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Real Estate Law

Table of contents:

  1. Polish real estate law - introduction
  2. Legal titles
    • Ownership
    • Perpetual usufruct right
    • Mortgage
    • Usufruct
    • Servitude
    • Utility servitude
  3. Leases
    • General rules governing lease agreements
    • Lease of premises for non-residential purposes
    • Lease of premises for residential purposes
  4. Real estate registration
    • Land and Mortgage Register
    • Land and buildings register
  5. Transfer of real estate
    • Methods of transfer
    • Legal rules governing the transfer
    • Special rules: agricultural land and the sale of real estate by the public authorities
    • Types of agreements
  6. Acquisition of real estate by foreigners
    • Non-EEA and non-Swiss investors
    • EEA or Swiss investors
  7. Basic tax considerations
    • Overview
    • Real property tax


Introduction:

Polish real estate law ensures transparency and reliability thanks to the codification of rules and the registration of legal titles to property in a court register.

The Civil Code is the main source of legal rules governing property rights, whereas the Act of 6 July 1982 on Land and Mortgage Register and on Mortgage provides an additional set of rules relevant for the title registration system and various types of mortgages.

Apart from full ownership of real estate, which is similar to the English legal concept of freehold, Polish law also provides for a so-called perpetual usufruct, which is similar to ownership in that it is freely transferable and ensures the use of the property in a similar manner as an owner.

Polish law also provides for a number of limited property rights, such as mortgages, usufruct and servitudes (rights similar to easements under English law). On the other hand, under Polish law, two types of lease of property are possible.

Titles are registered in the Land and Mortgage Register, which is kept by district courts having jurisdiction over particular properties. The data kept by the district courts across the country is currently being transferred to a national electronic register; a great portion of properties can already be checked at Land Register Information Centre outlets.

The register provides a statutory warranty for the acquirer of real estate that the rights entered in the register exist as they are registered, provided that the acquirer acted in good faith and acquired the property for a valuable consideration.


Real Estate in Poland - Short legal guide


If you seek advice regarding any legal aspects concerning real estate in Poland, you are welcome to contact the author of this paper:

Adam Morawski, Managing Partner
Bożena Morawska, Partner


Contact details:
Morawski & Partners Law Firm
Al. Jana Pawła II 80/138
00-175 Warszawa
Tel: +48 22 250 11 22
E-mail: info@morawski.eu
www.morawski.eu

The information contained in this paper is correct to the best of our knowledge and belief at the time of being published, however it does not constitute legal advice. Legal advice can only be provided by our lawyers in respect of a concrete question.


(Last update: November 2015)

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