MSWiA Permit for Foreigners Purchasing Property in Poland – What You Need to Know

This is an important issue to check before signing an agreement or starting the mortgage application process. If a required permit is missing, it may complicate or prevent the transaction from being completed.

In this article, we explain when a permit is required, what conditions must be met, and what you should consider when purchasing property in Poland.

Who needs an MSWiA permit?

As a general rule, foreigners purchasing property in Poland must obtain an MSWiA permit unless an exemption applies to their particular situation.

This requirement may apply, among others, to citizens of India, Ukraine, Belarus and Turkey. However, citizenship alone does not determine whether a permit is required. The type of property and the buyer’s individual circumstances are also important.

Important: Holding a residence card, even a permanent residence card, does not automatically mean that you can purchase any type of property in Poland without a permit.

Is a permit required when buying an apartment, house or plot of land?

This is one of the most important questions, as the applicable rules vary depending on the type of property.

Apartments

In many cases, foreigners can purchase a separate residential unit without an MSWiA permit, provided that the apartment is located outside the border zone. However, certain exceptions and additional circumstances must be taken into account.

Detached houses

Purchasing a detached house together with the land on which it stands generally requires a permit if the buyer is subject to the relevant legal requirements. However, a permit is not required in every case, as certain exemptions apply.

Plots of land

Foreigners who are not citizens or entrepreneurs from the European Economic Area (EEA) or Switzerland will generally need a permit to purchase land, particularly when the plot is intended for building a house. Before proceeding with the purchase, it is important to check the plot’s location, designated use and legal status.

Shares in land

In this case, it is particularly important to establish exactly what type of share the buyer intends to acquire.

• A share in the land directly associated with ownership of an apartment, forming part of the common property, generally does not require a separate permit.

• A share in a separate property, such as an access road or another plot within a residential development, may require a permit.

Therefore, before purchasing a property, it is worth checking not only the apartment, house or plot itself, but also any additional properties and shares included in the transaction.

What conditions must be met to obtain a permit?

To obtain an MSWiA permit, the buyer must meet the conditions specified by Polish law.

First, the purchase must not pose a threat to national security or public order. The foreign buyer must also demonstrate circumstances confirming their ties to Poland.

Such ties may include, for example:

• holding a residence permit in Poland;

• being married to a Polish citizen;

• having Polish ancestry;

• conducting business or agricultural activities in Poland;

• holding certain positions within the management bodies of companies operating in Poland.

This is not an exhaustive list, and each application is assessed individually. Meeting one of the above criteria does not guarantee that a permit will be granted.

What documents may be required?

The required documentation depends on the buyer’s circumstances and the type of property. Documents that may be required include:

• an identity document confirming the buyer’s personal details and citizenship;

• documents confirming the buyer’s ties to Poland;

• property documents, such as land and mortgage register records and land registry documents;

• documents relating to the planned transaction;

• documents confirming the source of funds used to finance the purchase.

Additional documents may be required depending on the circumstances of the individual case. You should therefore not assume that documentation sufficient for one application will necessarily be sufficient for another.

How much does the permit cost and how long does the process take?

The administrative fee for issuing a permit to acquire property is PLN 1,570. The waiting time for a decision may vary depending on the individual case, the completeness of the documentation and the course of the administrative proceedings.

It is advisable to take this stage into account well in advance, particularly if the property purchase is to be financed with a mortgage. This can help you plan the next steps and reduce the risk of delays in completing the transaction.

What should you check before purchasing property?

Before deciding to purchase a property, it is worth establishing:

• whether an MSWiA permit is required in your particular situation;

• whether the purchase involves an apartment, house, plot of land or a share in a separate property;

• which documents will be required in your case;

• whether the permit requirement needs to be taken into account when planning the purchase and its financing.

Checking these matters in advance can help you avoid unnecessary complications later in the transaction.

Planning to buy property in Poland? I can help you navigate the formalities.

If you are a foreign national planning to purchase a house, plot of land or another type of property in Poland, I can help you determine whether an MSWiA permit is required in your situation and support you throughout the related formalities.

You do not have to analyse the regulations or work out the required documentation on your own. Every case should be assessed individually, taking into account your circumstances and the type of property you intend to purchase.

Contact me to discuss your situation and find out how I can assist you with the property purchasing process in Poland. 

Legal Disclaimer

This article is provided for general informational and educational purposes only. It does not constitute legal advice or an individual assessment of a specific property transaction. Whether an MSWiA permit is required depends on the circumstances of each case, particularly the buyer’s citizenship, the type and location of the property, and the applicable legal provisions. Holding a residence card or meeting one of the criteria that may demonstrate ties to Poland does not guarantee an exemption from the permit requirement or the granting of a permit.Before proceeding with a property purchase, the requirements applicable to the specific property and the buyer’s individual circumstances should be verified.