© Potrimpus UG - 08. December 2020 IMPRINT
Questions and answers.
What are the benefits of the Potrimpus UG?
We know each other well in the former East Prussia. By working with our
Polish partner Dr. A. Bauknecht, we have accurate country knowledge in
today's Warmia i Mazury and about current real estate offers.
Dr. Aleksander Bauknecht is a lawyer and speaks fluently Polish and
German. This is particularly important in order to be able to handle the
necessary legal formalities in Poland competently and cost-effectively when
acquiring a property.
On which legal basis
is the acquisition of a property
in Poland based?
The legal basis for the purchase of real estate in Poland is essentially
based on the Act on the Acquisition of Land by Foreigners of 24 March 1920.
In connection with the accession of Poland to the EU, the acquisition of
property for foreigners had to be regulated afresh. The Polish legislature
then revised the existing legal provisions. The current version was adopted
on February 20, 2004 (Gazette No. 49, item 466) with adaptation to
applicable EU standards (EC Treaty). In the case of the acquisition of
agricultural land, the legal provisions of 11.04.2003 (Gazette No. 64, item
592) on the design of the agricultural system must also be observed.
The law regulates their acquisition.
The purchase of real estate in Poland
is in principle problem-free!
Many people have the desire to live in the former East Prussia, e.g. in
Masuria, a holiday home or a second apartment or to move completely
into a house in this beautiful landscape. This is easily possible.
2211/5000
In the context of the accession of Poland to the EU, the acquisition of
foreigners had to be re-regulated. The Polish legislature then revised the
existing statutory provisions and left the obligation to authorize German and
other EU foreigners in the purchase of Polish real estate in principle.
However, Poland has allowed transitional periods until May 2016. Every EU
citizen and thus every German can easily acquire land, a holiday home, a
second home or a different residential property in Poland. The necessary
public-law approval of the Ministry of the Interior in the past has been
omitted for EU foreigners. Non-EU citizens, on the other hand, are still
required to obtain approval from the Ministry of the Interior. There are
special regulations for agricultural and forestry areas.
Before purchasing a property in Poland, it is advisable to always check the
local land register in order to clarify important preliminary questions
regarding the owner, burdens and type of land. The purchase of real estate
in Poland is not divided into the obligatory purchase contract and the
settlement transaction by Polish law in the Polish real estate law, as opposed
to German law. Both are carried out in Poland by a single transaction, the
purchase contract, which requires notarial authentication. The entry of the
owner change into the land register has only a declaratory effect.
Notwithstanding this, the Polish land register and its registered contents
unfold public faith.
Also in Poland, property of companies such as be acquired and held. An
official authorization for the purchase of the property by a company, which is
particularly relevant for agricultural land, may also be necessary if it is a
Polish company. Polish real estate law evaluates the acquisition of a property
by a company as a purchase by a foreigner when these are controlled by
foreign (natural or juridical) persons, e.g. by holding a majority stake.
What services
can we provide?
On request, we recommend solid and inexpensive craftsmen and architects
for repairs and construction measures, allow property valuations to be
assessed, provide necessary or desired Polish insurances and house workers
as well as security services for periods when your house is not inhabited.
If you do not use your house all year round, we can connect with professional
holiday house renters.
Aleksander Bauknecht