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    Buying Property in Poland — Real Estate Lawyers for Foreigners

    Buy property in Poland safely as a foreigner. English-speaking lawyers handle due diligence, the MSWiA permit where needed, and the full notarial closing — remotely if you wish.

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    Foreigners can buy property in Poland, and in most cases no special permit is needed: buying a standalone apartment (a separate residential unit) is exempt for buyers of any nationality, while purchasing a house with land or an investment plot may require a permit from the Ministry of the Interior (MSWiA) for non-EEA buyers. We guide you through the entire transaction in English — legal due diligence, contract negotiation, taxes, and the notarial deed that transfers ownership — and can complete the purchase on your behalf by power of attorney, without you travelling to Poland.

    Key facts

    Can a foreigner buy?
    Yes — apartments (separate residential units) need no permit for any nationality (border-zone units aside for non-EEA buyers)
    MSWiA permit
    Needed only for non-EEA buyers — of houses with land, plots, or any property in the border zone / agricultural land over 1 ha
    EU / EEA / Swiss buyers
    No permit required — including in the border zone
    Transfer tax (secondary market)
    PCC 2% of market value — paid by the buyer
    Buying from a developer
    Price includes VAT (8% up to 150 m² flat / 300 m² house, 23% above) — no PCC
    Ownership transfer
    Only by notarial deed; ownership passes on the deed, entered in the land register (księga wieczysta)
    Buy remotely
    Yes — by power of attorney, no travel to Poland required
    We advise on residential and commercial real estate transactions from first offer to land-register entry. Before you commit, we carry out legal due diligence — examining the seller's title, the legal status disclosed in the land and mortgage register (księga wieczysta), mortgages, easements, registered claims, the planning and administrative status of the property, outstanding service charges, and the occupancy situation — and we set out the risks before you sign. We draft and negotiate preliminary agreements, developer agreements, final sale-and-purchase deeds, and lease agreements, and we coordinate the notary, the financing and, where required, the MSWiA permit. Under Polish law, ownership of real estate can be transferred only by notarial deed (Article 158 of the Civil Code), and ownership passes on that deed; the buyer is then entered as owner in the land register, which enjoys public faith (rękojmia wiary publicznej) and protects a good-faith buyer who relies on it. Beyond transactions, we represent clients in land-register proceedings, in adverse-possession (zasiedzenie) cases — 20 years' possession in good faith, 30 years in bad faith — and in disputes over easements, boundaries, construction defects, and landlord-tenant matters. New developments are additionally protected by the Developer Act of 2021 (in force since 1 July 2022), which requires a residential escrow account and the Developer Guarantee Fund.

    When do you need this service?

    • You are a foreigner buying an apartment, house, or investment property in Poland
    • You want legal due diligence on a property before you commit
    • You are buying from a developer and want the developer agreement reviewed
    • You need an MSWiA permit to acquire a house with land or property in a restricted area
    • You want to complete the purchase remotely, by power of attorney
    • You are in a dispute over a property — boundaries, easements, adverse possession, or a tenancy

    How the process works

    1. 1
      Offer and initial reviewWe review the listing, the seller's documents and the land-register entry, confirm whether an MSWiA permit is needed, and set out the tax position before you make a binding offer.
    2. 2
      Legal due diligenceWe examine title, the land and mortgage register, encumbrances and claims, the planning and administrative status, service-charge arrears and any tenancies, and we report the risks.
    3. 3
      Preliminary agreementWe draft and negotiate the preliminary agreement, securing the price, the closing date and the deposit, and, where it adds protection, conclude it as a notarial deed.
    4. 4
      Financing and permitWe coordinate mortgage documentation and, for non-EEA buyers of houses, land or restricted-area property, prepare and file the MSWiA permit application.
    5. 5
      Notarial deed (closing)We attend the closing with you or act under your power of attorney, review the deed, and ensure the price, escrow and tax (PCC or VAT) are settled correctly.
    6. 6
      Land-register entryWe file for entry of your ownership in the land register (księga wieczysta) and hand over the complete documentation once you are registered as owner.

    What you'll need

    • Your passport or identity document (and PESEL number, if you already have one)
    • The property listing and the seller's title documents
    • The land-register (księga wieczysta) number or extract
    • For a developer purchase: the developer agreement and prospectus
    • For a mortgage: the bank's loan documentation
    • A power of attorney (notarised and apostilled) if you are buying remotely

    What we cover

    • Legal due diligence on residential and commercial real estate
    • Pre-sale agreements, developer contracts and purchase deeds
    • Commercial and residential lease agreements
    • Land register, adverse possession and easement proceedings
    • Real estate acquisition by foreign investors (MSWiA permit)
    • Construction and real estate development disputes

    For foreign founders and investors

    Poland is one of the most accessible property markets in the EU for foreign buyers. Citizens of the EU, the EEA (Iceland, Liechtenstein, Norway) and Switzerland buy on the same terms as Polish nationals; buyers from outside the EEA can acquire a standalone apartment — a separate residential unit — without any permit, while a house with land, a building plot, or any property in the border zone or agricultural land over one hectare requires a permit from the Ministry of the Interior (MSWiA). We assess your specific purchase at the outset, so you know before you offer whether a permit applies.

    The whole transaction can be completed without you travelling to Poland. We act under a notarised and apostilled power of attorney, attend the notarial closing on your behalf, settle the transfer tax (PCC 2% on the secondary market) or confirm the VAT already included in a developer's price, and file for your entry as owner in the land register. We also handle the practical layer foreign buyers usually need — sworn translations of the deed, coordinating the notary, and the tax questions that follow ownership.

    Foreign clients work with one English-speaking team from offer to land-register entry, and through the entire notarial closing. Our managing partner is admitted to the New York State Bar and serves as the New York State Bar Association's Chapter Chair for Poland; the firm has advised foreign individual and institutional buyers on Polish real estate for over 20 years and combines legal work with in-house tax and accounting, so the purchase and everything that follows are handled in one place.

    Who advises you

    The lawyers at the firm who advise on this area. Each links to a full profile.

    Szymon Gostyński
    Szymon Gostyński

    Attorney-at-Law / Managing Partner

    Polish and U.S. (New York State) Attorney-at-Law. Founder and managing partner. Specialises in international commercial law, cross-border disputes, and mergers & acquisitions. Attorney of Trust (Vertrauensanwalt) for the Austrian Consulate General in Kraków.

    • Speaks: Polish, English, German
    • International Commercial Law
    • Litigation and Arbitration
    • Company Law and Commercial Law
    Enquiry for Szymon
    Karolina Stachura
    Karolina Stachura

    Legal Adviser

    Legal adviser (radca prawny) admitted to the Regional Chamber of Legal Advisers in Kraków, graduate of the Jagiellonian University. Experienced in legal advisory work, particularly in civil, criminal and commercial law, as well as in representing clients in court disputes.

    • Speaks: Polish, English
    • Civil Law
    • Criminal Law
    • Commercial Law
    Enquiry for Karolina

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    Frequently Asked Questions

    What should I check before buying a flat or house in Poland?
    Before purchasing you should examine: the legal status in the land register (mortgages, easements, registered claims), the seller's title, the administrative status of the property (planning permissions, local development plans), any outstanding service charges, and the occupancy situation. We carry out comprehensive due diligence and identify risks before you sign.
    Does a preliminary agreement protect the buyer?
    A well-drafted preliminary agreement protects the interests of both parties. It should specify the price, the deadline for executing the final agreement, and the consequences of non-performance (deposit or contractual penalty). A preliminary agreement executed as a notarial deed gives additional protection — you can seek a court order compelling execution of the final contract. We will negotiate and prepare a secure agreement for you.
    Can a foreign national buy property in Poland?
    EU citizens may freely purchase most categories of property in Poland. Nationals from outside the EU generally need a permit from the Ministry of Internal Affairs and Administration (MSWiA) to acquire real estate (with certain exceptions). We advise individual and institutional foreign investors throughout the purchase process, from due diligence to obtaining the required permits.
    What is adverse possession and when can it be claimed?
    Adverse possession (zasiedzenie) is the acquisition of ownership through long-term, continuous, and self-directed possession of property. The required period is 20 years for possession in good faith and 30 years in bad faith. Proceedings to have adverse possession declared are brought before the district court. We act for both those seeking to establish adverse possession and owners defending their title.
    How can a landlord rent out a flat safely in Poland?
    A safe tenancy starts with a properly drafted agreement — with clear payment terms, a handover record, a security deposit, and a procedure for termination. You should consider an occasional tenancy (najem okazjonalny) or institutional tenancy (najem instytucjonalny), which afford the landlord better protection in the event of tenant default. We prepare tenancy agreements and advise on landlord-tenant disputes.
    Can a foreigner buy property in Poland?
    Yes. Buying a standalone apartment (a separate residential unit) requires no permit, whatever your nationality — outside the border zone, where a non-EEA buyer still needs one. Citizens of the EU, EEA and Switzerland may also buy houses and land without a permit, including in the border zone. Buyers from outside the EEA need a permit from the Ministry of the Interior (MSWiA) to acquire a house with land, a building plot, or any property in the border zone or agricultural land over one hectare. We confirm your position before you make an offer.
    What are the costs and taxes of buying property in Poland?
    On the secondary market the buyer pays transfer tax (PCC) of 2% of the market value; first-time buyers of their first home on the secondary market have been exempt from PCC since 31 August 2023. Buying from a developer carries no PCC — VAT is already in the price (8% for a flat up to 150 m² or a house up to 300 m², 23% above that or for commercial space). Add the notary's fee (scaled to value), the land-register entry fee (PLN 200), and our legal fee, which is quoted individually.
    Can I buy property in Poland remotely, without travelling?
    Yes. We can complete the entire purchase under a power of attorney — notarised and apostilled in your country, with a sworn translation — without you appearing in Poland. We carry out due diligence, negotiate the contract, attend the notarial deed on your behalf, settle the tax, and file for your entry as owner in the land register, keeping you informed at each step by correspondence and online.
    What does legal due diligence on a property involve?
    We verify the seller's title and the entries in the land and mortgage register (księga wieczysta) — mortgages, easements and registered claims — together with the property's planning and administrative status, any service-charge arrears and the occupancy situation. The land register enjoys public faith, which protects a good-faith buyer, but only thorough due diligence reveals the risks the register does not show. We report everything before you sign.

    Ready to discuss your case?

    Our lawyers are available to advise you in Polish, English, German, Ukrainian and Russian.

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