Real estate in Poland
With regard to the real estate Skarbiec offers comprehensive legal assistance to acquisition and sale of land property. Within the scope of our services we research the legal status of property (legal property audit) and supervise the completeness of transaction documents.
We offer draft of various other contracts concerning the real estate, among others the following:
- drafting developer agreements;
- drafting land property acquisition contracts;
- drafting investment agreements;
- drafting lease and tenancy agreements;
- drafting land property management agreements.
In addition, if necessary:
- representation and assistance in disputes and negotiations with regard to landlord relationship;
- legal assistance in real property possession and restitution claims.
The Polish law provides that the acquisition of real estate by a foreigner requires a permit. The permit is issued in the form of an administrative decision of the minister competent for internal affairs, provided that no objection is lodged by the Minister of State Defence, and in the case of agricultural real estate – if no objection is lodged by the minister competent for development of rural areas.
The following entities are obliged to obtain the permit:
- natural persons having no Polish citizenship;
- corporate persons having their registered offices abroad;
- a partnership (without legal personality) of persons listed in Items 1 or 2, having its registered office abroad and incorporated under the laws of a foreign country; and
- corporate persons and commercial companies without legal personality, having their registered office in the Republic of Poland, and directly or indirectly controlled by persons or partnerships referred to in Items 1, 2 and 3.
However, there are numerous exceptions to the above rules and, therefore, before undertaking efforts aimed at obtaining the permit or before resigning from acquisition of real estate in Poland, one should first consult a lawyer to find out whether such permit is required in the case of planned acquisition of real estate.
DISCLAIMER: The material you read on this site has been prepared and/or edited by Skarbiec Law Office for information purposes only. This information should not be construed as legal advice and it is not necessarily current or complete. Receipt of this information does not create an attorney-client relationship.