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Step-by-step instructions: how to buy an apartment in Poland?

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Consultant # 45
Consultant # 45
Lawyer
Poland / Poland

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Publication date: 24.08.2024

Step-by-step instructions: how to buy an apartment in Poland?

Purchasing real estate abroad is a serious step that requires careful planning and familiarity with local laws. Poland has become a popular destination for Ukrainians wishing to invest in real estate outside of Ukraine. However, the process of buying an apartment in Poland may seem complicated for foreigners. In this article, we will look at a step-by-step guide to buying a home in Poland and talk about important aspects to consider.

Preparing for the purchase

Before you start looking for an apartment in Poland, it is important to make thorough preparations. This will help you avoid potential problems and make the buying process smoother. The service of legal due diligence can be very useful at this stage, as it will allow you to better understand the legal aspects of buying real estate in Poland.

Basic preparation steps:

  1. Determining the budget and sources of financing
  2. Study of the real estate market in the selected region of Poland
  3. Familiarization with the rules of real estate purchase by foreigners
  4. Preparation of the necessary documents

It is important to understand that each of these steps requires attention to detail and may require professional assistance. For example, a legal document analysis service can help you make sure that all your papers are in order before starting the purchase process.

Choosing a property

Once the preparatory stage is complete, you can start looking for a suitable apartment. This process requires attention to detail and an understanding of the local real estate market.

What to look for when choosing an apartment:

  • Location and infrastructure of the neighborhood
  • Technical condition of the building and apartment
  • Legal status of the property
  • Potential for further value growth

The service of legal analysis of the documents can be extremely useful at this stage, as it will allow you to make sure that the chosen property is legal and clean.

Question

Do Ukrainians need a permit to buy real estate in Poland?

Answer

For citizens of Ukraine, as well as for other citizens of non-EU countries, a special permit from the Ministry of the Interior and the Polish administration is usually required to purchase real estate in Poland. However, there are exceptions, for example, if you have a permanent residence card in Poland or a long-term EU resident status. In each specific case, it is recommended to seek lawyer's consultation to obtain up-to-date information and assistance in preparing the necessary documents.

Negotiating and concluding a preliminary agreement

After you have chosen a suitable apartment, the stage of negotiations with the seller and the conclusion of a preliminary contract comes. This is an important step that requires special attention to detail.

Key points when concluding a preliminary agreement:

  1. Clearly define the subject matter of the contract
  2. Agreeing on the price and payment terms
  3. Setting deadlines for fulfillment of obligations
  4. Determining the terms of termination of the contract

At this stage, the service of a legal opinion of a lawyer can be extremely useful, as it will help you avoid potential legal pitfalls and ensure the protection of your interests.

Obtaining permission to purchase real estate

If you need a permit to purchase real estate in Poland, this is one of the most important steps in the entire process. Obtaining such a permit can take several months, so it is important to start this process as early as possible.

Documents required to obtain the permit:

Application form

A copy of your passport

Documents confirming the source of funds

Documents on the real estate

The service of a legal opinion of a lawyer can greatly facilitate the process of preparing and submitting documents for obtaining a permit.

Financial aspects of the purchase

The financial side of buying an apartment in Poland requires careful planning and understanding of all the costs involved.

The main financial aspects are:

  1. The cost of the property itself
  2. Taxes and fees
  3. Costs of paperwork
  4. Real estate agency commission (if used)

The service of legal analysis of a situation can help you better understand all financial aspects of the purchase and avoid unforeseen expenses.

Conclusion of the main purchase and sale agreement

The conclusion of the main purchase agreement is the culmination of the entire process of buying an apartment in Poland. This stage requires special attention and a professional approach.

Key points when concluding the main contract:

  • Verification of all real estate documents
  • Agreeing on the final price and payment terms
  • Determining the procedure for transferring the apartment
  • Registration of the purchase and sale deed at a notary

The service of legal analysis of the documents can be indispensable at this stage, as it will help you make sure that all aspects of the transaction are in your best interest and comply with the applicable law.

Question

What taxes do I need to pay when buying an apartment in Poland?

Answer

When buying an apartment in Poland, the main tax is the civil law transaction tax (PCC), which is 2% of the value of the property. This tax is paid by the buyer. In addition, there may be additional fees, such as notary fees and fees for making changes to the land register. It is worth noting that when buying new real estate directly from the developer, VAT is paid instead of PCC, which can range from 8% to 23% depending on the type of real estate. For an accurate calculation of all taxes and fees, it is recommended to use the service of a lawyer's consultation.

Registration of ownership

After concluding the main sale and purchase agreement, you need to register your ownership of the real estate. This is an important step that completes the process of buying an apartment in Poland.

Stages of ownership registration:

  1. Submitting an application to the relevant court
  2. Payment of the court fee
  3. Waiting for the application to be considered
  4. Obtaining a court decision on the registration of property rights

The service of a lawyer in Poland can be very useful at this stage, as it will help you to properly prepare all the necessary documents and speed up the registration process.

After the purchase: important aspects

After completing the process of buying an apartment in Poland, there are a few more important things you shouldn't forget about.

What to do after the purchase:

  • Registration of utilities for the new owner
  • Conclusion of real estate insurance contracts
  • Familiarization with the rules of living in the building
  • Planning possible repairs or renovations of the apartment

The service of a lawyer in Warsaw can help you deal with all legal aspects related to owning real estate in Poland, including tax obligations and owner's rights.

What will happen if you don't solve the problem? If you decide to buy an apartment in Poland without proper legal support, you risk facing numerous problems. These may include unforeseen financial expenses, problems with documents, difficulties in obtaining permits, or even the risk of becoming a victim of fraud. That is why it is so important to seek professional help at every stage of the real estate buying process.

Conclusion

Buying an apartment in Poland is a complex process that requires careful preparation, attention to detail, and an understanding of local legislation. From choosing a property to registering ownership, each stage has its own peculiarities and potential difficulties. That is why it is so important to have reliable legal support throughout the process. Legal marketplace CONSULTANT offers a wide range of services that can greatly facilitate the process of buying an apartment in Poland. Whether it is a legal analysis of the documents, a legal opinion, written consultation or a lawyer online service, qualified specialists are ready to provide you with the necessary assistance at every stage. Do not risk your investment and time - seek professional legal consultation and make the process of buying an apartment in Poland as safe and comfortable as possible.

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