application, but that's a guideline deadline, not a guaranteed one. In practice, because of the required opinions from the defence and agriculture ministries, real processing time tends to be longer — as much as 3–4 months.

How much does the permit to buy property as a foreigner cost? The stamp duty fee for the permit is PLN 1,570. A promesa (promise of permit) costs PLN 98, and a certificate costs PLN 17.

What is a promesa, and how is it different from a permit? A promesa is a promise to grant the permit, valid for 1 year. During its validity, the authority cannot refuse the permit unless the underlying facts of the case have changed. It's useful if you want certainty about your eligibility before you find a specific property.

What happens if I buy property without the required permit? Such a transaction is void by operation of law. A court can declare it invalid on the application of certain authorities, including a regional governor or the minister of internal affairs — potentially some time after the transaction was completed.

Does inheriting property in Poland as a British citizen require a permit? It depends on the basis of the inheritance. Statutory inheritance (without a will) is fully exempt from the permit requirement. Testamentary inheritance, or inheritance via a zapis windykacyjny (vindication legacy), requires an MSWiA permit, applied for within 2 years of the estate opening — otherwise the property passes to the statutory heirs instead.

Does buying property in Poland give me a right of residence? No. Buying property — regardless of type or value — does not on its own grant a right of residence in Poland or the EU, and is not a basis for obtaining a visa or a residence permit. Residence rights are governed by separate legislation on foreigners.

Deadlines

If you're planning to buy a house, plot or land and you're not sure which exemption — if any — applies to you, before signing any preliminary contract or paying a deposit, it's worth requesting a free initial assessment at twojasprawa.com/en/moving-to-poland-buying-property#assessment-form. We help you organise the documents and identify exactly what a Polish lawyer will need for a full review.

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Sources

Information verified on: 11 July 2026.

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