Real Estate Law
Real estate in Poland for Polish and foreign clients — from due diligence to construction and disputes.
Poland remains an attractive destination for real estate investment — for individual buyers as well as for foreign funds and developers. At the same time, the Polish legal system in this area combines civil, administrative, and tax tracks, making it difficult to handle a transaction without inadvertently breaching one of them. The firm’s practice covers the full cycle — from due diligence through transaction to investment and any dispute.
Transactions
Every real estate transaction, regardless of scale, begins with a full legal assessment. The land register does not always reflect all encumbrances — some rights and claims are recorded in other registers or arise from factual circumstances. Due diligence performed from the buyer’s perspective aims to identify risks whose later disclosure would be costly or impossible.
The scope of work covers preparation and negotiation of preliminary and final contracts, notarial advice, coordination with financing banks, land-registry formalities, tax advice (PCC, VAT, income tax on disposal), and full language support for buyers who do not speak Polish.
Foreign buyers
Acquisition of Polish real estate by a foreign national is governed by the 1920 Act on the Acquisition of Real Estate by Foreigners. EEA and Swiss nationals benefit from broad exemptions, but significant carve-outs remain (notably agricultural and forest land). For other nationalities, a permit from the Ministry of Interior remains the rule, and assessing whether a specific transaction requires it is rarely trivial — the act includes definitions and exceptions whose plain reading can mislead.
Representation covers the full administrative path and, if necessary, proceedings before administrative courts.
Investment process
Carrying out a construction project requires cooperation with multiple parties and several distinct administrative procedures. Advice covers the choice of route (zoning decision or local plan), environmental decision, building permit, possible derogations, partial and final acceptance. On the contractual side — drafting and negotiating contracts with the architect, general contractor, and subcontractors, clauses on liability for defects, contractual penalties, bank guarantees.
The practice also covers administrative proceedings contested by third parties — neighbors, environmental NGOs, local authorities — and proceedings before administrative courts.
Ownership and possessory disputes
Real estate disputes include the establishment and removal of easements, possession protection, boundary fixing, partition, claims for breach of developer contracts, and supplementary claims for unauthorized use. A significant share of the practice involves disputes between co-owners (family, inheritance) and disputes at the boundary between private ownership and administrative action.
- 01 You are planning to buy a flat, house, land, or commercial property in Poland.
- 02 You are a foreign national and need to assess whether the acquisition requires the Ministry of Interior permit.
- 03 You are selling a property and want to prepare the transaction legally and tax-wise.
- 04 Your neighbor or developer disputes boundaries, an easement, or building conditions.
- 05 You are running an investment project — you need support with permits, contractor agreements, and acceptance.
- 06 You wish to pursue claims for property defects or non-performance of a developer agreement.
- 01
Due diligence
Review of the land register, planning documents, the local zoning plan, permits, easements, restrictions, and encumbrances. Identification of risks before signing.
- 02
Negotiation and contract
Drafting or reviewing preliminary and final contracts. Clauses on penalties, price security, handover deadlines, conditions precedent. Notarial coordination.
- 03
Project execution
Advice in proceedings on building conditions, building permits, environmental decisions. Contracts with the architect, general contractor, subcontractors. Acceptance and handover.
- 04
Dispute or enforcement
Representation in disputes over boundaries, easements, possession, and warranty claims. Administrative and administrative-court proceedings related to the property.
Acting for foreign buyers covers the full path — from assessing whether a Ministry of Interior permit is required, through coordination with the notary and land registry authorities, to tax representation. The practice also includes Poles owning real estate abroad in matters where Polish law or a Polish court is relevant (impact on community property, succession, division).
Can a foreign national buy real estate in Poland?
As a rule yes, but for some categories (notably agricultural land, houses with land above a certain area), a permit from the Ministry of Interior is required. EEA and Swiss nationals enjoy substantial exemptions. Individual assessment is always recommended.
What should good real estate due diligence cover?
A current land register extract (including conditional entries), a cadastre extract, the local zoning plan or zoning decision, final building permits, encumbering contracts (lease, tenancy), any easements and restrictions, technical documentation, and transaction history.
How does a preliminary contract differ from a final one?
A preliminary contract obliges the parties to conclude a final contract in the future. It may be in written or notarial form — notarial form allows enforcing the conclusion of the final contract (a stronger effect). The preliminary contract alone does not transfer ownership.
Can I withdraw from a developer contract?
It depends on the basis. The developer act provides for cases of withdrawal (substantive deviations from the project, late delivery). Some require prior notice to the developer to remedy. Each case requires individual evidentiary assessment.
My neighbor closed access to my plot — what can I do?
It is essential to determine the legal basis for prior use of the road (an easement entered in the land register, factual use, acquisitive prescription). Depending on findings, an action protecting possession, the establishment of a right-of-way easement, or a declaratory action of prescription may be available.