Can a Foreigner Buy an Apartment in Poland? Citizenship Is Not the Only Factor
Yes — a foreigner can buy property in Poland.
However, this does not always mean the same procedure applies. In some cases, a standard notarial deed is sufficient. In others, a decision from the Minister of the Interior and Administration (MSWiA) is required before purchase. The difference depends not only on the buyer’s citizenship but also on the type of property, its location, and rights sold together with the premises.
The most common mistake is assuming that “an apartment is an apartment.” Legally, buying an independent residential unit is different from buying a house with land or a unit involving a share in an access road.
This article reflects the legal status as of 14 September 2026 and is for informational purposes only. A notary or lawyer should verify each transaction before signing a contract.
First Question: What Country Is the Buyer From?
Citizens and businesses from the European Economic Area (EEA) and the Swiss Confederation generally do not need MSWiA permission to buy real estate in Poland — regardless of location or size.
The EEA includes European Union countries, Norway, Iceland, and Liechtenstein. Switzerland is listed separately.
Care is needed with the United Kingdom. After Brexit, UK citizens are generally treated as non-EEA persons unless they benefit from protections under the Withdrawal Agreement and meet its conditions.
For citizens of other countries, the default rule is the obligation to obtain permission, but the law includes important exemptions. Thanks to these, many standard apartments can be purchased without extra approval.
Independent Residential Units Can Often Be Bought Without Permission
A foreigner from outside the EEA and Switzerland can buy an independent residential unit located outside the border zone without permission.
“Independent unit” is a legal term, not a casual one. It refers to premises distinguished according to the Act on Ownership of Premises, usually with its own land and mortgage register and connected to a share in common property.
Example: a Canadian citizen purchases a separately designated apartment in Warsaw. If the transaction concerns the apartment along with the standard share in the common property and no other problematic rights arise, MSWiA permission is usually not required.
If the same person buys a single-family house, they also acquire land. Then the simple exemption for independent residential units does not apply and permission is generally required.
Border Zone Location Changes the Rules
The exemption for independent residential units applies only outside the border zone. For a non-EEA and non-Swiss citizen, an apartment in a locality within this zone may require permission.
This matters not only near land borders but also in designated coastal areas. For purchases in northern coastal strips—for example, in parts of towns by the Baltic Sea—one should not guess based on maps but verify the municipality’s and property’s status before signing a preliminary agreement.
EEA and Swiss citizens benefit from broader exemptions, so being in the border zone alone does not impose permission obligations under rules for third-country nationals.
Garage, Storage Unit, and Access Road: Small Extras, Big Consequences
Issues often arise not from the apartment alone but from additional elements sold with it.
An independent garage unit or a share in such a unit may benefit from exemption if it serves the housing needs of the buyer or apartment owner and is located outside the border zone.
One should not assume this exemption automatically covers every land share. If the sale includes a separate share in a land plot constituting an access road, this may require separate assessment and, for non-EEA buyers, permission.
Similarly, a storage room needs checking: it may be an accessory space, a separate unit, or a differently defined right. The deciding factors are documents, not the advertisement’s wording.
A House and Land Are a Different Category Than an Apartment
A single-family house is permanently connected to land. Buying it means acquiring a developed land property, not an independent residential unit. For third-country citizens, this often means a need for permission unless another statutory exemption applies.
There are additional restrictions for agricultural and forest land. MSWiA permission alone may not suffice because the transaction must also comply with regulations governing the trade of agricultural land.
Practically, before paying a deposit, one should clarify:
- whether the item is a unit or land,
- which parcel numbers are covered by the contract,
- whether the land is agricultural or forest,
- whether additional shares are related to the property,
- whether the location is subject to special restrictions.
When Can MSWiA Issue Permission?
Permission is given by administrative decision upon the foreigner’s application. The acquisition must not threaten national defense, state security, or public order, and the buyer should demonstrate ties with Poland.
Examples of such ties include Polish origin, marriage to a Polish citizen, relevant residence permit, running a business in Poland, or serving on a management body of a Polish company controlled by foreigners.
The application should describe the buyer, seller, property, basis and purpose of acquisition, and the source of funds. Documents proving the buyer’s status, ties to Poland, and the property details must be attached. Foreign documents require sworn translation.
According to MSWiA information, the stamp duty for permission is PLN 1,570. The fee for a promissory note is PLN 98.
A Promissory Note Helps Secure the Transaction but Does Not Replace Permission
A promissory note is a promise to issue permission. It may be useful when a buyer negotiates with a developer or participates in a tender where final property details are not yet known.
The note is valid for one year but does not by itself allow the purchase. The actual permission must be obtained before the ownership deed.
If a transaction depends on an administrative decision, the reservation or preliminary contract should clearly regulate deadlines, payment returns, and consequences of refusal. This is especially important with deposits, which have different legal effects than advance payments.
Permission to Buy Does Not Grant Residence Rights
Property ownership and legal residence are separate issues.
Buying property does not automatically grant a visa, residence permit, work rights, or Polish citizenship. It may be part of a person’s life situation but does not replace immigration procedures.
Similarly, a residence card does not always mean that every property can be bought without permission. The type and duration of residence matter for some exemptions but must always be considered alongside the property type.
Can a Foreigner Obtain a Mortgage Loan?
They can, but bank approval is a separate matter from MSWiA permission. Each bank applies its own risk policy.
Factors affecting approval include country of citizenship, type and validity of residence, income currency, employment location, credit history, down payment, and source of funds. Banks may require additional documents, translations, or a higher down payment.
It is advisable to check financing before signing a contract with a short payment deadline. Even if no administrative permission is needed, bank procedures may take longer than usual.
Documents to Prepare Before Visiting a Notary
- passport or other identity document,
- document confirming legal stay if relevant,
- marriage certificate and property regime information,
- Polish identification number if assigned,
- documents confirming the source of funds,
- sworn translations of foreign documents,
- MSWiA permission or promissory note if required,
- power of attorney in proper form if buyer is not acting personally.
If the buyer does not understand Polish well enough to comprehend the deed, a sworn translator is needed during the notarial act. It is advisable to arrange this with the notary office in advance, not on the signing day.
Safest Order of Steps
- Check the buyer’s status. Citizenship, residence, and possible legal exemptions.
- Check the exact property to be sold. Apartment, land, garage, storage, access road, and all land and mortgage registers.
- Verify the border zone. Especially for coastal and border properties.
- Ask the notary to assess the permission requirement. Best done before reservation contract or deposit payment.
- Secure contract terms. Include time for permission, financing, and refund conditions.
- Prepare documents and translations. Formal deficiencies prolong proceedings.
Important Change From 19 November 2026
In August 2026, an amendment to the Act on Acquisition of Real Estate by Foreigners and the Notarial Law was announced. It is set to take effect on 19 November 2026.
Persons planning a notarial deed after that date should check the current text of regulations and procedures. This article reflects the legal status as of 14 September 2026.
Summary
A foreigner can buy an apartment in Poland, and in many typical transactions, permission will not be required.
However, it is not enough to look at the advertisement headline. Key questions are: who is buying; whether the sale involves an independent unit or land; where the property is located; and what additional shares are transferred.
Ten minutes of land and mortgage register analysis and a conversation with a notary before paying can save weeks of delay and disputes over deposits.
Sources
Basic rules and current fees: Ministry of Interior and Administration. Text of the Act: Internetowy System Aktów Prawnych. Amendment announced 18 August 2026: Dz.U. 2026 pos. 1099.
Photo: Vitaly Gariev / Unsplash, Unsplash license.