Poland has recently updated its property laws, introducing new regulations and requirements for individuals and companies involved in property ownership, development, and management. Understanding these changes is crucial to ensure compliance and avoid legal pitfalls.
1. Property Ownership and Registration
Under Poland’s recent property laws, individuals must ensure proper registration of property ownership. The Land and Mortgage Register (Księga Wieczysta) is the official record of property rights. Key steps include:
Verification of Ownership: Ensure the property is registered in your name in the Land and Mortgage Register.
Notarization: All property transactions must be notarized to be legally valid.
Tax Identification Number (NIP): As an individual, you may need a NIP for tax purposes, especially if you plan to rent or sell the property.
2. Building Permits and Renovations
If you plan to build, renovate, or modify a property, you must obtain the necessary permits:
Building Permit (Pozwolenie na Budowę): Required for new constructions, extensions, or significant alterations.
Notification of Construction Work: For minor renovations, a simple notification to the local authorities may suffice.
Energy Performance Certificate: Since 2021, all properties sold or rented must have an energy performance certificate.
3. Zoning and Land Use Regulations
Poland’s zoning laws (Miejscowy Plan Zagospodarowania Przestrzennego) dictate how land can be used. Individuals must:
Check the local zoning plan to ensure the intended use of the property is permitted.
Apply for a Change of Land Use Permit if the current zoning does not align with your plans.
4. Tax Compliance
Property ownership in Poland comes with tax obligations:
Property Tax (Podatek od Nieruchomości): Paid annually to the local municipality based on the property’s value and use.
Income Tax: If you rent out the property, rental income must be declared and taxed.
5. Environmental Regulations
For properties in environmentally sensitive areas, additional permits may be required:
Environmental Impact Assessment (EIA): Necessary for developments that could impact the environment.
Protected Area Permits: Required if the property is located in a national park, conservation area, or near a water source.