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House ownership as a EU citizen



sobieskiThreads: 82
Posts: 1,140
Joined: Jun 1, 08 		  Jul 30, 08, 07:30 /  #
Our house in Łomianki reached the stage where the developer will (finally, because 3 months late) hand it over to us. I am Belgian, my wife is Polish.
We own a flat in Warsaw, I have pobyt & meldunek na stale.

There are two issues with the ownership from my non-Polish side. The house means I will own a second property. Polish laws tell that as EU citizen you need to be registered minimum 4 years in Poland to be allowed to own a second property. Thanks God this is the case and I have already all documentation to prove that.

A second hurdle I have heard from is that to be able to register a property on your name, and to have the notarial act on your common (as a couple) name, you need a meldunek na stale in the place you are building.
A Dutch friend of mine in Wrocław almost "lost" his new house because of this.
Now I am wondering:
1. Is a meldunek / pobyt na stale transferable from one Gmina to another one ?
Or can Łomianki refuse me that document?
2. Our house still will have to be finished after the transfer into our hands. So how can you get a meldunek/pobyt na stale when you do not live on that address
3. Can you have in this case a meldunek / pobyt na stale in two places?

The weird thing is that when my wife several years ago transfered half of the ownership (of what was on that moment her) of her flat to me, the notary did not ask that document, and nor did the court when we registered the notarial act.

So it is all very confusing to be honest :)
gaskThreads: -
Posts: 18
Joined: Sep 4, 08 		Edited by: Administrator   Oct 16, 08, 07:35 /  #
Hi, Sobieski, according to your questions:
1, 2 and 3. New Gmina can't refuse take maldunek / pobyt na stałe , but you have to finish your house first, and register that to office ( probable, I suppose : Powiatowy Inspektor Nadzoru Budowalnego Powiatu Warszawskiego Zachodniego - zawiadomienie o zakończeniu budowy ), next you have to get from Urząd Gminy Łomianki, number of your house ( numer porządkowy ) ?. By this time the address of your house does not exist, so you can’t get maldunek on this address.

My advice, try get the answer of Gmina Łomianki Office , if you could take number before you have finish house, and meldunek when you have only this number without registering the end of house building.

Best regards from Legionowo.
nierozumiemThreads: 13
Posts: 127
Joined: Jan 18, 08 		  Oct 17, 08, 01:11 /  #
Sobieski, I'm quite certan that you cannot have meldunek in two places at once, that would defeat the purpose of it. You should be able to transfer the Meldunek from one gmina to another, but as GASK pointed out, you don't have an address on the new house.

Regarding your share of your wife's flat - there are no restrictions on EU citizens purchasing flat's in Poland this is why you did not need to provide any documentation.

As of May 1 2009 you will be free to purchase a 2nd home without restriction, the same as with a flat. If all other avenues fail, perhaps you can delay purchase for 6 months, or just place the property in your wife's name for the time being and she can gift you the 50% share in May.
gaskThreads: -
Posts: 18
Joined: Sep 4, 08 		  Oct 18, 08, 02:33 /  #
sobieski:

EU citizen you need to be registered minimum 4 years in Poland to be allowed to own a second property

You are right, polish bill said "2a. Nie jest wymagane uzyskanie zezwolenia przez cudzoziemców, będących obywatelami państw członkowskich Europejskiego Obszaru Gospodarczego w okresach określonych w ust. 2, w przypadku:
(… )
2) nabycia drugiego domu:
a) jeżeli nabywca legalnie, nieprzerwanie zamieszkuje co najmniej 4 lata na terytorium Rzeczypospolitej Polskiej lub (... ) - ustawa z dnia 24 marca 1920 r. o nabywaniu nieruchomości przez cudzoziemców".
Excuse my for this just polish text above, work for your wife ? It means you need no permission for buying the house, even you buy first one not second house. Bill says house not flat.
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