4 minutes reading time | April 21, 2024

What Is Real Estate And How Does Property Law Work In Poland?


Property law in Poland, covering real estate and its different categories and ways of acquiring and disposing of real estate, is an extensive topic.  This is also a highly important subject from an economic perspective. Investing in the Polish real estate – especially for foreigners – requires an understanding of the market. It is beneficial for foreigners to know the possibilities provided by Polish law, especially when investing your own money.

Definition of real estate and its divisions

According to Polish law, real estate only includes:

Looking at this division, it can be said that by the Polish legal system, we have three types of real estate:

Property law in Poland

Issues related to real estate law are regulated in the section of the civil law called “property law” („prawo rzeczowe” in Polish). In a very simplified manner: this section regulates provisions related to having ownership rights to things or animals.

There are various forms of possession in the Polish legal system. However, the right of ownership is the broadest and strongest property right one can have over a possessed thing – movable or immovable. This right provides the owner with the most benefits and the most opportunities for independent disposal (movable or immovable).

The right of ownership is transferable and hereditary. It can be sold, donated, leased, rented, or otherwise disposed of. It can also be encumbered, e.g., by a mortgage. Anything movable or immovable (real estate) – can be the subject of ownership.

The right of ownership of real estate is indefinite. This means the right to possess belongs to the owner regardless of the passage of time and lasts until the owner transfers it to another person.

Various ways of acquiring real estate

Polish law distinguishes many types of real estate ownership transfers. The most common are:

In summary

Under Polish law, there are various forms of ownership, but the right of ownership gives the owner the most rights. One can have ownership rights to movable things, but also to immovable things, namely real estate. The right of ownership is a right guaranteed in the Polish Constitution, and all the rights granted to the owner are subject to legal protection, which is the same, regardless of citizenship.

See also

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