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Acquisition of ownership to real estate located in Poland by a foreigner requires the permission of the minister competent for internal affairs.
Exemptions from the obligation to obtain a permit to purchase real estate are discussed in art. 8 clause 1 of the Act on the acquisition of real estate by foreigners. Pursuant to the aforementioned provision, it does not require permission:
Exemptions from the obligation to obtain a permit to purchase real estate indicated above do not apply if the subject of the purchase are real estate located in the frontier zone and arable land with an area exceeding 1 ha. When a company is controlled, i.e. it is a foreigner within the meaning of the Act, but it is also an entrepreneur of the EEA (registered office in Poland) - art. 1 point 2 point 4, In accordance with art. 8 paragraph 2 of this Act: "It is not required to obtain a permit by foreigners who are citizens or entrepreneurs of the countries - parties to the agreement on the European Economic Area or the Swiss Confederation, except for the acquisition of:
In connection with the above, at present a company which is a foreigner based in Poland, regardless of where the partners or board members come from and what citizenship they have, does not need to obtain permission to purchase real estate issued by the minister responsible for internal affairs.
The permit is issued in the form of an administrative (discretionary) decision on the basis of an application submitted by a foreigner. There is no ready application form. The permit is issued if the purchase of the property does not pose a threat to defense, state security or public order. An additional requirement for obtaining a permit is the need for a foreigner to demonstrate that there are circumstances confirming his ties with the Republic of Poland, such as, for example, having Polish origin, getting married to a Polish citizen, holding a temporary residence permit, permanent residence permit or long-term EU resident, as well as conducting business or agricultural activity in the territory of the Republic of Poland, in accordance with the provisions of Polish law.