What should you check before buying property in Poland?

Are you wondering what you should check before buying your ideal property in Poland – perhaps a charming apartment in Kraków or a house on the Polish coast? Buying property in Poland can be an attractive investment for Swedish citizens. However, the legal procedures differ from those you may be familiar with in Scandinavia. In Sweden, the process relies to a large extent on a registered real estate agent, who handles the transaction and prepares the standard agreement. In Poland, the legal framework can be more complex, making it important to exercise due diligence and take appropriate steps to protect your investment.

Before signing any documents in Polish or transferring funds to the seller, it is important to carefully review the legal status of the property. This helps establish whether the property is subject to any encumbrances or third-party rights and reduces the legal risks associated with the transaction.

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TL;DR – What should you check before buying property in Poland?

• The key point: As a Swedish citizen, you generally do not need a government permit to purchase a residential apartment in Poland. However, you should conduct a thorough review of the property’s legal status, as a Polish notary does not carry out comprehensive legal, commercial and spatial planning due diligence on your behalf.
• In practice: Identifying a legal defect or undisclosed encumbrance in the land and mortgage register before completing the transaction can protect you from significant financial loss.
• Who is this for? Swedish private investors and business owners looking to invest in the Polish real estate market while managing the associated legal risks.
• The benefit: You purchase a property whose legal status has been reviewed, with a clearer understanding of any outstanding liabilities, third-party rights and spatial planning rules affecting the property and the surrounding area.
• Last updated: 10 October 2026.

Swedish buyers on the Polish real estate market – no permit requirement is only the beginning

Many foreign buyers are concerned about the administrative procedures involved in obtaining permission to purchase property in Poland. For Swedish citizens, there is good news: as Sweden is a member of the European Economic Area (EEA), Swedish citizens generally do not require a special permit to purchase a self-contained residential unit or a garage in Poland. In the case of residential premises, Polish regulations on the acquisition of real estate by foreigners generally allow Swedish citizens to purchase property without obtaining such a permit.

Why can Polish procedures come as a surprise to Swedish buyers?

In Sweden, property transactions can be completed relatively efficiently, with the real estate agent handling many of the formalities and the agreement often being signed at the agent’s office without the involvement of a notary. The process in Poland is different. Under the Polish Civil Code, an agreement transferring ownership of real estate must be executed in the form of a notarial deed in order to be valid. A standard written agreement alone – even if followed by payment of the purchase price to the seller – does not transfer ownership of the property under Polish law. This is a fundamental difference that Swedish buyers should be aware of.

Further information is available here:

• DLA Piper – rules applying to foreign real estate investors in Poland.
• European e-Justice – Polish land registers and access to ownership records.
• DLA Piper – legal due diligence before buying property in Poland.

When can a property transaction in Poland be completed entirely remotely?

You do not need to travel regularly between Stockholm and Warsaw to complete a property purchase. Polish law allows the transaction to be handled remotely. You can grant a power of attorney to a professional representative in Poland, who can sign the preliminary agreement and the final notarial deed on your behalf. This requires the principal’s signature to be certified by a Swedish notary public, the document to be provided with an apostille, and subsequently translated into Polish by a Polish sworn translator. This can be a safe and convenient solution that saves both time and travel costs.

Worth reading:

• Government of Sweden – apostilles, powers of attorney and document legalisation.
• European e-Justice – finding legal translators and interpreters in Poland.
• DLA Piper – the form and contents of a Polish property purchase agreement.

What should you always check before buying property in Poland?

To avoid unpleasant surprises, you should carry out thorough legal due diligence before signing a reservation agreement or preliminary agreement. Below are the key areas that should be reviewed before you proceed with a purchase.

1. Land and Mortgage Register

The Land and Mortgage Register is the key source of information on the legal status of a property in Poland. It contains essential information about the legal status of an apartment, house or plot of land. The register is publicly accessible free of charge through the government’s online system, provided that you know the unique Land and Mortgage Register number. Under the Polish Act on Land and Mortgage Registers and Mortgages, the register is divided into four sections:

• Section I: Identifies and describes the property, including its area and location, number of rooms. You should verify that the actual state of the property corresponds to the information entered in the register, for example whether a basement or parking space is formally assigned to the apartment.
• Section II: Identifies the registered owner of the property. Always make sure that the person presenting themselves as the seller is entered as the owner in this section.
• Section III: Contains entries concerning limited property rights (e.g. personal servitudes), as well as claims and warnings. This section requires particular attention, as it may reveal significant legal risks. For example, if Section III includes a lifelong right of residence in favour of the seller’s grandmother, you will effectively buy the apartment together with a resident whom you cannot simply require to leave.
• Section IV: Contains entries concerning mortgages. A mortgage encumbers the property, and the mortgage creditor may seek satisfaction from the property irrespective of a change of ownership.

2. The seller’s title to the property and third-party rights

Checking Section II of the Land and Mortgage Register is not enough. Ask the seller to provide the document on the basis of which they acquired the property, such as a notarial deed of purchase, a final court decision confirming the acquisition of an inheritance, or a certificate of inheritance. If the seller acquired the property by inheritance or gift, it is also necessary to check whether the applicable inheritance or gift tax has been settled and whether other heirs may have claims to a forced share.

Worth reading:

• European e-Justice – Polish land registers and access to ownership records.
• DLA Piper – registration of title, mortgages and third-party rights.
• DLA Piper – legal due diligence before buying property in Poland.

3. Spatial planning and building status

If you are buying a house or a building plot, you should check the Local Spatial Development Plan (Miejscowy Plan Zagospodarowania Przestrzennego, MPZP) at the relevant municipality office, provided that such a plan has been adopted for the area in which the property is located. If the property is not covered by an MPZP, the municipality’s general plan should also be reviewed, in particular to determine whether the property is located in an area where it will be possible to obtain a decision on development conditions. After 31 August 2026, it is particularly important to establish whether the municipality has already adopted its general plan, as the absence of such a plan may restrict the possibility of obtaining a new decision on development conditions. Existing decisions and situations covered by transitional provisions should be assessed separately. You should also verify whether a decision on development conditions has already been issued for the property. Under the Polish Act on Spatial Planning and Development, spatial planning documents and decisions on development conditions can help determine what may be built on a particular plot and what developments are planned in the surrounding area. It is also worth checking any planned developments in the surrounding area, as these may affect the character of the neighbourhood in the future – for example, through the construction of a new road or wind farm.

4. Outstanding maintenance fees and property taxes, and registered residents

In Poland, outstanding maintenance fees owed to a housing community or housing cooperative, as well as outstanding property tax liabilities, do not automatically pass to the new owner. They may, however, give rise to practical difficulties and disputes. Before purchasing the property, ask the seller to provide:

• a certificate from the building administration confirming that there are no outstanding maintenance or service charges;
• a certificate from the municipality confirming that there are no outstanding property tax liabilities;
• a certificate of zero registered residents at the property. In Poland, the administrative procedure for deregistering a person who refuses to cooperate can take several months. It is also advisable to establish whether the property is actually occupied by any other persons and, if so, the legal basis on which they occupy it.

These documents can help reduce the risk of disputes, unexpected costs and difficulties in taking possession of the property after completion.

Worth reading:

• DLA Piper – ongoing property taxes; see the Poland section.
• DLA Piper – legal due diligence before buying property in Poland.
• Chambers – Poland Real Estate 2026: law and practice.

5. The preliminary agreement – advance payment or deposit?

This distinction can cause problems for foreign buyers who are unfamiliar with Polish legal terminology. A simple example illustrates the difference: imagine that you want to buy a rare vintage bicycle and agree to complete the transaction a week later.

• Advance payment: This is simply part of the purchase price paid in advance. If you decide not to buy the bicycle, the seller generally returns the advance payment. If the seller decides not to proceed, the payment is likewise returned. It offers flexibility but provides less protection if you want to ensure that the transaction proceeds.
• Deposit: This is a specific mechanism governed by the Polish Civil Code and intended to secure performance of the agreement. As a general rule, if you pay a deposit and subsequently withdraw from the purchase for reasons attributable to you, the seller may retain it. If the seller is responsible for the transaction not proceeding, you may be entitled to demand repayment of twice the amount of the deposit.

Make sure you understand which of these mechanisms is used in the preliminary agreement so that a change of circumstances does not result in the loss of thousands of Swedish crowns.

Worth reading:

• DLA Piper – the form and contents of a Polish property purchase agreement.
• DLA Piper – legal due diligence before buying property in Poland.
• Chambers – Poland Real Estate 2026: law and practice.

The role of a notary vs independent legal due diligence

Many Swedish clients ask: If a property transaction in Poland must be completed before a notary, why do I need an additional lawyer? Doesn’t the notary protect my interests?

This assumption can expose a buyer to significant risks. A Polish notary is a person of public trust whose role is to ensure that the transaction complies with the law. However, the notary is a neutral party and does not represent the buyer’s interests. A notary will not visit the municipality office to examine the local spatial development plan, inspect the technical condition of the building, negotiate more favourable terms of the preliminary agreement on your behalf, or advise you on the business risks associated with the purchase. The notary records the terms agreed between the parties and verifies basic identity documents and the status of the Land and Mortgage Register when the notarial deed is executed.

“Most people buy property by looking at attractive interiors and the view from the window. A professional investor looks for a clean Land and Mortgage Register and a well-drafted agreement.” – A principle followed by experienced real estate investors

Notary vs the buyer’s independent lawyer

The table below highlights the differences between the support provided by a notary and that provided by your own independent legal advisor:

What should a professional risk Assessment look like?

An independent legal review of a property should not be limited to a list of legal provisions. A professional lawyer should provide you with a clear risk assessment that classifies the legal issues identified and recommends specific solutions:

• No encumbrances: the Land and Mortgage Register is clear and the documents are fully consistent. The transaction can proceed.
• Risks that can be addressed: issues have been identified, such as a mortgage held by the seller’s bank or residents who have not been deregistered, but these risks can be addressed by including appropriate conditions precedent in the preliminary agreement. For example, part of the purchase price may be paid directly to the bank to discharge the mortgage.
• Serious legal defects: issues such as an ongoing dispute over ownership of the property, a registered lifelong right of use in favour of a third party, or lack of access to a public road. In such circumstances, the transaction should be put on hold until the seller has fully clarified and resolved the issue.

Such a report allows you to make an informed assessment of the legal risks associated with the transaction and decide whether to proceed with the purchase, take appropriate measures to address the identified risks, or withdraw from the transaction.

Worth reading:

• European e-Justice – lawyers and notaries in Poland: roles and responsibilities.
• European e-Justice – finding a notary by location and language.
• DLA Piper – legal due diligence before buying property in Poland.

HOW TO: What should you prepare for your first meeting with an advocate?

Rather than trying to navigate complex Polish regulations on your own and risking a costly mistake, you can ask an independent legal professional to review the transaction. To make your first legal consultation as efficient as possible and allow the property due diligence to begin without delay, prepare the following information and documents:

With these basic documents and information in place, your advocate can begin reviewing the transaction immediately, identify potential red flags and take appropriate steps to protect your financial interests from the outset. In cross-border transactions, time matters, and being well prepared can make the process considerably smoother.

Further information is available here:

• European e-Justice – Polish land registers and access to ownership records.
• European e-Justice – finding legal translators and interpreters in Poland.
• Government of Sweden – apostilles, powers of attorney and document legalisation.

FAQ – Frequently asked questions about what to check before buying property in Poland

What else should you know about buying property in Poland?

Before signing the agreement, establish how the purchase price will be settled if different currencies are involved, as the exchange rate applied by the bank may significantly increase the actual cost of the purchase. It is also advisable to prepare documents confirming the source of funds in advance, as these may be requested by the bank or notary in connection with anti-money laundering (AML) procedures. Check whether the property can be insured from the date on which ownership is transferred to avoid a gap in insurance coverage between execution of the notarial deed and the actual handover of the property. If the purchase is financed by a loan in Sweden, you should also establish whether the foreign bank will accept the Polish property as collateral.

It is equally important to plan the handover of the property carefully. The handover protocol should include meter readings, the number of keys handed over, a list of items and equipment included with the property, and a description of any damage identified at the property. You should also establish who will notify the electricity, gas, water, internet and other service providers of the change of customer, and by what date. If you are purchasing a parking space, storage unit or a share in an internal access road, you should also verify that each of these elements is clearly specified in the agreement and included in the agreed purchase price.

Further information is available here:

• DLA Piper – taxes and transaction costs when purchasing property in Poland.
• European e-Justice – lawyers and notaries in Poland: roles and responsibilities.
• DLA Piper – registration of title, mortgages and third-party rights.

Summary: what should you check before buying property in Poland?

The answer to the question What should a Swedish buyer check before purchasing property in Poland? is clear. The key to making a well-informed investment is a thorough review of the Land and Mortgage Register, verification of the seller’s title to the property, an analysis of the relevant spatial planning documents, and careful drafting of the preliminary agreement, particularly the provisions concerning the deposit. Remember that Polish law differs from Swedish law, and rushing into a transaction without sufficient knowledge of the local legal framework can expose you to unnecessary risks. Do not put your capital at risk or make decisions based solely on generic agreement templates found online.

Are you planning to buy property in Poland? Get professional legal support and property due diligence tailored to the needs of Swedish clients. Contact me. I can review the relevant documents, identify potential risks and guide you through the transaction.