Do Americans need a permit to own property in Poland?

A U.S. citizen who does not also hold Polish citizenship generally needs a permit issued by Poland’s Minister of the Interior before acquiring real estate in Poland. The law, however, exempts the two situations we see most often: inheriting from family and buying an apartment. Both exemptions have limits worth knowing before a will is drafted or a contract is signed.

Zezwolenie na nabycie nieruchomości

Permit to acquire real estate. A decision of the Minister of the Interior and Administration under the Act on the Acquisition of Real Estate by Foreigners, passed in 1920 and amended many times since. “Acquire” means becoming the owner in any way: by purchase, gift, inheritance, or court decision.

Who counts as a foreigner under this law?

Under Article 1(2), a foreigner is any individual who is not a Polish citizen. An American who is also a Polish citizen is not a foreigner for this purpose, and the permit rules do not apply to them at all.

Many Polish-American families hold citizenship passed down through generations without knowing it. Being able to prove it with Polish documents can make the permit question disappear, which is one practical reason to confirm citizenship before dealing with property. Buying through a Polish company controlled by foreigners does not avoid the rules, because such a company is treated as a foreigner too.

Do you need a permit to inherit a house in Poland?

Usually not. Under Article 7(2), the Act does not apply when real estate is inherited by a person entitled to inherit under the statutory rules, meaning someone who would be an heir if there were no will. A son in Texas inheriting his mother's house near Rzeszów needs no permit, with or without a will.

It is different when a will leaves property to someone outside that circle. Under Article 7(3), such an heir must obtain a permit on an application filed within two years of the death. If that does not happen, ownership passes to the people who would have inherited under the statutory rules.

Example

A widow near Tarnów who owns a house names a close friend's daughter as the sole heir in her will. The daughter lives in New Jersey, is not related to the widow, and has no Polish citizenship. The daughter has two years from the widow's death to apply for a permit. Without a permit obtained on a timely application, the house goes to the widow's statutory heirs, despite the will.

A later buyout between co-heirs can be a separate acquisition in its own right. Whether it needs a permit depends on who buys from whom, so it is worth checking before anything is signed.

Can you buy an apartment in Poland without a permit?

In most of the country, yes. Under Article 8(1), no permit is needed to buy a separate residential unit, meaning an apartment that is legally a unit of its own, or a garage space that goes with your housing.

A house on its own land is not an apartment and normally requires a permit. The exception that helps within families is Article 8(1)(4): no permit is needed if, on the day of the acquisition, you are entitled to inherit from the seller or donor under Polish statutory rules and that person has owned the property for at least five years. A mother in Poland giving her son in Illinois a house she has owned for decades is the typical case.

Where the exemptions stop working

Under Article 8(3), none of these exemptions applies to property in the border zone or to agricultural land larger than 1 hectare (about 2.5 acres).

The border zone is wider than it sounds. Under Article 12(1) of the Act on the Protection of the State Border, it covers every municipality adjacent to the state border or to the Baltic coast, plus neighboring municipalities where that strip is narrower than 15 km. As a result, an apartment in a coastal town can require a permit while an identical one inland does not. The municipalities are listed in a regulation, so the specific address has to be checked.

Key points

An American without Polish citizenship generally needs a permit before acquiring real estate in Poland. A Polish citizen with a U.S. passport does not.
Heirs who would inherit under the statutory rules need no permit, with or without a will.
Someone outside that circle who inherits under a will must apply within two years of the death, or the property passes to the statutory heirs.
Buying an apartment needs no permit, except in the border zone, which includes municipalities on the Baltic coast.
An acquisition made without a required permit is invalid.

How do you obtain a permit from the United States?

The application goes to the Ministry of the Interior and Administration in Warsaw, by mail or electronically. A lawyer in Poland can file it under a power of attorney, so no trip is needed. Documents in a foreign language need a translation by a Polish sworn translator.

Under Article 1a, the permit is granted if the acquisition poses no threat to defense, state security, or public order, and the applicant shows ties with Poland. The first example of such ties named in the statute is Polish nationality or Polish origin. Marriage to a Polish citizen also counts.

The ministry also expects the seller's statement that they intend to sell to you, for which a preliminary contract serves, and documents showing where the money comes from, such as tax returns or a loan agreement.

According to the ministry, the stamp duty is PLN 1,570, and it can be reclaimed if no permit is granted. The ministry states that proceedings take no longer than two months, provided the application is complete and the authorities it consults respond on time. A permit is valid for two years (Article 3(2)).

A buyer who is not ready to commit can first apply for a promise of a permit, called a promesa, for PLN 98. It is valid for one year, and during that time the permit cannot be refused unless the relevant facts change (Article 3d).

What if the property was acquired without a permit?

Under Article 6(1), an acquisition in breach of the Act is invalid, and a court can declare this also at the request of public authorities. Under Article 5, no transaction can be made and no ownership entered in the register without the permit. Where a property was nonetheless acquired without one, the land and mortgage register may not reflect a valid acquisition, and that has to be resolved before a sale.

How we help

We check whether a permit is needed for a specific property and family, including whether the address lies in the border zone. Where one is required, we prepare and file the application under a power of attorney while you stay in the United States.

This article is general information about Polish law, not legal advice about your situation. Legal basis: the Act of 24 March 1920 on the Acquisition of Real Estate by Foreigners (consolidated text, Journal of Laws 2017 item 2278, as amended), Articles 1, 1a, 3, 3d, 5, 6, 7 and 8; the Act of 12 October 1990 on the Protection of the State Border (consolidated text, Journal of Laws 2026 item 919), Article 12. Fees and processing times are as published by the Ministry of the Interior and Administration in September 2026. Whether an exemption applies depends on the family relationship, the property, and its location. If you would like to know how this applies to you, describe your situation.