Can a Foreigner Buy a Flat in Poland in 2026?

Yes, a foreigner can buy a flat in Poland. A citizen of Belarus, Kazakhstan, Georgia, Armenia or any other country outside the EEA and Switzerland can buy a flat in Warsaw without an MSWiA permit and without a residence card. The Act exempts a self-contained residential unit from the permit requirement whatever your citizenship (Article 8(1)(1) of the Act of 24 March 1920 on the Acquisition of Real Estate by Foreigners, legal position as of October 2026). A permit is needed for a house, a plot of land and certain shares that are sometimes sold together with a flat. Buying does not give you a right of residence. The notary and the agent, however, must verify the buyer and may ask where the money comes from.

This text is for people who live in Minsk, Almaty or Tbilisi and are choosing a flat in Warsaw before their first visit. Foreigners buy flats in Poland often: according to the MSWiA register, in 2025 they completed 17,720 flat purchases, of which 3,137 were in Warsaw (MSWiA report for 2025, Sejm paper no. 2420 of 27 March 2026). We give the rules as they appear in the texts of the Acts. This text is for information only and is not legal advice.

Does a foreigner need a permit to buy a flat in Warsaw?

The general rule is strict: a foreigner needs a permit to acquire real estate in Poland. It is issued by the minister responsible for internal affairs, provided the Minister of National Defence does not object (Article 1(1)). Acquisition means obtaining ownership or perpetual usufruct (użytkowanie wieczyste) on any basis (Article 1(4)).

The Act makes an exception for flats. You can buy without a permit:

• a self-contained residential unit within the meaning of the Act on Ownership of Premises (Article 8(1)(1));
• a garage that is a self-contained non-residential unit (lokal użytkowy) designated for garaging, or a share in it, if it serves your housing needs (Article 8(1)(1a));
• any property, if you have lived in Poland for at least 5 years since obtaining a permanent residence permit or EU long-term resident status (Article 8(1)(2));
• any property in co-ownership with a spouse who is a Polish citizen, if you have lived in Poland for at least 2 years since obtaining such a permit (Article 8(1)(3)).

Citizens of EEA states and Switzerland do not need a permit at all (Article 8(2)). Citizens of Belarus, Kazakhstan, Uzbekistan and other non-EEA countries are not covered by that rule. They have the exemptions in Article 8(1), and for a buyer abroad the most important one is the exemption for a flat.

The exemptions do not apply in the border zone or to agricultural land above 1 ha (Article 8(3)). Warsaw is not in the border zone. In the Masovian Voivodeship the zone covers only the municipalities of Sarnaki and Stara Kornica (MSWiA regulation of 29 August 2005, in force as of October 2026).

Even when no permit is needed, MSWiA learns about the transaction. Within 7 days the notary sends the minister an extract from the deed, and the minister keeps a register of acquisitions made by foreigners (Article 8a(1), Article 8(4)). From 19 November 2026 documents are to reach the ministry through the Central Repository of Electronic Extracts from Notarial Deeds. The notary will charge the parties a fee for this step. Its amount will be set by a ministerial regulation, which had not been issued as of 27 September 2026 (Journal of Laws 2026, item 1099).

When is an MSWiA permit still needed: a house, a plot, a share, a garage?

A permit is needed for anything that falls outside the exemptions in Article 8:

• A house with land, or a building plot. This is land property, not a self-contained residential unit.
• A non-residential unit (lokal użytkowy) other than a garage.
• Shares in separate plots sold together with the flat. A share in the land under your building, attached to the unit, can be bought without a permit. A permit is needed for shares in separate plots, for example in an access road or in part of the development, which are sold together with the flat but form a separate property in the land and mortgage register (księga wieczysta). This is the answer MSWiA gives in its questions and answers section (as of 27 June 2022). In new developments (inwestycja deweloperska) this happens, so before signing, ask the developer what exactly you are buying besides the flat itself.
• A purchase by a Polish company controlled by foreigners. Such a company is also treated as a foreigner if foreigners hold more than 50% of the votes at the shareholders’ meeting (Article 1(2)(4) and (3), as of October 2026).

If a permit was required and not obtained, the acquisition is invalid (Article 6(1)). Invalidity is declared by a court, also on the minister’s application (Article 6(2)).

How to get an MSWiA permit: documents, processing time, fee (as of October 2026)

Conditions. The acquisition must not threaten defence, state security or public order, and you must show a link with Poland (Article 1a(1)). The Act gives examples of such a link (Article 1a(2)): Polish nationality or origin, marriage to a Polish citizen, a residence permit (temporary, permanent or EU long-term resident), a seat on the board of a Polish company, business or farming activity in Poland. The area limit in the Act is 0.5 ha (Article 1a(5)). According to MSWiA, the limit for spouses is 1 ha.

How to apply. There is no ready-made form; the application is written freely. You can submit it in person (ul. Rakowiecka 2a, Warsaw), by post (ul. Stefana Batorego 5, 02-591 Warsaw), through ePUAP or e-Doręczenia. MSWiA does not accept applications by e-mail (MSWiA website, change of 19 May 2026).

Documents (Minister of the Interior regulation of 20 June 2012, Journal of Laws 2012, item 729, and the MSWiA website):

• a copy of your passport or another document showing your photo and citizenship; MSWiA requires it to be certified as a true copy by a notary or by an attorney who is a legal adviser (radca prawny) or advocate;
• an official copy of the land and mortgage register no older than 6 months on the day of filing;
• the seller’s declaration of intent to sell; a preliminary agreement (umowa przedwstępna) or a developer agreement (umowa deweloperska) is enough;
• documents proving the origin of the money, for example tax returns if the money comes from work, or a loan agreement;
• a sworn translation of every document in a foreign language.

Stamp duty (as of October 2026):

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The duty is paid to the account of the Taxpayer Service Centre of the Warsaw City Office; the account number is given on the MSWiA website. If no permit is issued, the PLN 1,570 can be refunded. From 1 October 2026 the refund is made without a separate decision, within 2 months of the application (Stamp Duty Act, Article 9(2a), as worded in Journal of Laws 2026, item 846). No refund is due after 5 years counted from the end of the year in which the duty was paid (Article 9(3)).

Processing time. Under the Code of Administrative Procedure, a particularly complex case is to be settled within 2 months at the latest (KPA Article 35 § 3). In practice, as MSWiA states, it usually takes 2 to 4 months and sometimes longer¹. The Ministry of National Defence and the Ministry of Agriculture give their opinion within 14 days, the Internal Security Agency (ABW) within 30 days.

Validity. A permit is valid for 2 years from issue (Article 3(2)). According to the MSWiA report for 2025, a permit’s validity cannot be extended. A promise of a permit is valid for one year (Article 3d(2)). It does not entitle you to buy on its own, but MSWiA considers it useful when you buy from a developer and do not yet know the final details of the property. While the promise is valid, a permit cannot be refused if circumstances have not changed (Article 3d(4)).

How MSWiA decides. In 2025, 2,582 applications were received (11.77% more than in 2024). The ministry issued 2,005 permits and 117 promises, and refused 162 times. As reasons for refusal it names no strong link with Poland shown, unconfirmed origin of funds or a threat to security (MSWiA report for 2025, Sejm paper no. 2420 of 27 March 2026).

Citizens of Belarus and Central Asia: are there special restrictions and sanctions checks in 2026?

Not under the Polish Act on the acquisition of real estate. The 1920 Act distinguishes only citizens of EEA states and Switzerland. It contains no separate rules for citizens of Belarus or Central Asian states. Judging by the titles of bills submitted to the Sejm of the 10th term, apart from a technical amendment on the electronic transmission of documents (Journal of Laws 2026, item 1099), no other changes to this Act were proposed, including any concerning citizens of Belarus and Central Asia (as of 27 September 2026).

Polish sanctions target specific persons. The measures under the Act of 13 April 2022 apply to persons and entities on the MSWiA list published in the BIP (Journal of Laws 2025, item 514).

EU sanctions concern banks and rest on citizenship and residence. EU banks do not accept deposits above EUR 100,000 per bank from citizens and residents of Belarus (Regulation 765/2006, Article 1u).

The ban does not apply if you hold citizenship or a residence permit of an EU or EEA state or Switzerland (Article 1u(2) as worded on 24 July 2026). The European Commission’s explanations do not say directly whether this limit covers a payment into the developer’s escrow account. A bank may refuse or ask for documents, so agree the payment method with your bank before you sign the agreement.

For high-risk countries the check on the origin of funds is stricter. An updated EU list of high-risk countries for money laundering has applied since 29 January 2026 (Delegated Regulation (EU) 2026/46). If a transaction involves a country on that list, the notary and the agent must apply enhanced due diligence and establish the source of your wealth (AML Act, Article 44(1)). Belarus is not on that list (as of October 2026). Whether your country is on it, ask your notary or agent before the transaction.

What buying a flat in Poland gives you: will you get a residence card?

Buying does not give you a right of residence. The Act on Foreigners (consolidated text, Journal of Laws 2025, item 1079, with amendments of 2025 and 2026) contains no ground for residence based on property. The temporary residence application lists 17 purposes of stay: work, business, study, family and others. Buying a flat or investing is not among them (portal of the Office for Foreigners, MOS, as of October 2026). Even an MSWiA permit, as the ministry states, gives no rights other than the right to acquire a specific property.

A flat can help if you already have a basis for residence. For EU long-term resident status you must prove a legal title to housing (Article 219a of the Act on Foreigners). A flat of your own meets that requirement, as does a tenancy agreement.

It also works the other way. If you already hold a residence permit (except for victims of human trafficking and short-term stay), it counts as a link with Poland in an application for a permit for a house or plot (Article 1a(2)(3)).

What a foreign buyer will be asked: passport, PESEL or NIP, source of funds

The notary and the agent are obliged institutions (instytucja obowiązana) under the Anti-Money Laundering Act and must verify the client (AML Act, Article 2(1)(13) and (18)). The verification covers:

• establishing your identity from your passport;
• establishing the beneficial owner, if you are not buying personally;
• assessing the purpose of the transaction;
• checking the origin of the money “in cases justified by the circumstances” (Article 34(1)).

Verification is mandatory for an occasional transaction worth EUR 15,000 or more (Article 35(1)(2)(a), as of October 2026). For an agent the basic case is establishing a business relationship with a client (Article 35(1)(1)). From 30 June 2026 notaries pass extended data about the flat to the General Inspector of Financial Information (GIIF): the land and mortgage register number, the area, the number of rooms and the floor.

So prepare documents on the origin of the money before you travel, not at the notary’s office. As examples MSWiA names tax returns if the money comes from work and a loan agreement if it comes from a loan. Documents in a foreign language will have to be translated into Polish by a sworn translator if the procedure requires it (for MSWiA it is mandatory).

PESEL or NIP. In Polish tax procedures an individual without a business is usually identified by a PESEL number. If you have no PESEL and tax obligations arise in Poland, for example you let the flat, your identifier will be a NIP (Act on the Rules of Registration and Identification of Taxpayers, consolidated text, Journal of Laws 2026, item 151). You obtain it on form NIP-7. If you do not live in Poland and do not pay PIT here, you file the form with the Second Tax Office Warszawa-Śródmieście (Article 4(3)(b)). If you let the flat and pay PIT, the tax office is determined by the PIT rules. Whether you need a NIP for your transaction, ask the notary before a date is set.

A foreigner’s situation: documents in Polish, translation and preparing for the visit

The notarial deed, the developer agreement, the information prospectus (prospekt informacyjny) and the extract from the land and mortgage register are drawn up in Polish. A sworn translation of every foreign-language document is required for the MSWiA application, and it is mandatory. The notary checks your identity from your passport and a bank may ask for documents on the source of funds, so gather them before you travel. If you are a Belarusian citizen, agree the payment method and the EUR 100,000 limit with your bank before you sign. Our help is described on the page how we help you buy a flat in your own language.

Primary or secondary market: what is easier for a foreigner and what does an agent cost?

Under the Act on the acquisition of real estate there is no difference: a flat from a developer and a flat on the secondary market are both self-contained residential units that need no permit. In practice, in a new development it is worth checking for shares in separate plots (roads, parts of the development). If such a share exists and a permit turns out to be needed, when buying from a developer it is convenient to obtain a promise of a permit first. Of MSWiA permits for premises in 2025, 57% concerned the primary market and 43% the secondary market (MSWiA report for 2025).

Our remuneration (as of October 2026):

• Primary market. We do not charge you for helping you buy a flat from a developer. Our remuneration on the primary market arises from our agreements with developers.
• Secondary market. The remuneration and who pays it we set in the brokerage agreement before work begins.
• Plots. The remuneration is also set in the brokerage agreement. A citizen of a non-EEA state needs an MSWiA permit for a plot unless one of the exemptions in Article 8(1) applies, for example 5 years of residence in Poland since obtaining a permanent residence permit or EU long-term resident status.

On the primary market we register you with the developer (client registration) before your visit to the developer’s sales office (biuro sprzedaży). So write to us before you go there.

How to check a new development before you come to Warsaw: developer prices on dane.gov.pl and the land and mortgage register online

Prices. Since 11 July 2025 developers must publish flat prices on their websites and pass them to the state once a day. The Ministry of Digital Affairs makes the data available on the dane.gov.pl portal (Act of 21 May 2025, Journal of Laws 2025, item 758). For sales begun earlier the transitional period ended on 11 September 2025. From 11 November 2026 the data is to be sent in a uniform electronic structure (Journal of Laws 2026, item 1077). If the price in the agreement differs from the published one, you can demand an agreement at the price more favourable to you (Article 19a(6)). So save a dated screenshot of the price of the flat you choose. You will find the average price level by district on the page flat prices in Warsaw.

Land and mortgage register. Land and mortgage registers in Poland are public (Article 2 of the Act on Land and Mortgage Registers and Mortgage). Anyone who knows the register number can view it online free of charge at ekw.ms.gov.pl (Article 36⁴(6), as of October 2026). Ask the developer for the register number of the plot under the development. A printout from browsing has no force of an official document (Article 36⁴(7)). For the MSWiA application you need an official copy no older than 6 months.

You can choose a flat before you travel in the section new flats in Warsaw in the catalogue. How you then pay the developer in stages during construction is covered in the text how you pay a developer in stages. If you are buying as a Belarusian citizen, see also buying a flat as a Belarusian citizen and the bank check.

FAQ

Can a foreigner buy a flat in Poland without a residence card?

Yes. You can buy a self-contained residential unit outside the border zone without an MSWiA permit and without a residence card, whatever your citizenship (Article 8(1)(1) of the Act on the Acquisition of Real Estate by Foreigners, legal position as of October 2026). Warsaw is not in the border zone. According to the MSWiA register, foreigners completed 17,720 flat purchases in Poland in 2025, of which 3,137 were in Warsaw.

How much does a permit to buy property as a foreigner cost?

The stamp duty is PLN 1,570 for an MSWiA permit, PLN 98 for a promise of a permit and PLN 17 for a power of attorney (as of October 2026). If no permit is issued, the duty can be refunded. From 1 October 2026 the refund is made without a separate decision, within 2 months of the application (Stamp Duty Act, Article 9(2a), as worded in Journal of Laws 2026, item 846). An ordinary flat in Warsaw needs no permit.

Can citizens of Belarus and Central Asia buy a flat in Poland in 2026?

The Act on the Acquisition of Real Estate by Foreigners has no separate rules for citizens of Belarus or Central Asia (as of 27 September 2026). EU banks, however, do not accept deposits above EUR 100,000 per bank from Belarusian citizens and residents (Regulation 765/2006, Article 1u). Where a transaction involves a country on the EU high-risk list (from 29 January 2026), enhanced checks on the origin of funds apply.

Does buying property in Poland give you a residence card?

No. The Act on Foreigners (consolidated text, Journal of Laws 2025, item 1079, as of October 2026) contains no ground for residence based on property. The temporary residence application lists 17 purposes of stay and none concerns buying a flat or investing. A flat helps at most as proof of a legal title to housing when you apply for EU long-term resident status.

How long is an MSWiA permit to buy property valid?

A permit is valid for 2 years from the date of issue (Article 3(2), as of October 2026), and according to the MSWiA report for 2025 its validity cannot be extended. A promise of a permit is valid for one year. It does not entitle you to buy on its own, but while it is valid a permit cannot be refused if circumstances have not changed.

This text is for information only and is not legal advice. Legal position as of October 2026.

Have you chosen a new flat in Warsaw and are about to visit the developer’s sales office? Write to us before the visit. Before you travel we will go through the information prospectus and the draft agreement with you, point out what to ask the developer or a lawyer (including about the MSWiA permit and what besides the flat is part of the agreement), and draw up a list of documents on the origin of the money. We do not charge you for helping you buy a flat from a developer. We serve clients in seven languages.

Jawno · +48 692 649 839 · infojawno@gmail.com