Applying for a permission to purchase real estate in Poland
Journal of Laws of 2004, No 94, item 925
The English language text below is not an official translation and is provided for information purposes only.
Regulation of the Minister of Internal Affairs and Administration
of 26 April 2004
on detailed information and types of documents, which a foreigner, applying for a permission to purchase real estate, is obliged to present.
On the basis of art. 3f of the law of 24th March 1920 on
purchase of real estate by foreigners (The Journal of the Laws of 1996 No. 54
with later amendments ) the following is decreed:
§ 1. The regulation stipulates:
1) detailed information, regarding circumstances, indicated in the application
for granting permission, mentioned in art. 1a item 3 and in art. 3e item 5 of
the law of 24th March, 1920 on purchase of real estate by foreigners, hereunder
called „the law”,
2) types of documents, which a foreigner, who applies for the permission, is
obliged to attach to the application for granting permission;
3) sample statements, submitted by foreigners in connection with proceedings
concerning granting permission carried by Minister, in charge of internal
affairs and lists of real estate, attached to these statements.
§ 2. Application for granting permission to purchase real
estate should include detailed information, regarding:
1) details of the applicant:
a) in case of natural persons – citizenship and address of the place of
residence,
b) in case of legal persons and companies without a legal personality – address
of their seat, object of activity, first and last names of members of the board,
and also information regarding partners, or stakeholders or shareholders with
stated
- in case of natural persons – first name and surname, citizenship and address
of the place of residence,
- in case of legal persons and companies without a legal personality – address
of their seats and percentage number of votes, possessed by separate
stakeholders or shareholders at shareholders meeting or general shareholders
assembly;
2) details of the real estate, being purchased:
a) in case of land – street, locality, gmina and district, number of plot’s
register, surface in hectares, number of real-estate register and features of
development of the plot,
b) in case of buildings – the number of building, street, locality, gmina and
district,
c) in case of premises, with separate ownership title – number of the building
and premises, street, locality, gmina and district, usable area of the premises
in square meters and a share in the common real estate, where the premises are
situated;
3) details of the seller:
a) in case of natural persons – address of the place of residence,
b) in case of legal persons– address of the seat, together with legal title to
the real estate, being sold;
4) statement of the type of the act of law for purchasing the real estate;
5) justification of the purposes, for which the real estate will be used.
§ 3. The foreigner, mentioned in art. 1 item 2 point 2-4 of
the law , besides information, mentioned in § 2, should state in the application
for granting permission:
1) the type of investment or economic activity, which is to be performed in the
real estate, being purchased;
2) source of financial means for purchase of the real estate.
§ 4. 1. The foreigner, who applies for granting a permission
to purchase real estate is obliged to attach the following documents to the
application, mentioned in § 2:
1) documents defining the legal status of the person:
a) in case of natural persons – a copy of document, confirming their identity,
with stated citizenship, place of birth and address of the place of residence,
and if the person conducts economic activity– also an extract from appropriate
register or files,
b) in case of legal persons and companies without legal personality – a copy or
an extract from appropriate register;
2) documents defining the real estate:
a) a copy from the real-estate register or a certificate from a collection of
documents,
b) extract from land register together with a sketch of the map from files,
c) in case the purchased real estate was created as a result of a merger or
division – a list of land changes or a decision, confirming division or merger
of the real estate,
d) an extract, a certificate from binding spatial development plan, and in case
of its shortage – from elaborated study;
3) a certificate of the seller, expressing the will to sell the real estate to
the foreigner, and in case of a purchase of real estate as a result of merger (division)
of companies – agreed merger (division) plan, together with drafts of
resolutions on merger (division) and draft articles or statutes of taken over,
separated or newly established company.
2. A foreigner, applying for permission to purchase agricultural real estate is
additionally obliged to supply a statement of Agricultural Property Agency, that
it has not entertained or does not intend to entertain its rights, resulting
from the law of 11th April 2003 on shaping of agricultural organisation (The
Journal of the Laws No. 64, item 592) connected with the right of pre-emption of
the concerned real estate.
3. The foreigner, who applies for granting a permission to purchase premises,
which has a separate ownership title is not obliged to attach to the application
documents, mentioned in item 1 point 2 letter b - d.
§ 5. 1. If, in the application for issuance of permission to
purchase the real estate the foreigner indicated circumstances, stipulated in
art. 1a item 2 point 4 of the law, the foreigner is obliged to attach the
following documents to the application:
1) a copy or an extract from the register of companies of the National Court
Register for the entrepreneur, in which the foreigner serves a function of a
member of a managing body or a certificate from the register of economic
activity;
2) a certificate from appropriate treasury office, stating that the buyer is not
in arrears with payment of budgetary dues;
3) a certificate from appropriate division of Social Insurance Institution
stating that the buyer is not in arrears with payment of contributions to Social
Insurance Fund.
2. If in the application for issuance of the permission to purchase real estate,
the foreigner indicated circumstances stipulated in art. 1a item 2 point 5 of
the law, the foreigner is obliged to attach documents confirming performance of
economic or agricultural activity, especially copies of obtained licenses and
permissions in the territory of the Republic of Poland.
§ 6. The foreigner, mentioned in art. 1 item 2 point 2-4 of
the law, applying for issuance of the permission to purchase real estate,
regardless the documents, mentioned in § 5 is also obliged to present documents
indicating possession of financial means for purchase of the real estate and
possibilities of financing the activity:
1) a certificate from the bank, where the main current account of the buyer, or
its stakeholders or shareholders is carried, defining the amount of possessed
financial means and its credit worthiness and solvency,
2) a certificate from the appropriate treasury office stating that the buyer is
not in arrears with payments of budgetary dues;
3) a certificate from appropriate division of Social Insurance Institution
stating that the buyer is not in arrears with payment of contributions to Social
Insurance Fund.
§ 7. Application for issuance of the permission, mentioned in
art. 3e of the law should include detailed information regarding:
1) details of the buyer of shares or stocks, including shares or stocks, or
parties of other legal actions related to shares or stocks:
a) in case of natural persons – first name and surname, citizenship and address
of the place of residence,
b) in case of legal persons and companies without legal personality – address of
their seat, object of activity, first and last names of board members, and also
information concerning partners, stakeholders or shareholders with information
about:
- in case of natural persons – first and last name, citizenship and address,
- in case of legal persons – address of their seat, and percentage number of
votes, possessed by separate stakeholders or shareholders at shareholders
meeting or general shareholders assembly;
2) providing details about the company, which shares or stocks are being
purchased, taken over or object of other legal actions with indication of the
address of its seat, object of activity, amount of initial capital, members of
the board, stakeholders or shareholders, stating:
- in case of natural persons – first and last name, citizenship and address,
- in case of legal persons – address of their seat,
and percentage number of votes, possessed by separate stakeholders or
shareholders at shareholders meeting or general shareholders assembly;
3) details of companies, with the seat in the territory of the Republic of
Poland, which own or are a perpetual user of the real estate in the territory of
the Republic of Poland, which as a result of purchase, take over of shares or
stocks or other legal action related to shares or stocks of another commercial
company become controlled companies, according to the law, regardless
information, mentioned in point 2;
4) definition of the real estate owned or used perpetually by the company, with
a seat in the territory of Poland, which becomes a controlled company or which
shares or stocks are purchased or taken over by foreigners, with indication of
the place of its location:
a) in case of land – street, locality, gmina and district, number of plot’s
register, surface in hectares, the number of real-estate register and features
of development of the plot,
b) in case of buildings – the number of the building, street, locality, gmina
and district,
c) in case of premises, with separate ownership title – number of the building
and premises, street, locality, gmina and district, usable area of the premises
in square meters and share in common real estate, where the premises are
situated;
5) details of the seller with indication of address of the place of residence in
case of natural persons or the address of the seat in case of legal persons;
6) definition of:
a) the method of purchasing or taking over shares or stocks with indication of
their quantities or statement of the quantity of votes in percentage, which
corresponds to the amount of purchased or taken over shares or stocks,
b) another legal action related to shares or stocks in the company, in result of
which the commercial company, with a seat in the territory of the Republic of
Poland, which is the owner or perpetual user of the real estate, in the
territory of the Republic of Poland, becomes a controlled company.
§ 8.1. The foreigner, who applies for issuance of the
permission, mentioned in art. 3e of the law is obliged to attach the following
documents to the application:
1) documents defining his legal status:
a) in case of natural person – an extract or a copy the document, confirming the
identity with indication of citizenship and address of the place of residence,
and if the person conducts business activity – also an extract from appropriate
register or files,
b) in case of legal persons and companies without legal personality– a copy or
an extract from the appropriate register;
2) documents defining the legal status of the company, to the shares or stocks
of which the application is related:
a) an extract from the National Court Register,
b) articles or statutes of the company with all changes or a unified text,
c) current extract from the register of shares or shareholders’ register,
3) documents defining the legal status of the seller of shares or stocks:
a) in case of natural persons – a document confirming the identity with
indication of citizenship, place of birth and address of residence,
b) in case of legal persons and companies without legal personality – a copy or
an extract z from the appropriate register of companies;
4) documents defining the real estate, which is owned or used perpetually by the
company, which becomes a controlled company or which shares or stocks are
purchased or taken over by foreigners:
a) an extract from real-estate register,
b) an extract from land register together with a sketch of the map from files ,
c) in case when the purchased real estate was created as a result of a merger or
division – a list of land changes or a decision approving a division or merger
of the real estate,
d) an extract from currently binding spatial development plan, and in case of
its shortage – from an elaborated study;
5) a statement of the seller of shares or stocks expressing the will to sell
them to the buyer, with indication of the form of sale and quantity of the sold
shares or stocks with a statement of the number of votes in the shareholders
meeting, corresponding to them, a in case of a purchase or take over of shares
or stocks in the process of merger or division of companies – the agreed plan of
their merger or division together with drafts of laws on merger or division and
a draft of articles or statues of the taken over, separated or newly established
company.
2. The foreigner applying for obtaining a permission to purchase or take over
shares or stocks of the company, which is the owner of the premises,
constituting a separate object of ownership is not obliged to attach to the
application documents, mentioned in item 1 point 4 letter b-d.
§ 9. In case when the buyer or seller of shares or stocks is
a foreigner in the light of art. 1 item 2 point 2-4 of the law, irrespectively
of documents defined in § 10 he is also obliged to submit a statement of the
buyer or seller, prepared according to the sample, constituting attachment no. 1
to the regulation.
§ 10.1. The foreigner applying for issuance of the permission
to purchase not less than fifteen real properties submits a statement with the
list of real properties, being purchased, according to the sample, given in
attachment no. 2 to the regulation, instead of documents, mentioned in § 4 item
1 point 2.
2. The foreigner applying for issuance of the permission, mentioned w art. 3e of
the law, in case when the company, which shares or stocks are purchased or taken
over, or which becomes a controlled company, is the owner or perpetual user of
not less than fifteen real properties submits a statement together with a list
of real estate constituting property or being used perpetually by the company,
according to the sample stipulated in attachment no. 3 to the regulation,
instead of documents, mentioned in § 8 item 1 point 4.
§ 11.1. Copies of documents, mentioned in this regulation,
are attached to the application for issuance of the permission to purchase real
estate certified for their compliance with the original.
2. Documents in foreign languages should be submitted together with translation
into Polish, certified by a sworn translator.
3. Documents, mentioned in § 4 item 1 point 1 letter b, in § 5 item 1, in § 6,
in § 8 item 1 point 1 letter b and in point 2 letter a and point 3 letter b
should be issued not later than 3 months before the date of submitting the
application.
4. Documents, mentioned in § 4 item 1 point 2 and § 8 item 1 point 4 should be
issued not later than 6 months before the date of submitting the application.
§ 12. The regulation comes in force on the date of its
publication.
MINISTER OF INTERIOR AND ADMINISTRATION
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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