Question
A person from Ukraine (without permanent residence) wants to buy a house from me - do I need some permission, or do we just do a notarial act with a notary?
Answer
Any foreigner from outside the European Economic Area (hereinafter: EEA) or Switzerland must obtain a permit from the Minister of the Interior and Administration before buying a property in Poland. Ukraine is not an EEA member and therefore the national of this country must obtain such a decision before buying the property.
This issue is governed by the provisions of the Act of 24 March 1920 about the acquisition of real estate by foreigners.
According to them, the permit shall be issued, by administrative decision, by the Minister responsible for Home Affairs, if the Minister for National Defence does not object and, in the case of agricultural property, if the Minister responsible for rural development does not raise the objection.
This permit is issued at the request of a foreigner, if his acquisition of the property does not endanger the defence, security of the state or public order, and the reasons for social policy and the health of the society do not oppose it, and shows that there are circumstances confirming his ties with the Republic of Poland.
The Act also indicates derogations from obtaining a permit, inter alia, it does not require the acquisition of an independent housing unit within the meaning of the Act of 24 June 1994 with the ownership of premises, with the exception of properties located in the border zone and agricultural land of an area exceeding 1 ha.
Therefore, the location of the property must be checked first and then verified for the other conditions.