Statutory restrictions on the disposal of real estate
In Polish law there are restrictions on the disposal (acquisition) of real estate in certain cases, among others, this applies to real estate:
- excluded from marketing, which include:
– land under public flowing inland waters (Article 211(4) of the Water Act of 20.07.2017),
– public roads (Article 2a of the Act of 21.03.1985 on public roads).
- with subject matter restrictions related to their marketing, which includes:
– agricultural real estate (Act of 11.04.2003 on the formation of the agricultural system),
– forest properties not owned by the State Treasury, in respect of which the State Treasury, represented by the State Forests, has the right of first refusal by operation of law (Article 37a of the Forest Act of 28.09.1991),
– land under inland standing waters not owned by the State Treasury, in respect of which the State Treasury has the right of first refusal (Article 217 of the Act of 20.07.2017 Water Law),
– real estate located within the boundaries of a national park, in relation to which the pre-emptive right of purchase in favour of the State Treasury represented by the national park is applicable (art. 10 of the Law of 16.04.2004 on Nature Protection),
– the disposal of ownership rights to real estate and perpetual usufruct of land located within a zone is covered by the pre-emptive right of the zone administrator (Article 8 of the Act of 20 October 1994 on Special Economic Zones),
– real estates which are the ownership of the State, Tresury nieruchomości stanowiące własność Skarbu Państwa, a local government unit or an entity managing a port or marina located within the boundaries of seaports and marinas, the turnover of which in situations provided for in the Act requires the consent of the minister competent for maritime economy granted by administrative decision (Article 3 of the Act on seaports and marinas),
– the right of first refusal in favour of the municipality under the Real Estate Management Act of 21.08.1997,
- with the subjective restrictions associated with their sales, which includes:
– the acquisition of real estate by foreigners requires a permit from the Minister competent for internal affairs, issued by way of a decision, if no objection is raised by the Minister of National Defence, and in the case of agricultural real estate, if no objection is also raised by the Minister competent for rural development (this does not apply to citizens of EEA countries and the Swiss Confederation in certain situations), (pursuant to art. 1 et seq. Act of 24.03.1920 on the acquisition of real estate by foreigners).
Legal status as at 23.10.2024
