Acquisition of the ownership right by a foreigner or the right of perpetual usufruct of real estate located in Poland requires the permission of a minister competent for internal affairs.
Exemptions from the obligation to obtain permisson for the acquisition of real estate are included in article 8 section 1 of the Act on the Acquisition of Real Estate by Foreigners. According to the above-mentioned provision, it does not require obtaining a permit:
- acquisition of a separate residential premises;
- acquisition of real estate by a foreigner who has resided in the Republic of Poland for at least 5 years from the time he received a permanent residence permit or long-term EU residence permit;
- acquisition by the foreigner, being a spouse of a Polish citizen and residing in the Republic of Poland for least 2 years following the granting of the permanent residence permit or long-term EU residence permit, of real estate that as a result of the acquisition shall constitute spousal joint property,
- acquisition of real estate by the foreigner, if on the day of the acquisition it is entitled to intestate succession from the real estate seller and the real estate seller has been the owner or perpetual user thereof for at least 5 years,
- acquisition by a legal person or a commercial company without a legal entity having a registered office in Poland and controlled by foreigners in the statutory purposes, undeveloped real estate, whose total area throughout the country does not exceed 0.4 hectares in urban areas;
- acquisition of real estate by the foreigner, being a bank and also mortgagee, through taking over the ownership of real estate as a result of an unsuccessful auction under the enforcement proceedings.
Exemptions from the obligation to obtain a permit to purchase real estate indicated above do not apply if the subject of purchase are real estate located in the border zone and agricultural land with an area exceeding 1 ha.
The permit is issued in the form of an discretionary administrative decision based on an application submitted by a foreigner. There is no standard application form. The permit is issued if the acquisition of real estate does not cause a threat to defense, state security or public order. An additional requirement for obtaining a permit is the need for the foreigner to prove that there are circumstances confirming his ties with the Republic of Poland, such as: having a Polish origin, marrying a Polish citizen, having a temporary, permanent or long-term EU residence permit, as well as performing on the territory of the Republic of Poland economic or agricultural activity.