Who Can Buy Property in Poland? The Rules Explained
Poland has one of the more unusual ownership regimes in the EU: a law dating from 24 March 1920 still requires some foreign buyers to obtain a government permit before acquiring property. The good news is that the purchase most people actually make - a flat in Warsaw, Krakow or Gdansk - is exempt for everyone.
Here is how the rules stand in 2026: who buys freely, who needs a permit from the Ministry of the Interior and Administration, and why skipping it is not an option.
EU, EEA and Swiss citizens buy freely
The starting point is the Act of 24 March 1920 on the Acquisition of Real Estate by Foreigners, which says that a foreigner acquiring Polish property needs a permit issued, by administrative decision, by the minister responsible for internal affairs.
The Act then carves out the biggest group of foreign buyers: citizens and businesses of European Economic Area states and Switzerland do not need a permit at all. The transitional limits that once applied to them - 12 years for farm and forest land and 5 years for second homes, counted from Poland's EU accession in 2004 - have long expired, so an EU national today buys on essentially the same footing as a Polish citizen.
The flat exemption: apartments need no permit
For everyone else - including British buyers since Brexit, as well as Americans and other non-EEA nationals - the key carve-out is Article 8 of the Act: buying a self-contained residential unit (a flat in a multi-family building) does not require a permit, whatever your nationality. A self-contained garage unit or a share in one is also exempt where it serves the buyer's housing needs.
In practice this means a non-EU buyer can purchase an apartment in a Polish city with no government approval, completing before a notary exactly as a local buyer would. Once you own, the usual transaction costs apply - a 2% tax on civil-law transactions for resale homes, or VAT on new builds, according to PwC's Poland tax summary.
When non-EU buyers do need a permit: houses and land
A house is legally inseparable from its plot, so for a non-EEA buyer a house or any land purchase triggers the permit requirement. Under the Act, the permit is granted on application if the purchase poses no threat to defence, state security or public order, and the buyer shows ties with Poland.
The Act caps land bought for your own living needs at 0.5 hectares, and legal guides note that a permit, once issued, is valid for two years. Second homes - property for residential or recreational use that will not be your permanent residence - have their own, stricter treatment, though again a self-contained flat is not affected.
- Ties with Poland can include: Polish nationality or origin, marriage to a Polish citizen, or holding a temporary or permanent residence permit
- A permit is typically needed for: a house with its plot, building land, or a recreational property that will not be your main home
- No permit is needed for: a self-contained flat, or a garage unit linked to your housing needs
Farmland and forests: restricted for almost everyone
Agricultural land is the most regulated corner of the market. On top of the 1920 Act, purchases of farmland must comply with the separate 2015 law on shaping the agricultural system, which restricts who may buy farmland in Poland - rules that bite even for Polish and EU buyers. If a rural property includes agricultural land, take specialist legal advice before committing.
Buy without a permit and the sale is void
This is not a formality: Article 6 of the Act states that an acquisition made contrary to its provisions is invalid, and a court can declare the invalidity at the request of local authorities or the minister. In practice a Polish notary will not complete a deed that requires a permit without seeing one.
Permit practice and fees can change, so check the current requirements with the Ministry of the Interior and Administration (gov.pl) before you commit. If you are weighing up where to buy, Habio's Poland listings, area guides and buyer guides are a practical place to start.
Frequently asked questions
Can a British citizen buy a flat in Poland without a permit?
Yes. Self-contained flats are exempt from the permit requirement under Article 8 of the 1920 Act, so UK nationals can buy an apartment without Ministry of the Interior approval - even though, since Brexit, they no longer benefit from the general EEA exemption.
Do EU citizens need a permit to buy property in Poland?
No. Citizens and companies of EEA states and Switzerland are exempt from the permit requirement, and the old transitional restrictions on farmland and second homes have expired. Separate farmland-purchase rules under the 2015 agricultural law can still apply.
When does a non-EU buyer need a permit in Poland?
For houses with their plots, building land and second or holiday homes that will not be a permanent residence. The permit is issued by the minister responsible for internal affairs where there is no threat to security or public order and the buyer shows ties with Poland, with land for own living needs capped at 0.5 hectares.
What happens if a foreigner buys Polish property without a required permit?
The acquisition is invalid under Article 6 of the 1920 Act, and a court can declare it void at the request of the authorities. Notaries will not complete a deed that requires a permit without one.
Can foreigners buy agricultural land in Poland?
Only within tight limits. Farmland purchases must satisfy both the 1920 Act's permit regime and the 2015 law on shaping the agricultural system, which restricts farmland buyers generally. Specialist legal advice is essential.
Sources
This article is general information, not legal, tax or financial advice. Markets and rules change — verify the current position with official sources before acting. Published 2 August 2026.