A German investor signs a preliminary agreement for a Warsaw office building. The notary flags a missing permit. Completion stalls for months – and the seller walks away. This scenario plays out more often than it should, and it is entirely avoidable with the right preparation.
Foreign nationals acquiring real property in Poland must obtain a permit from the Minister of Internal Affairs and Administration before the transaction closes, unless a statutory exemption applies. The permit requirement stems from Polish land acquisition legislation, which distinguishes between EEA/Swiss nationals and all other foreign buyers. Failure to obtain a required permit renders the acquisition agreement void – an irreversible consequence that forfeits the purchase price and any development opportunity.
This alert explains what changed in the permit framework, who is affected by current thresholds, and what immediate steps buyers must take before exchange of contracts.
Who must apply for a permit – and who is exempt?
Polish property acquisition law divides foreign buyers into two categories. The distinction determines whether a permit is mandatory, conditional, or unnecessary. Getting this wrong forecloses the deal entirely.
Nationals of European Economic Area member states and Switzerland are broadly exempt from the permit requirement for most residential and commercial property. However, two important carve-outs survive: agricultural land and forest land remain subject to permit requirements even for EEA buyers, and a two-year post-accession transition period for agricultural land has long since expired. Any EEA buyer acquiring farmland of any size must still verify their position with the National Court Register (Krajowy Rejestr Sądowy, KRS) and check whether the Agricultural Property Agency (Krajowy Ośrodek Wsparcia Rolnictwa, KOWR) holds a pre-emption right.
Non-EEA nationals – including buyers from the United States, the United Kingdom post-Brexit, Ukraine, and Gulf states – face the full permit regime. The application is filed with the Ministry of Internal Affairs and Administration (Ministerstwo Spraw Wewnętrznych i Administracji, MSWiA). Processing takes up to two months, extendable by a further month in complex cases. Missing this window before a contractual deadline triggers personal liability for breach and, in some structures, forfeits the earnest money deposit.
- EEA/Swiss nationals: exempt for most urban property; permit required for agricultural and forest land
- Non-EEA nationals: permit required for all direct acquisitions of real property
- Corporate buyers: permit required where a foreign national holds a controlling interest
- Indirect acquisitions: shares in a company owning Polish real estate may also require a permit above certain thresholds
We secured a permit for a manufacturing client acquiring an industrial site in the Silesia region (autumn 2025), completing the transaction within the contractual long-stop date despite a last-minute objection from a state authority. Early filing – eight weeks before signing – was the decisive factor.
What are the current thresholds and immediate action items?
The permit framework sets specific thresholds that determine filing obligations. Buyers who miss these thresholds risk a void transaction – a consequence that cannot be undone after the notarial deed is executed.
For direct acquisitions, the permit covers any real property in Poland regardless of size or value, once the buyer falls outside the EEA exemption. There is no minimum area or price threshold for non-EEA individuals. For corporate acquisitions, the trigger is a foreign national holding more than 50 percent of shares or voting rights in a Polish company that owns real estate. Indirect acquisitions through multi-layer structures are assessed on a look-through basis by MSWiA.
Agricultural land carries a separate regime. Buyers – regardless of nationality – must satisfy conditions under agricultural property legislation: they must either be an individual farmer with at least five years of professional experience, or obtain consent from KOWR. The minimum area triggering KOWR's pre-emption right is 0.3 hectares for agricultural land. Missing KOWR's 30-day response window can accelerate or block a transaction depending on the authority's stance.
For a Dutch investor acquiring a mixed-use development in the Małopolska region (spring 2026), our team identified a dormant KOWR pre-emption right over a 0.4-hectare strip of the site. Resolving this added three weeks but protected assets valued at over EUR 3m from a potential void. Buyers relying on a full guide to buying property in Poland as a Netherlands national will find the KOWR issue addressed in detail.
Immediate action items for any non-EEA buyer or EEA buyer targeting agricultural land:
- Classify the property: urban, agricultural, forest, or mixed – within the first week of due diligence
- File the MSWiA permit application at least eight weeks before the planned signing date
- Check KOWR pre-emption rights for any parcel exceeding 0.3 hectares
- Ensure the preliminary agreement contains a permit condition precedent with a realistic long-stop date
Buyers from Spain face a broadly similar framework. The guide to buying property in Poland as a Spain national sets out the EEA exemption conditions and the agricultural land carve-out in practical terms. Anti-corruption compliance obligations that arise during due diligence are addressed in the firm's anti-corruption compliance framework under Polish law.
Specific situations require tailored analysis. Your company's failure to file before the contractual deadline is an irreversible consequence – it precludes any remedy once the notarial deed is executed without a valid permit.
If your transaction involves a non-EEA buyer, agricultural land, or a corporate structure with foreign controlling shareholders, contact info@kordeckipartners.com for an immediate permit assessment and filing strategy.
Frequently asked questions
Q: How long does the MSWiA permit process take, and can it be expedited?
A: The standard processing period is two months from the date of a complete application. The Ministry may extend this by one additional month in cases involving complex ownership structures or sensitive land categories. There is no formal expedited track, which makes early filing – at least eight weeks before the planned signing date – the only reliable way to protect contractual deadlines.
Q: Does the permit requirement apply if a foreign investor buys shares in a Polish company that owns real estate, rather than buying the property directly?
A: Yes. Polish land acquisition legislation applies a look-through approach to indirect acquisitions. Where a foreign national acquires more than 50 percent of shares or voting rights in a Polish company that owns real estate, a permit is required. This is a common misconception among buyers who assume a share deal avoids the regime entirely – it does not.
Q: What happens if the parties proceed to sign a notarial deed without the required permit?
A: The acquisition agreement is void under Polish civil law. Voidness is absolute and cannot be cured retroactively. The buyer loses any claim to the property, and recovery of the purchase price depends entirely on contractual remedies against the seller – which may themselves be contested. Obtaining the permit before signing is the only safe course of action.
KORDECKI & Partners is a law firm based in Warsaw and Krakow, advising business clients across 30 jurisdictions. Our team combines expertise in Polish and international law with a practical approach to real estate acquisition, commercial lease structuring, and property due diligence. We advise on buy property Poland transactions, FIDIC disputes, and cross-border investment structures. We work with Polish entrepreneurs, foreign investors, and in-house legal teams. To discuss your situation, contact info@kordeckipartners.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. KORDECKI & Partners assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@kordeckipartners.com.