The process of purchasing property may take various forms. The two most common ones are purchasing a communal property or from a private owner. They differ in the manner of conducting the transaction.
Main source on the government website:
https://www.gov.pl/web/mswia-en/apply-for-a-permit-to-acquire-real-estate-shares-stocks-by-foreign-citizens
We assist with
- conducting full due diligence of the property in cooperation with relevant specialists, appraiser,
- gathering documents concerning the real estate, such as a copy from the Land and Mortgage Register,
- creating a comprehensive report on the basis of conducted audits.
Which aspects are included into property legal audit?
- ownership/legal title to property,
- third party contracts, possible claims arising therefrom, financial encumbrances (loans, mortgages, etc.),
- technical condition of the building, documents related to the construction process,
- zoning issues,
- profitability of the investment.
Did you decide to open your company in Poland?
Do you represent a large corporation, mid-sized business or its your first business step here?
For each of the above situations, several issues are very important in the entire process of forming a business in Poland.
Permit application process
I. What should be indicated on the form?
- Details of the property to be purchased
- Information data of the vendor of the real estate
- Legal form, on the basis of which the real estate transaction will be carried out
- Purpose of real estate purchase
- Sources of funds for property acquisition
- Indicate whether the applicant is purchasing the real estate solely in his own name or for joint property with his spouse
- Indication of whether the applicant already owns other real estate a be included in the form?
There is no uniform template for the application for a permit, the basis is the law specifying the documents required for consideration by the authorities and the issuance of a decision.
II. What documents should be attached to the form?
- Documents confirming ties to Poland and legal residence (e.g. Residence Card, copy of marriage certificate, etc.).
- Valid identity document
- Documents specifying the property (copy of the land register, extract from the land register, list of land changes, zoning plan provisions, etc.).
- Current statement of the vendor expressing willingness to sell the property, including information about the property
- Documents confirming financial capacity and source of funds.
- T! The examining authority has the right to request additional documents from the applicant during the examination of the application.
- ! Documents in a foreign language must be submitted with their translation into Polish made by a sworn translator.
- ! Documents must be submitted in original or as a copy certified for conformity with the original by a notary public.
III. Stamp duty
The applicant shall pay the stamp duty prescribed under the Act with the submission of the permit application.
Is there anything we can help you with?
Should you wish to discuss your company formation issues further, please do not hesitate to contact us. CGO Legal is an experienced legal partner with whom the achievement of your goals will be faster, safer and more comfortable.