Buying a flat or a house in Poland does not give a foreigner the right of residence — Polish rules do not provide for a residence card (karta pobytu) "for an investment in property". The relationship works the other way round: holding a residence permit is one of the circumstances that help in obtaining an MSWiA permit for the purchase of property, and a longer permanent residence allows you to buy without that permit. We explain how these two procedures link together.
Property is not a basis for residence
The Act on Foreigners contains a closed list of purposes for which the voivode grants a temporary residence permit: work, business activity, studies, family reunification, marriage to a Polish citizen and other circumstances described in the rules. Owning a flat is not among them. Someone who buys an apartment still has to legalise their stay on one of those bases.
Owning your own property can, however, make it easier to meet some requirements. For example, with a temporary residence permit for family reunification, the family member must show that housing in Poland is secured — the notarial deed of purchase is strong evidence here. Ownership also makes it easier to register for residence (meldunek) and to confirm the address in subsequent proceedings.
When a foreigner needs an MSWiA permit
The rule in the Act on the Acquisition of Real Estate by Foreigners is the requirement of a permit from the Minister of the Interior and Administration. An acquisition made contrary to the Act is null and void. There are important exceptions to this rule:
- citizens and entrepreneurs from the European Economic Area and Switzerland — do not need a permit, regardless of the type and location of the property (subject to reservations for agricultural and forest land following from separate rules);
- an independent residential unit within the meaning of the Act on Ownership of Premises, located outside the border zone — can be bought without a permit; the same applies to a garage or parking space linked to housing needs;
- a holder of a permanent residence permit or EU long-term resident status, who has been living in Poland continuously for at least 5 years from obtaining it — may buy property outside the border zone without a permit (excluding agricultural land above 1 ha);
- a spouse of a Polish citizen with permanent residence or resident status — after 2 years of cohabitation, if the property enters joint marital assets;
- a statutory heir of the seller, who was the owner or perpetual usufructuary of the property for at least 5 years.
In practice, a permit is most often required when buying a house with land, a building plot, commercial premises or an investment property. A permit is also needed for a flat in the border zone — before signing the contract you have to check whether the commune in which the premises are located belongs to it.
Residence as a "tie to Poland" in the application to MSWiA
The Minister issues the permit if the acquisition does not threaten defence, security and public order, and the foreigner shows ties to Poland. Among example circumstances confirming such a tie, MSWiA lists:
- holding a temporary, permanent or EU long-term resident permit (excluding some short-term permits),
- marriage to a Polish citizen,
- Polish nationality or origin,
- membership of the management board of a company with its seat in Poland controlled by foreigners,
- running business or agricultural activity in Poland.
The order of actions is therefore usually: first legal residence and activity in Poland, then the purchase. Someone who is only planning to move and does not yet have a residence card has a weaker position in an application for the permit.
Area limits and costs in 2026
A property bought for your own living needs cannot exceed 0.5 ha, and in the case of spouses — 1 ha. A larger area is permitted only for business or agricultural activity and must be justified by its actual needs.
| Activity | Stamp duty |
|---|---|
| Permit to acquire property, shares or stocks | PLN 1,570 |
| Promise (undertaking to issue the permit) | PLN 98 |
| Power of attorney | PLN 17 |
In the case of co-ownership, each foreigner files a separate application and pays a separate fee. The promise is valid for one year from issue, and during that time the permit cannot be refused unless the facts change — so it is worth reaching for it when the preliminary agreement is already being negotiated and there are several months left until the final one.
Step by step: a house purchase by a person holding a residence card
- Checking whether in the given case one of the exceptions applies (type of property, border zone, length of permanent residence).
- Gathering documents: a copy of the residence card and passport, documents on the property (an extract from the land register, an extract from the land registry, a drawing from the cadastral map), evidence of the source of financing (tax returns, loan agreement or bank promise).
- Application for a promise or permit to MSWiA — electronically via ePUAP or e-Doręczenia (e-Delivery), or in paper form, with proof of payment of stamp duty.
- A preliminary contract with a condition of obtaining the permit.
- The notarial deed after the permit is received — the notary will not draw up the contract without being shown it.
Example. Mr Arman, a citizen of Kazakhstan, has been running a company in Poland for two years and holds a temporary residence permit. He can buy a flat in Kraków without a permit, because it is an independent unit outside the border zone. However, when he wants to buy a house with land outside the city, he needs an MSWiA permit — and his residence card and the company's activity will be evidence of his ties to Poland. The purchase of the house itself will not, however, extend his stay: he will still apply for the next permit on the basis of business activity.
The most common misunderstandings
- "I'll buy a flat, so I'll get a residence card" — there is no such legal basis.
- "A flat is always without a permit" — not in the border zone.
- "A sp. z o.o. (limited liability company) will get around the rules" — a company controlled by foreigners is also treated as a foreigner within the meaning of the Act.
- "Permanent residence immediately exempts you from the permit" — 5 years of cohabitation from obtaining that status are required.
More on legalising residence when moving is described in our guide on relocation to Poland.
How Good Balance can help
We help you handle both matters in the right order: first legal residence, then a safe purchase. We handle applications for a permanent residence permit, and we help entrepreneurs obtain a residence card based on business activity, which is also evidence of ties to Poland in the application to MSWiA.