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Journal of Laws of 2004, No 167, item 1758
The English language text below is not an official translation and is provided for information purposes only.
Act
of 24 March 1920
on the Acquisition of Real Estate by Foreigners
Art. 1. 1. The acquisition of
real estate by a foreigner requires a permit. A permit is issued through an
administrative decision by a minister competent in internal affairs, with the
consent of the Minister of National Defence, and in the case of agricultural
real estate, also with the consent of a minister competent in the country
development.
1a. A refusal to issue a permit provided for in paragraph 1 shall be expressed,
through a decision, within 14 days of providing an interpellation by a minister
competent in internal affairs. In particularly justified cases, a minister
competent in internal affairs, upon the motion of a body entitled to objection,
extends the period of lodging thereof to two 2 months within the day of
providing an interpellation by a minister competent in internal affairs.
1b. A refusal to issue a permit provided for in paragraph 1 shall not require to
address the Minister of Defense or a minister competent in the country
development.
2. A foreigner in the meaning of this Act shall mean:
1) a natural person not possessing Polish citizenship;
2) a legal person having its seat abroad;
3) a company not being a legal person, of persons provided for in items 1 or 2,
having its seat abroad, established in compliance with the legislation of
foreign states,
4) a legal person and a commercial partnership not being a legal person, having
its seat on the territory of the Republic of Poland, controlled directly or
indirectly by persons or companies provided for in items 1, 2 and 3.
3. In case of a commercial partnership, controlled company, in the meaning of
the Act, shall mean a company in which a foreigner or foreigners directly or
indirectly possess over 50 per cent of votes at the partners assembly or a
general assembly, also as gagee, user or upon the basis of agreements with other
persons, or have dominating status in the meaning of Article 4 § 1 item 4 letter
b) or e) of the Act of 15 September 2000 – Code of Commercial Partnerships (Journal
of Laws No 94, item 1037 as amended).
as a controlled company in the event of a commercial company.
4. The acquisition of real estate within the meaning of this Act shall be the
acquisition of the right of ownership to real estate or the right of perpetual
usufruct on the basis of any legal event.
5. The acquisition of a second house within the meaning of this Act shall be the
acquisition by a foreigner provided for in Article 1, paragraph 2 item 1, real
estate destined for development or recreational purposes, which shall not
constitute a permanent residence of the foreigner. This shall not apply to the
acquisition of a separate living accommodation in the meaning of the Act of 24
June 1994 on premises ownership (Journal of Laws of 2000, No 80, item 903).
Art. 1 a. 1. A permit provided for in Article 1, paragraph 1,
is issued upon the motion by a foreigner if:
1) acquisition of real estate by a foreigner does not pose threat to the
defensiveness, national security or public order, and is not in opposition with
social policy and public health considerations,
2) the foreigner proves that there arise circumstances confirming the bonds
whereof with the Republic of Poland.
2. Circumstances confirming a foreigner’s bonds with the Republic of Poland may
include, in particular:
1) possessing Polish nationality or Polish origin,
2) celebrating marriage with a citizen of the Republic of Poland,
3) possessing a permit to reside for a definite time or to settle,
4) possessing membership of a managing body of entrepreneurs provided for in
Article 1, paragraph 2 item 4,
5) conducting business of agricultural activities on the territory of the
Republic of Poland in compliance with the provisions of Polish legislation.
3. A motion for the issuance of a permit shall contain:
1) determination of the motionist and legal status whereof,
2) determination of the real estate to be acquired,
3) determination of the seller,
4) description of the legal form of acquisition of real estate,
5) information on purpose and possibility of acquisition of real estate.
4. The motion provided for in paragraph 3, a foreigner applying for the issuance
of permit shall append with documents confirming circumstances stated in the
motion and circumstances provided for in paragraph 2, as well as any other
documents enabling determination of fidelity of acquisition of real estate.
5. Area of the real estate acquired by a foreigner in order to provide for the
living needs whereof may not exceed 0.5 ha, and in the case provided for in
Article 1 a, paragraph 2 item 5, it shall be justified by actual needs arising
from the nature of the business activity conducted.
6. Acquisition of agricultural real estate by foreigners shall also be effected
with observance of the provisions of The National Agricultural Constitution Act
of 11 April 2003 (Journal of Laws No 64, item 592).
Art. 2. 1. Minister of Internal Affairs prior to the issuance
of a decision on permit may:
1) demand the presentation of evidence and information necessary to consider the
motion and to perform the verification provided for in item 2,
2) perform, also with the assistance of competent bodies of government
administration, verification whether the acquisition of real estate by a
foreigner does not pose threat to the defensiveness, national security or public
order, and is not in opposition with social policy and public health
considerations, and whether it is in accordance with the interest of the State.
2. Minister of Internal Affairs may define in the permit special conditions for
the foreigner intending to acquire real estate, on the fulfillment whereof the
possibility to acquire real estate shall be conditioned.
Art. 2 a. Minister competent for internal affairs may address
bodies of public administration, professional organizations and state
institutions other than provided for in Article 2, paragraph 1 item 2, to
express their opinion and provide documents and information, in particular
contained in the record of land and buildings, necessary for the implementation
of the assignments provided for in Article 1, paragraph 1, Article 3 a, and
Article 8, paragraph 4.
Art. 3. 1. A permit shall in particular specify:
1) the buyer and seller,
2) subject of acquisition,
3) special conditions in the situation provided for in Art. 2, paragraph 2.
2. A permit is valid for two years of the issuance thereof.
Art. 3a. A decision on a permit to acquire real estate
located in the special economic area, established upon the basis of separate
regulations, shall be issued within one month of the day of producing the motion
by the party.
Art. 3b. Proceedings concerning the issuance of a permit
shall be terminated upon the application of the foreigner upon the basis of the
motion whereof it has been initiated, and also if the owner or perpetual
usufructuary declares that they do not intend to transfer it to the foreigner
applying for a permit.
Art. 3c. A body issuing the decision or resolution in the
proceedings pending upon the basis of the regulations of this Act may desist
from factual justification if the defensiveness or national security require
thereof.
Art. 3d. 1. A foreigner intending to acquire real estate may
apply for a promise of the issuance of a permit, hereinafter the ‘promissory
note’. Provisions of Articles 1 – 3c apply to the promissory note accordingly.
2. A promissory note is valid for one year of the day of the issuance thereof.
3. A promissory note may also be issued upon the motions of the founders of the
subject provided for in Article 1, paragraph 2 item 4.
4. During the validity period of the promissory note, the issuance of a permit
may not be refused unless the actual state important to the decision on the
matter has changed.
Art. 3e. 1. Acquisition or seizure by a foreigner of shares
or stocks in a commercial partnership seated on the territory of the Republic of
Poland, as well as any other legal action concerning shares or stocks requires a
permit by a minister competent in internal affairs, if as a result thereof the
company being the owner or perpetual usufructuary on the territory of the
Republic of Poland becomes a controlled company.
2. Acquisition or seizure by a foreigner of shares or stocks in a commercial
partnership seated on the territory of the Republic of Poland, as well as any
other legal action concerning shares or stocks requires a permit by a minister
competent in internal affairs, if the company is a controlled company, and the
shares or stocks are acquired or seized by a foreigner not being a shareholder
or a stockholder of the company.
3. Provisions of paragraphs 1 and 2 shall not apply to cases in which stocks of
a company have been admitted to public trading, or the company is the owner or
perpetual usufructuary of the real estate provided for in Article 8, paragraph 1
items 1, 1a and 5, subject to Article 8 paragraph 3.
4. Provisions of Articles 1 – 3d shall apply to the permit provided for in
paragraphs 1 and 2 accordingly.
5. A motion for the issuance of a permit provided for in paragraphs 1 and 2
shall, beside information provided for in Article 1 a, paragraph 3 items 1 and
3, additionally contain:
1) determination of the company the shares (stocks) whereof are acquired, seized,
or are subject to any other legal action,
2) determination of the company that, as a result of the acquisition of the
shares (stocks) or any other legal action concerning shares (stocks) of any
other commercial partnership, will become a controlled company,
3) determination of the real estate constituting the property or perpetual
usufruct of the company to become a controlled company, or the shares (stocks)
whereof are acquired or seized by foreigners,
4) determination of the manner of acquisition or seizure of shares (stocks) or
any other legal action concerning shares (stocks) in a company, as result
whereof the company being the owner or perpetual usufruct of the real estate on
the territory of the Republic of Poland will become a controlled company.
Article 3f. A minister competent in internal affairs shall
determine, through an order thereof,:
1) types of documents provided for in Article 1 a, paragraph 4,
2) detailed information concerning circumstances stated in the motion,
3) templates of declarations produced by foreigners with regard to proceedings
conducted by a minister competent in internal affairs, concerning the issuance
of a permit, and lists attached to the declarations – considering different
scope of information and documents produced by foreigners provided for in
Article 1, paragraph 2.
Art. 4. A minister competent in internal affairs provides the
Sejm annually, by March 31, with detailed information on the realization of the
Act, in particular on the number of permits issued, type and area as well as
territorial localization of the real estate they regard, and number of negative
decisions on the issuance of permits.
Art. 5. Without producing a permit by Minister of Internal
Affairs, and in case of establishing special conditions in the permit – also
official documentary evidence on the fulfillment thereof, one may not conduct
legal actions or entries of rights of property or rights of perpetual usufruct.
Art. 5a (deleted)
Art. 6. 1. Acquisition of real estate by a foreigner in
breach of the Act is not valid.
2. In case of acquiring real estate in breach of the Act, a court shall rule
upon the invalidity of acquisition, also upon request of ahead of village
relevant due to localization of real estate (a mayor or a president of a city),
district governor, voivodeship marshal or voivode, or upon request of a minister
competent in internal affairs.
3. Provisions of paragraphs 1 and 2 apply accordingly to acquisition or seizure
of shares or stocks in a commercial partnership in breach of the provisions of
Article 3e, yet the request provided for in paragraph 2 may also be sent in for
by any shareholder or stockholder of the company.
Art. 7. 1. Regulations of the Act shall not apply to the
transformation of a commercial partnership, in the meaning of the provisions of
heading IV, section III of the Act of 15 September 2000 – Code of Commercial
Partnerships.
2. Regulations of the Act shall not apply to acquisition of real estate through
inheritance by persons entitled to statutory succession. If national legislation
of the bequeather does not provide for statutory succession, Polish legislation
shall apply in the scope thereof.
3. If a foreigner, who has acquired real estate constituting part of inheritance
upon the basis of last will, does not obtain a permit by a minister competent in
internal affairs upon the basis of a motion lodged within two years of the day
of opening the estate, the right of property or right of perpetual usufruct of
the real estate shall be acquired persons that would be entitled to the
succession by statutory law.
4. Provisions of paragraphs 2 and 3 shall apply accordingly to shares or stocks
of a commercial partnership being the owner or perpetual usufruct of real estate
on the territory of the Republic of Poland.
Art. 7a (deleted)
Art. 8. 1. The following do not require to obtain permission,
subject to paragraph 3,:
1) acquisition of a separate living accommodation in the meaning of the Act of
24 June 1994 on the Ownership of Premises (Journal of Laws, No 85, item 388).
1a) acquisition of separate business premises destined for garages or share in
such premises, if it relates to providing for the living needs of the purchaser
or owner of the real estate or separate living accommodation.
2) acquisition of real estate by a foreigner residing in the Republic of Poland
for at least 5 years following the granting of a permit to settle thereto,
3) acquisition by a foreigner, being the spouse of a Polish citizen and residing
in the Republic of Poland for least 2 years following the granting of a permit
to settle thereto, of real estate that as a result of acquisition shall
constitute marital estate of the spouses,
4) acquisition of real estate by a foreigner, if on the day of acquisition they
are entitled to statutory succession from real estate transferor, and the real
estate transferor has been the owner or perpetual usufructuary thereof for at
least 5 years,
5) acquisition by a subject provided for in Article 1, paragraph 2 item 4, for
their statutory purposes, of undeveloped real estaty that the total area whereof
in the whole of the country does not exceed 0.4 ha within cities,
6) acquisition of real estate by a foreigner, being a bank and simultaneously
mortgagee, through the seizure of real estate for ownership due to unsuccessful
auction in execution proceedings,
7) acquisition or seizure by a bank, being a legal person provided for in
Article 1, paragraph 2 item 1, of shares or stocks in a company provided for in
Article 3e, due to the bank’s claims resulting from performed banking actions.
2. It is not obligatory to obtain a permit by foreigners being citizens or
entrepreneurs of Member States of the European Economic Area, except for the
acquisition of:
1) agricultural and forest real estate, during the period of 12 years of the
Republic of Poland Accession to the European Union,
2) second house, during the period of 5 years of the Republic of Poland
Accession to the European Union.
2a. It is not obligatory to obtain a permit by foreigners being citizens of
Member States of the European Economic Area in the periods provided for in
paragraph 2, in case of:
1) acquisition of agricultural real estate located in:
a) the dolnośląskie, kujawsko-pomorskie, lubuskie, opolskie, pomorskie,
warmińsko-mazurskie, wielkopolskie, zachodnio-pomorskie voivodeships, upon 7
years of concluding an agreement of lease with stated date, if during this
period they conducted agricultural activities in person and legally dwelled on
the territory of the Republic of Poland,
b) the lubelskie, łódzkie, małopolskie, mazowieckie, podkarpackie, Podlaskie,
śląskie, świętokrzyskie voivodeships, upon 3 years of concluding an agreement of
lease with stated date, if during this period they conducted agricultural
activities in person and legally dwelled on the territory of the Republic of
Poland,
2) acquisition of second house:
a) if the buyer has legally, continually been residing for at least 4 years on
the territory of the Republic of Poland,
b) in order to conduct economic activity involving the provision of tourist
services.
2b. Citizens of Member States of the European Economic Area, being on the day of
the Republic of Poland obtaining membership in the European Union the
shareholders or stockholders of commercial partnership seated on the territory
of the Republic of Poland, may include in the lease periods provided for in
paragraph 2a item 1 the lease period of farmland by the partnership, if during
this period, being the shareholders or stockholders of the company, they
conducted agricultural activities in person and legally dwelled on the territory
of the Republic of Poland.
3. Exemptions provided for in paragraph 1 do not apply to real estate located in
border area and agricultural real estate of area exceeding 1 ha.
4. A minister competent in internal affairs shall keep a register of real estate,
shares and stocks acquired or seized by foreigners without a permit in cases
provided for in paragraphs 1, 2 and 2a, as well as a register of real estate,
shares and stocks acquired or seized by foreigners upon the basis of required a
permit provided for in Article 1, paragraph 1, and Article 3e, paragraphs 1 and
2.
5. Council of Ministers shall establish through ordinance the manner of
proceeding in detailed regulations concerning the keeping of registers provided
for in paragraph 4.
Art. 8a. 1. A notary public shall send a minister competent
in internal affairs, within 7 days of the day of delivery thereof, an abstract
from an authenticated deed, by virtue whereof a foreigner has acquired or seized
real estate, shares or stocks in a company being the owner or life estate user.
2. Provisions of paragraph 1 applies accordingly to court, if acquisition of
real estate has taken place upon the basis of a valid ruling and when
acquisition or seizure of shares or stocks is subject to entering in the
entrepreneurs register.
Art. 9 (deleted).
Information on the purchase of real estate by real or law persons can be found on the web pages of the Ministry of Internal Affairs and Administration: www.mswia.gov.pl.
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