The acquisition of real estate in Poland by a foreigner who is not a citizen of the European Union, Switzerland, Norway, Iceland, or Liechtenstein requires, as a general rule, that the foreigner obtain a permit to acquire real estate.
The permit to acquire real estate is issued by the Ministry of Internal Affairs and Administration if the foreigner and the real estate meet the conditions for obtaining it.
General Conditions for Obtaining a Permit to Acquire Real Estate
The conditions for acquisition may depend on the specific situation of the foreigner. In every situation, the acquisition of real estate by a foreigner must not pose a threat to the defense, security of the state, or public order. The acquisition of real estate must also not be contrary to the social policy of the state. The fulfillment of these prerequisites is largely not dependent on the foreigner who wants to acquire real estate.
However, there are conditions whose fulfillment must be demonstrated in the application by the foreigner who intends to acquire real estate in Poland. These are:
- demonstrating ties with Poland,
- disclosing the source of origin of funds for the acquisition of real estate,
- justifying the purpose of acquiring real estate.
Practical Problems in Justifying the Application for a Permit to Acquire Real Estate
Practice shows that the most difficulties for applicants are caused by:
- demonstrating ties with Poland,
- disclosing the source of origin of funds for the acquisition of real estate.
Demonstrating Ties with Poland
The most straightforward way to demonstrate a foreigner’s ties with Poland is to hold a residence permit in Poland (temporary, permanent, or EU long-term resident) or marriage to a Polish citizen.
But what should be done when a foreigner does not meet any of these conditions?
The law does not require specific documents nor does it limit the ways of demonstrating ties with Poland. Therefore, one can refer to:
- demonstrating Polish roots;
- conducting business activity in Poland;
- performing work;
- conducting scientific, charitable, or other activities in Poland;
- informal relationship with a Polish citizen.
The catalog of prerequisites is not closed – any circumstances can be used that, in the foreigner’s assessment, justify their connections with Poland.
Disclosing the Source of Origin of Funds for the Acquisition of Real Estate
Another requirement whose fulfillment causes many applicants difficulties in practice is justifying the origin of funds for the acquisition of real estate. While in the case of credit financing or the ability to confirm high earnings from an employment contract the situation is obvious, in the case of savings the matter may be more complicated. This particularly applies to funds accumulated over many years, especially those brought from abroad.
As in the case of demonstrating ties with Poland, there is no list of specific required documents that the foreigner should present. However, it is important that the origin of funds finds clear confirmation in documents. Importantly, these can be foreign documents – especially if, for example, savings come from the time of residing outside Poland.
The following may prove useful:
- tax returns for previous years,
- confirmations of receiving gifts from relatives,
- contracts for the sale of real estate or valuable items.
Appropriate declarations can also become evidence in the case when cash funds were transported across the border in amounts requiring declaration.
Summary
Obtaining a permit to acquire real estate by a foreigner is possible even when the possessed documents do not indicate direct fulfillment of the prerequisites. Those reviewing the application analyze it in detail, therefore a well-prepared justification, supported by a series of indirect documents, allows for a successful conclusion of the matter. However, it is important to properly justify the application already at the stage of submitting the application for granting a permit to acquire real estate and attach documents that confirm the presented state of facts, as well as maintain consistency of argumentation. The help of a lawyer experienced in matters of obtaining permits to acquire real estate may prove valuable support in such a case.
