Buying a house in Poland: no permit, but the hectare limit
As an EU citizen you need no permit from the minister to buy in Poland. The exception is in the countryside: agricultural land falls under the act on shaping the agricultural system, and from one hectare only a farmer may buy or whoever gets prior consent from the KOWR. A house in the countryside with a few hectares around it is therefore not a home but agricultural land.
In the city, buying in Poland is an ordinary purchase. In the countryside it is a question about land, and that question decides more than the price.
No permit for EU citizens
Foreigners in Poland in principle need a permit from the Minister of the Interior to buy real estate. For citizens of the EU, Iceland, Liechtenstein, Norway and Switzerland that doesn't apply: since the end of the transitional period after accession you buy an apartment, a house or an urban plot without a permit.
Two exceptions remain: real estate in the border zone, and agricultural land. The second is the important one for this route.
The hectare limit
Agricultural land falls under the act on shaping the agricultural system, and that has three layers.
- Below 0.3 hectares of agricultural land the act doesn't apply.
- Up to one hectare anyone may buy, farmer or not.
- From one hectare only a farmer may buy — or whoever gets prior consent from the Director General of the KOWR, the national agricultural support centre, in the form of a decision.
A house in the countryside with two hectares of land around it is therefore not a house but agricultural land. Without consent the purchase isn't possible, and the consent asks that you use the land agriculturally. Have the notary check the designation and the surface area in the land registry before you pay a deposit, not after.
The notary and the costs
A purchase in Poland always runs through the notary, who draws up the deed and arranges the entry in the land registry. Count on three to five percent on top of the purchase price for the transfer tax on existing buildings, the notary and the entry. New builds are sold with VAT and carry no transfer tax.
And the tax on what you buy
With property the tax treaty doesn't follow your residence but the bricks: income from immovable property may be taxed in the state where that property is situated. That is in article 6. A property in Poland is taxed there, and a home you keep in the Netherlands stays taxed in the Netherlands. Count on filing in both countries.
What this rests on
The facts in this article come from these official pages. Rules change — when in doubt the source is leading, not this article.
- Biznes.gov.pl — acquisition of real estate by a foreigner — biznes.gov.pl
- Gov.pl — the KOWR on who may buy agricultural land — gov.pl
- Netherlands-Poland treaty for the avoidance of double taxation — wetten.overheid.nl
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