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Poland is an eastern European country on the Baltic Sea known for its medieval architecture, Jewish heritage and hearty cuisine. In the city of Krakow, 14th-century Wawel Castle rises above the medieval Old Town, home to Cloth Hall, a Renaissance trading post in Rynek Glówny (market square).

Nearby is the Auschwitz-Birkenau concentration camp memorial, and Wieliczka Salt Mine, with tunnels to explore.

39 million

Over the course of a year, the temperature typically varies from -5°C to 24°C and is rarely below -13°C November to March or above 29°C March to October.

Polish złoty

Polish

Yes but with some restrictions

Since Poland joined the European Union in 2004, citizens of member countries (also Iceland, Norway, Liechtenstein and Switzerland) can freely purchase almost any kind of property.

Permission is only required for buying agricultural or forest real-estate. There are exceptions to this rule, e.g. when a buyer has been a permanent resident of Poland or has been renting a property for a certain length of time. In 2016, all permission requirements for EEA and Swiss nationals will be lifted.

Foreigners who are not citizens from EEA states or Switzerland must obtain permission from the Ministerstwo Spraw Wewnętrznych i Administracji (Ministry of Interior and Administration). However, a property can be bought without a permission in the following cases:

  • when buying a property for personal residential purposes (not bigger than 0.5 ha)
  • permanent residents of Poland for more than five years (counting from the date you obtained the Polish or European settlement permit)
  • permanent residents of Poland for more than two years (counting from the date you obtained the Polish or European settlement permit) who are married to a Polish citizen and will hold the property jointly with the spouse
  • foreigners inheriting a property
  • foreign legal personalities or partnerships without legal entity can buy undeveloped real estate (no larger than 0.4 ha) to fulfil its statutory aims

In some cases, the Ministry of Defence or Ministry of Agriculture can block investment if they consider it contrary to state interests.

 

First of all, you'll need to sign a preliminary contract, which assures you that the owner will really sell you a property. If you want to be able to execute your buyer's rights in court you should notarise the agreement.

If you don't seek a notary's assistance, you should know that the contract must contain:

  • Date: You must know the date of signing the final contract and transferring the property rights.
  • Detailed data about the seller: Knowing the seller's name and surname is not enough – the preliminary contract should include the PESEL (identification number, specific for every Polish citizen) and NIP number (tax number). You should also compare this data with the seller's ID. You have to be sure that the property you're buying is either owned singly or jointly with a spouse. If it is owned jointly, you sign the contract with the couple (who is treated as one seller).
  • Property details: You need to know exactly what you are buying – either odrebna wlasnosc lokalu (you own this property) or spółdzielcze własnościowe prawo do lokalu (you have all the rights to this property, but you don't actually own the title). If you're buying a flat with cellar or garage, it must be listed in the contract.
  • Seller´s statement: This is a statement that property has no legal drawbacks (e.g. mortgage or preliminary contract with another buyer) and a declaration about the real estate's condition (e.g. leaking roof or unpaid bills).
  • Buyer´s statement: This is a statement that the buyer knows and accepts the property's condition. It often contains the declaration that the buyer has enough funds for the transaction (in this way the seller won´t have to return earnest if the buyer´s loan is refused, for example).
  • Exact price: You must be sure that you know what you are paying for, e.g. if the price covers garage or if you need to pay extra for it.
  • Retainer or earnest: Remember that according to Polish law there is a difference between zaliczka (retainer fee) and zadatek (earnest payment). In both cases, these payments will go towards the final purchase price, but if the contract defaults the money may go to different people. If you pay zaliczka while signing a preliminary contract, you will get it back if the transaction isn't processed because of yours or seller's fault. In the case of zadatek, you will lose your money if you don't finalize the transaction, but if it's seller's fault you will get it back doubled. Remember – the higher zadatek you pay, the less likely your seller will be to disengage.

Home loans for foreigners

If you need a loan to finance your investment, you can apply for one after signing a preliminary contract. The conditions of obtaining credit as a foreigner differ from those for Polish citizens:

  • your contribution to the property investment must be at least 15% of its value
  • you pay a higher interest rate (around 2-3%) and higher commission (approx. 2%)
  • most banks offer a foreigner a maximum of 25 years to pay back the loan
  • you must have a Polish address or a representative in Poland
  • usually banks will need to see your account statement and a testimony from your employer, confirming your earnings

Notary fees

The additional costs for notarising your transaction vary depending on the value of your purchase and are usually between 0.5% and 3% of the purchase price. Additionally, you have to pay 22% VAT for notary services.

There is a legal maximum which a notary can charge, but take into account that you can always bargain to decrease the price. If you need help counting all the additional expenses, you can use a cost calculator .

Notary act

The final contract between you and the seller must be signed in a presence of a notary, otherwise it is invalid. This contract transfers the property rights from the previous owner to the buyer. However, banks normally need to see the contract before you can obtain the entire sum of your loan, which means you have to sign a contract without having all the funds. In this case, the seller secures himself with a statement saying the buyer is liable for a bailiff's warrant of execution if he won't pay all of the money.

The last step is to change ownership at the land registry in the local court.

Note that if you don't have permission to buy a particular piece of real estate, your rights to the property can be denied in a court.

 

 

 

 

info from justland.com

The agent's commission is usually about 2.5-3% of the purchase cost.

The additional costs for notarising your transaction vary depending on the value of your purchase and are usually between 0.5% and 3% of the purchase price. Additionally, you have to pay 22% VAT for notary services.

Property taxes vary depending on gmina (lowest territory division unit in Poland), and they are set by local authorities. However, state regulations limit the rates. As of 2009, the most they can be are as follows:

  • 0.37 PLN/sqm of undeveloped land
  • 0.62 PLN/sqm of building floor space
  • 2% of architectural structure value

Since only official rental agreements are covered by tenancy law it is advisable to insist on an official contract. If you have to sign a private agreement, make sure that it includes a monthly rent ceiling, information about the condition of the apartment at your arrival and arrangements concerning the paying of utility bills.

Official rental contracts in Poland are the safer choice and there are two different types of them – standard contracts and temporary contracts. Temporary contracts are signed if the lessor wants to rent out a place for a specified time.

When signing an agreement, for either an unfurnished or furnished home, there should always be an inventory (annex) attached with all furnishings and their conditions listed. In addition it is a good idea to take pictures of the flat before moving in. This way it is easier for both sides to settle arguments about the condition of the flat when you move out again.

The owner may have a spare key to your flat, however he has no right to enter the apartment when you are not there. 


A notice of termination of a lease should be made in writing and provide a reason. A contract can normally be terminated at the end of a month with one month’s notice.

The Agents fee is paid by the Landlord you may be asked for a small admistrative cost