Publication date: 10.09.2024
Buying a house in Poland: legal nuances for Ukrainians
Purchasing real estate abroad is a complex process that requires careful preparation and knowledge of local legislation. This is especially true for Ukrainians who decide to buy a house in Poland. In this article, we will take a closer look at the main legal aspects and nuances that a Ukrainian buyer may face in the Polish real estate market and explain how professional legal consultation can simplify this process.
Legal basis for buying real estate in Poland
Before you start the process of buying a house in Poland, it is important to understand the legal framework. The service of legal analysis of a situation will help you understand whether you have the right to purchase real estate in this country and what documents you need for this. This is especially important for Ukrainian citizens, as the legislation may have certain restrictions for foreigners.
Key points of legal regulation:
- Citizens of Ukraine have the right to buy real estate in Poland
- A special permit from the Ministry of the Interior of Poland may be required to purchase a land plot
- The purchase and sale process must be notarized in accordance with Polish law
- It is necessary to obtain a NIP tax number for paying taxes and registration of utilities
- It is important to check the presence of encumbrances on the property in the land register
The service of legal analysis of the documents will help you to make sure that all the necessary papers are in order and meet the requirements of Polish law. This will help to avoid many problems at the further stages of the transaction.
Search and selection of real estate
Choosing the right property is the first step to a successful transaction. The service of lawyer's consultation can be useful at this stage to avoid potential legal problems with the chosen house. A professional lawyer will help you understand the intricacies of the Polish real estate market and protect your interests.
What to look for when choosing real estate:
- Legal status of the house and land plot (check in the land and mortgage registers)
- Whether there are any encumbrances or prohibitions on the property
- Compliance of the building with all norms and standards, including energy efficiency
- Condition of communications and infrastructure in the area
- Planning of the territory and possible restrictions on the use of the property
- History of ownership and previous transactions with the property
The due diligence service will help you conduct a thorough check of the selected property and avoid unpleasant surprises in the future. This includes analyzing all documents related to the property and identifying potential risks.
The process of concluding a sale and purchase agreement
Concluding a real estate purchase and sale transaction in Poland is a complex process that requires attention to detail and knowledge of local law. The service of a legal opinion of a lawyer can be indispensable at this stage, ensuring the protection of your interests and compliance of the transaction with all legal norms.
The main stages of the transaction:
Signing of a preliminary agreement (umowa przedwstępna) with the terms and conditions of the transaction
Making a deposit or advance payment, which confirms the seriousness of the intentions of both parties
Conducting a thorough legal due diligence of the real estate object (due diligence)
Obtaining the necessary permits (if required, for example, to purchase a land plot)
Preparation and negotiation of the final text of the sale and purchase agreement
Signing of the main contract at a notary with simultaneous payment of the full price of the real estate
Registration of ownership in the land register
The service of a lawyer in Poland will help you to go through all these stages without mistakes and delays, ensuring the legal purity of the transaction and protecting your interests at every step.
Financial aspects of buying real estate
The financial side of the transaction is an equally important aspect that requires careful planning and analysis. The service of legal due diligence will help you to understand all the financial nuances of buying a house in Poland, including taxation, banking procedures and possible hidden costs.
Question
What taxes and additional expenses should I consider when buying a house in Poland?
Answer
When buying a house in Poland, the main tax is the real estate purchase tax (podatek od czynności cywilnoprawnych), which is 2% of the property value. In addition, you need to take into account notary fees, which usually amount to about 1-2% of the transaction value. There may also be additional costs for the services of a translator, real estate appraiser, realtor (if you use their services), as well as the costs of obtaining the necessary certificates and permits. It is also important to take into account the annual real estate tax paid by the owner. Amounts may vary depending on the region and the specifics of the transaction, so it is recommended to consult a specialist in advance to accurately calculate all costs.
The legal opinion service will help you calculate all the necessary expenses and avoid unexpected financial surprises. A professional lawyer can also advise you on the best ways to finance your purchase, taking into account your non-resident status.
Peculiarities of buying real estate for Ukrainians
Ukrainians buying real estate in Poland may face some specific requirements and restrictions. The service of a legal opinion will help you understand all the nuances and avoid potential problems related to your status as a foreigner.
Key points for Ukrainian buyers:
- The need to obtain a permit to purchase a land plot from the Ministry of the Interior of Poland
- Peculiarities of taxation for non-residents, including possible international agreements on avoidance of double taxation
- Possible restrictions on the use of real estate for commercial purposes, especially if it is located in border areas
- Requirements for sources of financing for the purchase and the need to confirm the origin of funds
- Peculiarities of obtaining a mortgage for non-residents if you plan to use credit funds
The online lawyer service can provide you with detailed advice on all these aspects and help you avoid common mistakes that foreigners often make when buying real estate in Poland.
Post-sale procedures and obligations of the owner
After the successful completion of the sale and purchase transaction, the owner of real estate in Poland has to fulfill a number of mandatory procedures and assume certain obligations. Our due diligence service will help you to deal with all these aspects and ensure that your activities are fully compliant with Polish law.
Important post-sale procedures:
- Registration of ownership in the land register (księga wieczysta)
- Registration of utilities for the new owner (electricity, gas, water, garbage collection)
- Insurance of real estate against various risks
- Payment of the annual real estate tax
- Obtaining permits for repair or construction works, if you plan to modernize your home
- Registration at the place of residence if you plan to live in the house permanently
A lawyer in Warsaw can provide you with full support in completing all these procedures and ensure that you comply with all legal requirements. This is especially important for foreigners who may not be familiar with local administrative procedures.
Potential risks and how to avoid them
Buying real estate abroad always involves certain risks. The verification of documents by a lawyer by a lawyer will help you minimize these risks and ensure the safety of the transaction. Professional legal support can save you a lot of money and nerves in the long run.
The main risks when buying a house in Poland:
- Incomplete or inaccurate information about the property, hidden defects
- Problems with the documentation or legal status of the house (e.g. unregistered alterations)
- Hidden encumbrances or debts related to real estate
- Fraud by the seller or intermediaries
- Risks associated with a lack of understanding of local laws and procedures
- Currency risks when making international payments
The written consultation service will allow you to get a detailed analysis of potential risks and recommendations on how to avoid them. A professional lawyer can conduct a full due diligence of the property and the seller, which will significantly reduce the risks of fraud or purchasing distressed real estate.
Buying a house in Poland can be a great investment and provide you with a comfortable life in this country. However, this process requires careful preparation, knowledge of local legislation, and attention to detail. Neglecting the legal aspects can lead to serious problems, financial losses, and even loss of ownership of the property. That is why it is so important to seek professional legal consultation. Legal Marketplace CONSULTANT offers a wide range of services that will help you successfully complete the purchase of a house in Poland, avoid potential risks and ensure the legal security of your investment. Our experts will provide you with a legal analysis of the documents, conduct a thorough inspection of the property, help you with the execution of all necessary documents and represent your interests at all stages of the transaction. Do not risk your money and time - entrust legal support to professionals and make the process of buying a house in Poland simple, safe and enjoyable. Contact KONSULTANT today and we will help you make your dream of owning a home in Poland a reality!
