• According to Polish law real estate acquisition - is the acquisition of ownership or right for use in perpetuity.

Foreigner is: (according to the Law "Acquisition of real estate by foreigners")

1. individual entity who does not have Polish citizenship;
2. corporate entity that has the legal address abroad;
3. company, which is not a corporate entity and is belonged by the persons specified in items 1 or 2, has its head office abroad, formed under the legislation of other state;
4. corporate entity and commercial company that is not a legal entity and has its head office in Poland, controlled (more than 50% of votes at the general meeting or the dominant position) directly, or indirectly by persons or companies specified in items 1, 2 and 3.

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Preparations for buying an apartment in Poland:

The main list of documents for reissuance:

• extract from the mortgage register
• documents proving real estate title
• confirmation the absence of registered residents at this address
• extract from the land register

Additional documents:

• The procedure of real estate purchase in each case may require the additional documents

About the master purchase and sales contract in Poland:

• The agreement between the parties (buyer and seller) could be signed in the form of a civil contract (umowa cywilnoprawna) or through a notary.

Signing may occur immediately or take place in two stages:

1. Preliminary sales contract and the master purchase and sales contract.

Notary points payment arrangements between the parties and the price for notarial services in accordance with the rates that are specified by the Minister of Justice. According to the law if the party does not know the Polish language the presence of sworn translator may be necessary.

2. If you have cash (including the availability of funds on a bank card with which you can make payment) master purchase and sales contract can be immediately signed. The same may be done with confirmation from the bank on the loan.

The permission of the Ministry for real estate purchase in Poland:

Provisions of the law separately determine the procedure of real estate buying without permission of the Minister of the Interior and the procedure which requires a permit.

The permit is not required if the foreigner: 

• Plans to buy an apartment in the apartment house or garage. You may buy real estate staying in Poland legally (visa, stay permit, permanent residence or stay permit for long-term resident of EU) or staying outside Poland;
• resides in Poland for at least 5 years from the date of permanent residence or permit for a long-term resident of EU;
• is married with a Polish citizen and lives at least for 2 years in Poland (from the date of permanent residence or permit for a long-term resident of EU), acquired real estate will be a marital assets;
• is a citizen or entrepreneur of countries - parties of the agreement on the European Economic Area or countries of Swiss Confederation.

Permission required:

If a foreigner wants to buy a land in Poland built up with a house or an apartment in the border area regardless of his legal status in Poland he has to get permission of the Minister of Interior for real estate purchase.

The permit is issued:

The permit for real estate purchase is issued by the Minister of Interior as administrative decision according to application of a foreigner if:

• Buy of real estate does not create a threat to national defense, national security or public order, and is not contrary to social policy and public health;
• There are circumstances confirming foreigner's connections with Poland.

Such circumstances may include:
1) Polish nationality or Polish origin;
2) marriage with a Polish citizen;
3) permit on:
a) temporary residence except those who have received residence card as victims of human trafficking and as a person whose presence was required in the public authorities of Poland;
b) permanent residence in Poland;
c) a long-term resident of EU;
4) membership in a management body of commercial company or corporate entity specified in Article 1, paragraph 2, subparagraph 4;
5) fulfilment of economic or agricultural activities on the territory of Poland in accordance with Polish law.

To obtain permission on real estate purchase you need: 

1. Application
2. Information on payment of the state fee in the sum of PLN 1570
3. Package of documents:

• Photocopy of the document certifying the identity of the buyer;
• relevant legal documents on real estate;
• Seller’s statement about willingness to sell the property and a preliminary contract, if it is made;
• Proof of financial assets to purchase real estate and / or certificate from bank confirming creditworthiness;
• Certificate from the Social Insurance Institution (ZUS) and tax administration about absence of debts on compulsory contributions (certificate of fulfillment of tax obligations to the State Treasury);
• Data and legal basis for the real estate acquisition in Poland, if it is already owned by foreigners.

Duration and grant of permission:

• The procedure for permits issuing usually lasts from 2 to 4 months.
• The permit is valid for two years from the date of issue and allows you to purchase a real estate on the usual terms.

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Loans on real estate buying in Poland:

How Polish banks think:

To give a loan to purchase real estate in Poland specialist in a bank estimates the possibility of the applicant's ability to pay the loan (source of income, family composition, availability of real estate, etc.). Own contribution for real estate purchase must be at least 10%. So the bank may cover by the loan to 90% of the real estate price. The minimum percentage of own contribution is expected to increase: in 2016 it will be 15% and in 2017 - 20%.

The maximum time of credit accommodation in Poland:

The longest time, which may be provided by credit proposals from banks is 35 years, in some banks - 45 years.

What is a mortgage loan?

The credit consists of variable and constant part.

• The variable component - a base rate which is the same for all banks in average it is updated every three months. It is necessary to pay attention to the following components of the loan payment:
• One-time fee for a loan (marża) which is about 1-1,54%
• Commission (prowizja) which is about 1-2%
• Annual percentage rate (Oprocentowanie / RRSO), taking into account bank fees, insurance, etc. And according to the Banks it reaches 2,68-3,32%, and it is governed by the quarterly Council of Monetary Policy of Poland;
• The amount of monthly instalment (raty) - depending on the time period, for which real estate is issued and the real estate price.

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