MSWiA permit to buy property in Poland (2026): application, fee and waiting time

An MSWiA permit (from the Ministry of the Interior and Administration) to buy property in Poland is required for a foreigner from outside the European Economic Area and Switzerland who wants to buy a house, a plot of land or other land-based property in Poland. A self-contained apartment (samodzielny lokal mieszkalny) generally does not require a permit. The stamp duty for the permit is PLN 1,570, and in practice the procedure usually takes 2 to 4 months. Below: the application, documents, the promesa (promise of a permit) and costs.

Key facts

• The permit is issued by the minister responsible for internal affairs (MSWiA) as an administrative decision, provided the Minister of National Defence does not object.
• Stamp duty: PLN 1,570 for the permit, PLN 98 for a promesa, PLN 17 for a power of attorney.
• The permit is valid for 2 years, a promesa for 1 year from the date of issue.
• The statutory deadline is 2 months (as a particularly complex case), but the MSWiA says that in practice the procedure takes 2–4 months, and sometimes longer.
• A property purchase without the required permit is null and void (Art. 6 of the Act on the Acquisition of Real Estate by Foreigners).

When do you need an MSWiA permit to buy property in Poland?

Under Art. 1 of the Act of 24 March 1920 on the Acquisition of Real Estate by Foreigners (ustawa o nabywaniu nieruchomości przez cudzoziemców), a foreigner needs a permit to acquire real estate. A foreigner is a person without Polish citizenship, as well as a company with its registered office abroad or a Polish company controlled by foreigners. The exceptions are listed in Art. 8. Since 2021, British citizens have also, as a rule, needed a permit.

The most important exceptions: citizens and companies from the EEA (the EU, Norway, Iceland, Liechtenstein) and Switzerland do not need a permit, and nobody needs one to buy a self-contained residential unit or a garage linked to the apartment. We describe this in detail in our guide to buying an apartment in Poland as a foreigner.

What you are buying	Citizen of a country outside the EEA and Switzerland	EEA or Swiss citizen
Apartment (self-contained residential unit)	No permit (outside the border zone)	No permit
Garage or space in an underground car park with the apartment	No permit (outside the border zone)	No permit
Detached house with a plot	MSWiA permit	No permit
Building plot	MSWiA permit	No permit
Share in a separate plot, e.g. an estate access road	MSWiA permit	No permit
Any property 5 years after obtaining a permanent residence card or EU long-term resident card	No permit (except in the border zone and agricultural land over 1 ha)	No permit

Watch out on new estates: the share in the land under the building is part of the apartment, but according to the MSWiA a share in a separate property – for example an internal road with its own land and mortgage register (księga wieczysta) – requires a permit. Check this in the draft developer agreement (umowa deweloperska).

Conditions for a permit – ties with Poland

Under Art. 1a of the Act, a permit is issued if two conditions are met. First, the purchase must not threaten national defence, state security or public order, and must not conflict with social policy or public health considerations. Second, you must show ties with Poland. The Act gives examples of such ties:

• Polish nationality or Polish descent,
• marriage to a Polish citizen,
• a temporary residence permit (except residence for victims of human trafficking and short-term residence), a permanent residence permit or EU long-term resident status,
• membership of the management board of a Polish company controlled by foreigners,
• running a business or a farm in Poland.

The most common tie is a valid residence card (karta pobytu). Land for personal living needs may not exceed 0.5 ha (1 ha for a married couple, according to the MSWiA). The minister may also set special conditions for the purchase in the permit (Art. 2(2)).

Applying for a permit for a foreigner to acquire property

There is no official application form. You prepare the application yourself (or through a proxy) in line with the Act and the Regulation of the Minister of the Interior of 20 June 2012 (Dz.U. 2012, item 729). An application from an individual should include:

• your first name, surname, citizenship and home address (it is worth adding your phone number and email),
• a description of the property: address, plot number, area in hectares, land and mortgage register number and information on buildings on it,
• the seller's details (developer or private person),
• the legal basis of the purchase – e.g. a sale agreement,
• the purpose of the purchase – e.g. a home for you and your family,
• the source of the money for the purchase – employment, a mortgage, a gift, the sale of another property,
• whether you are buying into your personal property or into joint property with your spouse.

You submit the application in person at the MSWiA registry office in Warsaw (ul. Rakowiecka 2a), by post, via ePUAP (the government e-services platform) or via e-Doręczenia (the electronic delivery system). Email is not enough. Only married couples may file one joint application. Other people buying together file separate applications, each with its own fee.

What documents do you need to attach?

You submit documents as originals or as copies certified by a notary (or by a proxy who is an advocate or legal counsel); your passport and residence card – only as certified copies. Documents in a foreign language require a sworn translation – see sworn translator at a Polish notary.

Document	Where to get it	Notes
Copy of your passport or other identity document	Your document + certification by a notary	Must show citizenship, date and place of birth
Proof of ties with Poland (e.g. copy of residence card, marriage certificate)	Voivodeship office, civil registry office (USC)	Residence card – certified copy only
Copy of the land and mortgage register entry	District court or ekw.ms.gov.pl	Issued no earlier than 6 months before the application
Extract from the land register with a map excerpt	District office (starostwo) or city hall (in Warsaw and Wrocław – city hall)	Max 6 months old; not needed for a unit with its own land and mortgage register
Extract from the local zoning plan or a certificate that there is none, or a zoning decision (warunki zabudowy)	City or municipal office	Max 6 months old; applies to plots and houses
Seller's statement of intent to sell	Developer or seller	May take the form of a preliminary, developer or conditional agreement
Proof of the source of funds	Employer, tax office, bank	E.g. PIT tax return with official receipt (UPO), employment contract, loan decision, deed of gift
Proof of payment of the stamp duty	Bank transfer to the Taxpayer Service Centre of the City of Warsaw	PLN 1,570 for a permit, PLN 98 for a promesa

A proxy can handle the application and the deed for you – see buying property in Poland from abroad.

Stamp duty for the MSWiA permit and other costs

The rates are set out in the annex to the Stamp Duty Act: a permit for a foreigner to acquire property costs PLN 1,570 (Part III, point 8), and a promise to issue a permit, i.e. a promesa – PLN 98 (Part I, point 20). You pay the duty into the account of the Taxpayer Service Centre of the City of Warsaw (Centrum Obsługi Podatnika) and attach proof of payment to the application. If you act through a proxy, there is an extra PLN 17 for filing the power of attorney.

If the permit is not issued (refusal, discontinuation of the proceedings, application left unexamined), you can apply for a refund of the fee.

Worked example. An unmarried couple buy a house together for PLN 945,000. Each of them files a separate application, so the stamp duty is 2 × PLN 1,570 = PLN 3,140. On top of that comes the notarial certification of document copies: with 10 pages per person, that is at most 10 × PLN 6 = PLN 60 net, i.e. PLN 73.80 including VAT – about PLN 148 in total for two people. Altogether it comes to about PLN 3,288, plus sworn translations if needed. If the same couple were married, they would file one application and pay PLN 1,570 in duty. That is about 0.17–0.35% of the price of the house – not much, but you need to plan for it together with the other costs described in our article on taxes and fees when a foreigner buys property.

How long does it take to get an MSWiA permit?

Except in special economic zones (one month), the Code of Administrative Procedure (k.p.a.) applies: a particularly complex case should be dealt with within two months of the start of proceedings (Art. 35 § 3 k.p.a.). This period does not include, among other things, the time needed to remedy deficiencies in the application or delays caused by the applicant (Art. 35 § 5). The MSWiA states plainly that in practice the procedure may take 2, 3 or 4 months, and sometimes longer.

Stage	Time limit	Legal basis
Collecting documents about the property	validity: max 6 months before the application is filed	§ 3 of the Regulation
Objection by the Minister of National Defence (and the minister of agriculture for agricultural land)	14 days, in justified cases up to 2 months	Art. 1(1a) of the Act
Opinion of the Internal Security Agency (ABW)	30 days (according to the MSWiA)	MSWiA information
MSWiA decision	2 months by law, 2–4 months in practice	Art. 35 § 3 k.p.a.
Request for reconsideration (after a refusal)	14 days from delivery of the decision	Art. 127 § 3 and Art. 129 § 2 k.p.a.
Validity of the permit – time to sign the notarial deed	2 years from issue	Art. 3(2) of the Act
Validity of a promesa	1 year from issue	Art. 3d(2) of the Act
Notary sends a copy of the deed to the MSWiA	7 days from the deed	Art. 8a(1) of the Act

There is no ordinary appeal against the minister's decision – you can request reconsideration of the case and then file a complaint with an administrative court. A complete application saves the most time.

MSWiA promesa – when is it worth applying for one?

A promesa is a promise to issue a permit (Art. 3d of the Act). It is valid for a year, and during that time the MSWiA cannot refuse the permit unless the facts relevant to the case change. However, a promesa does not allow you to buy the property – you still have to obtain the permit afterwards (another PLN 1,570).

According to the MSWiA, a promesa is useful when buying from a developer while the final details, such as the floor area or the size of the share, are not yet known. Once the details are certain, apply for the permit straight away. Make sure the contract includes a clause covering the case where the permit is refused – a well-prepared developer agreement helps here.

An example from our listings: a house or an apartment in Wawer

Take an Indian citizen with a temporary residence card who works in Warsaw and is looking for a home for his family in a green district. According to TM Invest listings data as of 27 September 2026, in Wawer he can choose from, among others:

Listing in Wawer	Floor area	Price	MSWiA permit?
House in Osiedle Casa Verde (4 rooms, 6 houses available)	81.16 m²	PLN 945,000 – 1,180,000	Yes – if the house is sold with a plot or a share in a plot
Apartment in the Korkowa 146 development (34 units available)	40.3 – 65.77 m²	from PLN 660,920	No – self-contained residential unit

With an apartment in Korkowa 146, the buyer goes straight to the developer agreement and the notarial deed (akt notarialny). With a house in Casa Verde, he adds PLN 1,570 and 2–4 months of waiting, and can sign the deed transferring ownership only once he has the permit; his temporary residence card serves as his tie with Poland. The key question is what you are legally buying: in terraced or semi-detached developments, a house may be sold either as a plot with a building or as a separate unit – the draft contract and the land and mortgage register decide this. The same applies to houses in Wrocław, e.g. in the Zagony 39 development in Fabryczna (approx. 165–175 m², PLN 1,990,000).

Not sure whether the property you have chosen requires a permit? We will help you choose an apartment or house from a developer and check with you how it is being sold – usually no commission, as our fee is normally paid by the developer.

What happens if you buy property without a permit?

Without a permit (and without proof that any special conditions set in it have been met), the notary cannot draw up the deed, and the court will not enter your ownership in the land and mortgage register (Art. 5). An acquisition in breach of the Act is null and void (Art. 6(1)). The court declares this, for example at the request of the voivode, the district head (starosta), the city mayor or the minister.

The minister keeps a register of properties acquired by foreigners – with and without a permit (Art. 8(4)), and the notary has 7 days to send the minister a copy of the deed (Art. 8a). From 19 November 2026, notaries will do this electronically via the Central Repository of Electronic Copies of Notarial Deeds (amending act: Dz.U. 2026, item 1099).

Frequently asked questions

Summary

The MSWiA permit mainly concerns non-EEA foreigners buying a house or a plot of land. You need ties with Poland, a complete application and PLN 1,570 for the fee; allow 2–4 months for the decision. An apartment – a self-contained unit – does not require a permit.

Looking for a house or an apartment in Warsaw or Wrocław? Get in touch with us – we will find an offer within your budget and guide you through buying from a developer, usually with no commission – our fee is normally paid by the developer.

Legal status as of September 2026. This article is for information only; calculations are approximate and do not constitute legal advice. In unusual cases (agricultural land, the border zone, a purchase through a company), consult a lawyer.

Sources

• Act of 24 March 1920 on the Acquisition of Real Estate by Foreigners (Ustawa o nabywaniu nieruchomości przez cudzoziemców) – consolidated text Dz.U. 2017, item 2278 (Art. 1, 1a, 2, 3, 3d, 5, 6, 8, 8a), amended by Dz.U. 2026, item 1099.
• Regulation of the Minister of the Interior of 20 June 2012 on information and documents to be submitted by a foreigner applying for a permit – Dz.U. 2012, item 729.
• Stamp Duty Act (Ustawa o opłacie skarbowej) – consolidated text Dz.U. 2025, item 1154 (annex: Part I, point 20; Part III, point 8).
• Code of Administrative Procedure (Kodeks postępowania administracyjnego) – consolidated text Dz.U. 2025, item 1691 (Art. 35, 127, 129).
• Regulation on maximum notary fees – consolidated text Dz.U. 2024, item 1566 (§ 13(2)).
• MSWiA – Obtaining a permit for foreigners to acquire real estate and MSWiA – Frequently asked questions (in Polish).
• Prices and availability: TM Invest development catalogue, as of 27 September 2026.