Can a foreigner buy property in Poland? Permits, exemptions and the traps

The rule: a permit from the Minister of the Interior

The Act of 24 March 1920 on the Acquisition of Real Estate by Foreigners still governs the question. Its Article 1(1) sets the rule: acquisition of real estate by a foreigner requires a permit, issued by the minister responsible for internal affairs, provided the Minister of National Defence does not object (and, for agricultural property, the minister responsible for rural development).

“Foreigner” is defined broadly (Article 1(2)). It covers:

• an individual without Polish citizenship;
• a legal person with its seat abroad;
• a partnership of such persons established under foreign law;
• a Polish company controlled, directly or indirectly, by foreigners.

The last point surprises many investors: setting up a Polish company does not by itself take you outside the Act.

Exemption 1: citizens and businesses of the EEA and Switzerland

Under Article 8(2), citizens and entrepreneurs of the states of the European Economic Area and Switzerland do not need a permit. The Act still contains transitional restrictions for agricultural and forest land and for second homes, but those periods were tied to Poland’s accession to the EU in 2004 and have expired.

This exemption is about the 1920 Act only. Agricultural land is subject to separate rules on the agricultural system that apply to every buyer, Polish or foreign. They are a separate check.

Exemption 2: an apartment

For everyone else, the most important exemption is Article 8(1)(1): buying a separate residential unit within the meaning of the Act on the ownership of premises does not require a permit. A garage unit, or a share in one, linked to the buyer’s housing needs is also exempt (Article 8(1)(1a)).

“Separate unit” is a legal concept: the apartment has its own legal status, usually its own land and mortgage register. Buying a house, a plot, or a share in a building that has not been divided into units is a different situation.

Other exemptions

Article 8(1) also exempts, among others:

• a foreigner who has lived in Poland for at least 5 years after obtaining a permanent residence permit or EU long-term resident status;
• a foreigner married to a Polish citizen who has lived in Poland for at least 2 years after obtaining such a permit, if the property becomes the spouses’ joint property;
• a foreigner who is a statutory heir of the seller, where the seller has owned the property for at least 5 years.

Inheritance by statutory heirs is outside the Act altogether (Article 7(2)). A foreigner who inherits under a will may need a permit and has two years from the opening of the succession to apply (Article 7(3)).

The two traps: the border zone and large agricultural plots

Article 8(3) switches the Article 8(1) exemptions off for:

• property located in the border zone, and
• agricultural land larger than 1 ha.

So the apartment exemption does not help if the apartment is in the border zone. Check the location before relying on it.

Why this matters: invalidity

An acquisition contrary to the Act is invalid (Article 6(1)). A court can declare it invalid also at the request of the local mayor, the district head, the voivode or the Minister of the Interior (Article 6(2)). The notary must also send the deed to the Minister of the Interior within 7 days (Article 8a). The question has to be answered before the deed, not after.

What we check before you sign

1. Who exactly buys: the individual, the spouses, a company and who controls it.
2. What is bought: apartment, house, plot, agricultural land, shares in a company that owns real estate.
3. Where: border zone, agricultural land area.
4. Whether an exemption applies, and if not, the permit application and its timeline.
5. The usual due diligence: land register, zoning, utility lines, access, price.

Legal status as of 30 October 2026. Act of 24 March 1920 on the Acquisition of Real Estate by Foreigners, consolidated text. This article is general information, not legal advice for your case.