Buying real estate in Gdansk as a foreigner: do I need a permit? - Kancelaria Adwokacka Adam Gautier

Buying real estate in Gdansk as a foreigner: do I need a permit?

Buying real estate in Gdansk as a foreigner: do I need a permit?

Every year, Gdansk is becoming more and more attractive for Polish tourists but also foreigners willing to buy real estate in the city, and nearby Sopot and Gdynia. The picturesque capital of Pomerania has in recent years been ranked high in terms of tourist attractiveness and quality of life compared to other European cities. It is therefore no surprise that more and more foreigners arriving in Gdansk are choosing to stay for longer. This is encouraged in particular by the booming real estate market, which offers a wide range of properties at attractive prices for foreigners. By rule, a foreigner wishing to buy real estate in Poland must first obtain a permit.

What are the prerequisites to get a permit ? 

The procedure for obtaining a permit allowing the acquisition of real estate by foreigners is regulated by the Act of 24 March 1920 on the Acquisition of Real Estate by Foreigners. It should be emphasized, however, that this procedure does not apply to all foreigners. As of 1 May 2004, citizens and entrepreneurs residing or established in a state that is part of the European Economic Area or Switzerland are exempt from the obligation to obtain a permit for the acquisition of real estate. Thus, the requirement to obtain a permit for the acquisition of real estate only applies to citizens of countries outside the European Union, Switzerland, Norway, Iceland and Liechtenstein. It is worth noting that, due to the Brexit, the requirement to obtain a permit also applies to UK citizens since 1 January 2021.

It is possible to obtain a permit as long as the acquisition of the property does not result in a threat to state security or public order and is not opposed by social policy and public health considerations, and as long as the foreigner demonstrates that there are circumstances confirming their ties to Poland . Circumstances which confirm the foreigner’s ties with Poland are, in particular, possession of Polish nationality or Polish origin, marriage to a Polish citizen or possession of a temporary residence permit, permanent residence permit or long-term EU resident permit.

A foreigner who meets the above requirements and wishes to obtain a permit to acquire real estate located in the territory of Poland should submit an application for a permit to acquire real estate. The application should include: designation of the applicant and his legal status, designation of the real estate to be acquired, designation of the transferor, designation of the legal form of the real estate, information on the purpose and possibility to acquire the real estate. A foreigner is obliged to attach to the application documents confirming the circumstances indicated in the application and other documents making it possible to establish the correctness of real estate acquisition, i.e. a valid identity document, a residence card, a copy of the marriage certificate, a copy of the real estate register or an extract from the land register. It should be noted that documents in a foreign language must be attached to the application together with their sworn translation into Polish. The application must also be accompanied by a confirmation of payment of stamp duty on the application , which is currently PLN 1,570.00 (EUR 329.29).

The Gautier Law Office will assist you in your real estate purchases 

A permit for the acquisition of real estate is granted by way of an administrative decision. The decision is issued by the Minister of Internal Affairs and Administration within two months of the foreigner submitting the application.The permit is valid for two years from the date of its issue. Without this permit, a foreigner cannot perform legal actions, i.e. conclude a sales contract and have ownership rights and the right of perpetual usufruct in the real estate register. It follows directly from the provisions of the Act on the Acquisition of Real Estate by Foreigners that the acquisition of real estate in contravention of its provisions is invalid.

Obtaining a permit for the acquisition of real estate by a foreigner is extremely important in order to effectively acquire real estate located on the territory of Poland.
The Gautier Law Office assists foreigners on a daily basis in preparing the relevant applications and gathering the documents required to obtain a permit for the acquisition of real estate, not only in Gdańsk, but also in other places in Poland. Anyone interested in acquiring real estate in Poland is welcome to contact us .