When a foreigner wants to buy a house in Poland (March 2008) When a foreigner Poland wants to buy a house (March 2008)
Dorothy Gajos 25-03-2008, last updated: 25-03-2008 13:31
property for a foreigner. Citizens of other countries willing to buy at our apartments, houses and land. After our accession to the EU can do it on more liberal terms. But not everyone will buy from us without permission and not every property.
General rule is that the acquisition of ownership or usufruct of real estate in Poland, the alien must have the consent of the Minister of Internal Affairs and Administration. With the acquisition of the concept must be understood not only purchasing, but also a gift, inheritance, substitution.
provisions of the Act on the acquisition of property by foreigners including foreigners consider individuals who do not have Polish citizenship. Foreigner will therefore be a person who has in the past had Polish citizenship, but for some reason it lost or renounced Polish citizenship, even under duress. Someone who is also a Polish citizen and another country is not regarded as a foreigner. However, a stateless person, a person who is not a citizen of any country, is considered a foreigner and if he wants to buy property in Poland, he should apply for permission Ministry.
not allow the permit rule, however, are numerous exceptions. There must not be present for a foreigner who wants to buy a standalone dwelling or space for garage (also involved in such premises). Will exempt a foreign national who has lived in Poland for at least five years from the time he got permission to settle. For spouses of Polish citizens required period of residence on the basis of this authorization is only two years, but bought the property must go to their common property.
act on the purchase of property by foreigners is not applicable to the acquisition of property through inheritance by persons entitled to statutory succession. Therefore, the authorization will not be necessary, when a foreigner buys property (eg by way of donation) per person, after which, and so it would have been entitled to inherit as a legal heir. However, in this case, the vendor must be the owner or perpetual user of real property for at least five years. This is important eg for grandchildren who have foreign citizenship, and the grandparents want to give them a house in Poland.
There is, however, the unenviable situation of an alien who property recorded in his will, and it is not yet legal heir. First of all, must, within two years from the date of opening of the estate to apply for a permit. If you do not get - the right of property ownership or right to acquire a perpetual people who would be called upon to drop the act.
controlled by an alien association, foundation or a commercial company and has no legal personality established in the RP can be purchased without the authorization of its statutory objectives open land, where the total area in the whole country does not exceed 0.4 ha in area towns.
described the exemption from the authorization (specifically listed in the Article. Paragraph 8. A law on real estate acquisition by foreigners) shall not apply to properties located in the border zone and agricultural land with an area exceeding 1 ha.
easier next year
almost free of real estate can be acquired by citizens and businesses of the European Economic Area (EU countries plus Norway, Iceland and Liechtenstein). The only limitations are associated with the acquisition of so-called. the second house and agricultural land and forests.
What is a concept of "second home"? The Act recognizes that the property is zoned for residential development or recreational purposes, in which the alien does not intend to settle permanently. Does not apply to an individual dwelling unit. These can be purchased without restriction.
- There is no doubt that as so. The second house should always be considered open land, and - in principle - leisure and recreation, as unfit for permanent residence. The plot of the ruins of the house will also be considered as a second home - Violet Idaszak explains, Head of the Department for Permission to Purchase of property, stocks and shares and the Registry of the Ministry of Internal Affairs and Administration.
problem may arise in the case of buildings and single-family home, town house or other residential building, such as manor. Then the estate decides to classify the alien will .- But the same statement that he wants to live there permanently, there will be sufficient - Idaszak Viola says.
- To a prima facie case, the alien must provide evidence that it is legalized to stay in Poland and conduct check-in building living on the property for permanent residence.
requirement to obtain authorization to purchase a second home will, however, lasted only until 1 May 2009, and now does not apply to the EEA Member State nationals who legally and continuously residing in Poland for at least four years or acquire a second home in order to carry out its economic activity is the provision of tourism services (eg hotel management, guest house, camp site).
longer transition period was provided for the acquisition of EEA nationals, agricultural land and forests. Without permission will be able to do so until after 1 May 2016
But this restriction does not cover all cases. The permit is now needed if agricultural property is located in the regions of Lower Silesia, Kujawsko-Pomorskie, Lubuskie, Opolskie, Pomorskie, Warmia and Mazury, Wielkopolska, West, and leases it to an alien for seven years and in person throughout the period leading business there agricultural and legally residing in the Polish territory. Three years of legal residence lease and enough to purchase agricultural land in the regions of Lublin, Lodz, Malopolskie, Mazowieckie, Podkarpackie, Podlaskie, Śląskie, Świętokrzyskie.
necessary relationships with the country
All other cases require the authorization of the acquisition of the Minister of Interior and Administration.
But get them except this foreigner who shows relationships with the Polish.
What are the relationships with the Polish and how do they prove? This may be having Polish nationality or Polish origin, marriage to a Polish citizen or an authorization for temporary residence or establishment in our country. Circumstances supporting ties with the Polish membership also on the board of the company, based in Poland, which is controlled directly or indirectly by individuals do not have Polish citizenship or legal persons domiciled abroad. Compounds with the Polish people are also carrying out a business here, or farming. In any event, the same employment in Poland or here to take the science may be inadequate.
problems can have people who rely on the Polish nationality or origin, and not have it any documents, such as his birth, parents or grandparents. Then an alien should apply to the voivod competent for the place of residence, and if you do not know where ancestors lived - to the Governor of Mazowieckie. Determining in this way with the Polish union may take up to one year.
better to do it, before making a decision about buying a specific property and apply for a permit. Also because it may be that the applicant is a Polish citizen and does not need permission.
Briefcase full of documents
An application always refers to the acquisition of a particular property - one or more. If there are at least 15, the application shall be accompanied by a list of them.
proposal itself can be written by hand. In addition to the applicant should include:
> designation of the property, namely its location, registration number, area, no land register,
> determine the legal form of acquisition - such as whether it is a purchase, gift or inheritance,
> information about the acquisition - such as rent, for sale, to live, to do business,
> information about the possibilities of acquisition - in the case of inheritance and gift - a will and a contract that requires a contract of donation.
worth noting that the provisions are limited to 0.5 ha area of \u200b\u200bproperty that are acquired to meet the necessities of life. In the case of business space should correspond to real needs and character of this activity. Someone who wants to lead consulting firm, can not argue that he needs it dwuhektarowa plot.
The application must be accompanied by copies of documents such as:
> card, passport, and if someone runs a business, it is an extract from the register of economic
> copy of the real estate,
> extract from the land register and dimensioned drawing of the cadastral map,
> extract from the zoning plan or the study (the last three points do not relate to the acquisition of property which is separate property),
> vendor's statement that is willing to sell the property, or preliminary agreement signed between the vendor and purchaser.
Copies of documents must be certified as true copies, and obcojęzyczne - translated by a sworn translator. Documents relating to property should be issued not earlier than six months before the application.
Do not forget to enclose proof of payment of stamp duty, which is 1570 zł. Without it, the request will be returned without consideration. The fee is non-refundable if not to authorize, but only at the request of the page.
Foreigners often set up in Poland, agents who handled by on their behalf all administrative matters. For such a power of attorney is paid an additional 17 zł.
Patience, foreigner
Proceedings of the licensing should not take more than two months, but in practice they have to wait an average of three months.
- I do not usually get a set of necessary documents, so we call this page to complete them, and it takes - Idaszak Viola says. - Besides, we have an obligation to consult each application with the Minister of National Defence, in the case of agricultural land - with the minister of agriculture and rural development. Time, which is so needed, not included in these two months.
permit is valid for two years. Year of less importance is called. promise, a promise to issue the permit. Usually trying to get her foreigners, who want to buy property in the tender. Promise sets out the conditions under which the alien may apply for a permit.
Minister does not issue a permit if it finds no links with the Polish or the applicant considers that the acquisition of property by a foreigner could jeopardize the defense, state security or public order or contravene to considerations of social policy and public health. There is no obligation to justify its decision if the reasoning could threaten the security or national security. The reason for refusal can also be applicant's failure to respond to the call to complete and exceeded the limit area of \u200b\u200bthe property. The Minister may also issue permits when any of the organs of opinion relating to - ie, Minister of National Defence and Minister of Agriculture and Rural Development - an objection.
If an alien is entitled to refuse a request to the Minister for reconsideration and then appeal to the administrative court. According
Wioletta Idaszak restrictions on real estate acquisition by foreigners is dictated by the security state and its economic and social interests. Therefore, they are all monitored transactions involving foreigners. Minister of Internal Affairs and Administration keeps a record of the property acquired, or by nationals of other countries without permission and under license. Send data to the registry, notaries and the courts. If it were shown that a foreigner has acquired the property in violation of the Act, this act is null and void under the law.
permit applications are accepted at the Office of Podawczym Ministry of Interior and Administration ul. Rakowiecka 2a. They can also be sent by post. Details are given on the website of Ministry of Interior: http://www.mswia.gov.pl/portal/pl/88/260/Nabywanie_nieruchomosci.html
Opinion: Paul Bruno, a legal adviser from Krakow
- Foreigners without Polish citizenship must be patient if they want to purchase so-called in the old country. second home. The requirement to obtain authorization to purchase the property will be exempt only if they confirm the nationality or Polish origin, or special relationship with the Polish. For this purpose, for example, can produce a birth certificate of one parent of Polish nationality in conjunction with its own birth certificate, certificate from the foreign office in exile, and even book a military parent, provider, that he fought in the Polish armed forces. People who do not have such documents should be prepared for a long (sometimes over one year) and tedious to collect evidence in Polish archives and offices, including the IPN. This often negates the chance to purchase real estate upatrzonej, because no vendor is not willing enough to wait. In addition, there is no guarantee that it will be found any documents. In case of failure in search of Polish roots remain, for example, buying an apartment or guesthouse. The latter approach, however, only applies to citizens of the European Economic Area - without permission, they can buy a second home if you intend there to do business involving the provision of tourist services
. Under this principle, there is no legal obstacle to some time after the transaction change plans.
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