Real Estate Lawyer in Poland for Foreign Buyers and Owners

An English-speaking real estate lawyer (radca prawny) in Poland for foreign buyers, sellers and owners — from checking a property's legal status and negotiating the contract to completing the purchase, with much of the work handled on your behalf.

Who we help

This page is for foreign clients buying, selling or owning property in Poland: individuals purchasing a home or an investment flat, owners dealing with an inherited or co-owned property, and companies acquiring commercial premises. In each case the transaction is governed by Polish law and completed in Polish, so clear advice in English protects you at every step.

As an English-speaking real estate lawyer (radca prawny) in Poznań, we assist clients throughout Poland. Because a purchase can largely be prepared and completed on a power of attorney, you do not necessarily have to be in Poland for every stage of the transaction.

Buying property in Poland as a foreigner

Whether you need a permit to buy depends on your situation. Buyers from the European Union and the European Economic Area may as a rule acquire property on the same terms as Polish buyers, while buyers from certain other countries may need a permit from the Ministry of the Interior — including when acquiring shares in a company that owns property.

Agricultural land is subject to separate restrictions, and some property is held as a time-limited right of perpetual usufruct rather than full ownership. We establish at the outset which rules apply to you and to the specific property, so there are no surprises before completion.

Checking the land and mortgage register

Every property in Poland has an entry in the land and mortgage register (the "księga wieczysta"), which records ownership, mortgages and other encumbrances. Reviewing this register is the first step in any purchase, because it shows who is entitled to sell and what rights burden the property.

We examine the register and the underlying documents to confirm the seller's title and to identify any mortgage, easement, claim or restriction that must be dealt with before or at completion. Discrepancies between the register and the facts on the ground are exactly what this review is designed to catch.

Property due diligence

Beyond the register, a purchase should be checked against the wider legal position: the planning and permitted use of the property, access, any tenancy affecting it, unpaid charges and, for a building, that it was lawfully constructed and put into use. The scope depends on whether the property is residential, commercial or land.

We carry out this due diligence and set out the findings clearly, so that any risk is reflected in the price, in the contract or in conditions to be met before completion, rather than discovered afterwards.

Preliminary and final contracts

A property purchase in Poland is often structured in two stages: a preliminary contract, under which the parties commit to the transaction and a deposit is usually paid, and a final contract that transfers ownership. The transfer of ownership must, as a rule, be made in the form of a notarial deed before a Polish notary.

We prepare and negotiate the contracts, advise on the deposit and on the protections built into them, and make sure the final deed reflects what was agreed and that the change of ownership is entered in the register afterwards.

Buying from a developer

Buying a new-build from a developer follows particular rules designed to protect the buyer, including requirements about the developer contract and how the buyer's payments are safeguarded. The contract with a developer deserves careful review, because it sets the specification, the timetable and the consequences of delay or defects.

We review and negotiate developer contracts, check the protections that apply to your payments, and advise on your position if the property is delivered late or not as promised.

Co-ownership and its dissolution

Property is often held by more than one owner — for example by family members, former partners or heirs. Co-ownership can be managed by agreement, but where the owners cannot agree, the co-ownership can be dissolved, whether by dividing the property, awarding it to one owner with a payment to the others, or a sale.

We advise co-owners on their rights and on the options for dissolving co-ownership, and represent an owner where the matter has to be decided by a court.

Selling inherited property in Poland from abroad

Heirs living abroad frequently need to deal with, and often to sell, a property inherited in Poland. Before a sale, the inheritance normally has to be confirmed and the heirs entered in the land register, which are steps in their own right.

We assist heirs with confirming the inheritance, updating the register and completing a sale, coordinating the inheritance and property sides so that the property can be sold without unnecessary delay. Our inheritance guidance explains the succession steps in more detail.

Leases and landlord-tenant disputes

Owning property to let, or renting premises, brings its own questions: the terms of the lease, the protections that apply to tenants, and what happens when rent is unpaid or a tenant will not leave. The rules differ depending on the type of lease and property.

We advise landlords and tenants on lease terms and on resolving disputes, and represent a party where a matter has to be pursued or defended before a court.

Commercial and investment property

The same care applies to commercial and investment property, whether you are acquiring office, retail or industrial premises, a plot for development, or a portfolio of rental flats. Commercial transactions add further questions — the tenancies in place, the permitted use, and how the property is held — that should be checked before you commit.

We assist investors and companies with the acquisition and sale of commercial property, with the review of existing leases and with the legal structure of the purchase, coordinating with the tax and financing side where needed.

Taxes, notary and costs

A property purchase in Poland involves costs beyond the price, including notarial fees, court fees for the register entry and a transaction tax, the nature of which depends on whether the purchase is from a private seller or subject to VAT. These should be understood before you commit.

We explain which costs and taxes apply to your transaction and how they are triggered, so that the overall cost is clear from the start. We do not provide tax advice in place of a tax adviser, but we flag the tax questions that a purchase raises.

Remote handling and powers of attorney

Much of a property transaction can be handled on your behalf under a power of attorney, which allows the necessary steps — and in appropriate cases the signing itself — to be carried out without you travelling to Poland for each stage. An initial consultation can take place by telephone or online, in English or Polish.

We advise on the form the power of attorney must take, prepare the documents and coordinate with the notary, so that a purchase or sale can proceed smoothly for a client based abroad.

How an English-speaking real estate lawyer helps

We assist through the whole transaction: checking the land register and the property's legal status, carrying out due diligence, preparing and negotiating the contracts, dealing with a developer, resolving co-ownership and handling inherited property and leases.

The office is based in Poznań and assists foreign clients throughout Poland, in large part remotely. You receive a clear view of the property's legal position, the steps involved and the factors that can affect time and cost.

Frequently asked questions

Can a foreigner buy property in Poland?

Buyers from the EU and the EEA may as a rule buy property on the same terms as Polish buyers. Buyers from certain other countries may need a permit from the Ministry of the Interior, and agricultural land is subject to special restrictions. We establish which rules apply to you first.

What is the land and mortgage register and why does it matter?

It is the official register (the "księga wieczysta") that records who owns a property and what mortgages or other rights burden it. Reviewing it is the first step in any purchase, because it confirms who may sell and what must be dealt with before completion.

Do I need to come to Poland to buy or sell?

Not necessarily. Much of a transaction can be handled under a power of attorney, and an initial consultation can take place by telephone or online. We advise on the form the power of attorney must take so that the matter can proceed while you are abroad.

Is a notary required to buy property in Poland?

Yes. The transfer of ownership of real property must as a rule be made in the form of a notarial deed before a Polish notary. We prepare and negotiate the contracts and ensure the change of ownership is entered in the register afterwards.

I have inherited a property in Poland — can you help me sell it?

Yes. Before a sale the inheritance normally has to be confirmed and the heirs entered in the register. We coordinate the inheritance and property steps so that an inherited property can be sold, including for heirs living abroad.

What extra costs are involved in a purchase?

Beyond the price there are notarial fees, a court fee for the register entry and a transaction tax whose nature depends on the type of sale. We explain which costs and taxes apply to your transaction so the overall cost is clear before you commit.