Agricultural property and residential purposes in Poland

6 listopada, 2023 Katarzyna Płowens 0 Komentarze

In practice, there is a specific inconsistency in the purpose of real estate in the administrative area.

For example, according to the local development plan, the property is intended for single-family or multi-family housing, while in the land and building register the property is listed as high-class agricultural land (IIIa, IIIb, etc.)

Clients who usually aim to build a house on their own land or sell real estate come to me with this situation.

It is worth pointing out that in Poland, agricultural land is subject to broad protection under the provisions of the Act of February 3, 1995 on the protection of agricultural and forest land. This protection consists, among other things, in limiting their use for non-agricultural or non-forest purposes. The purpose of the property may be changed in the local development plan. The local development plan as an act of local law constitutes the basis for issuing administrative decisions and shapes the manner of exercising the ownership right to real estate.

The above means that the provisions regarding the purpose of real estate included in the local development plan are superior to the purpose of real estate in the land and building register. For the property owner, however, this does not mean a straight path to starting construction of a house. The condition for issuing a building permit is to obtain a decision to exclude the land from agricultural production pursuant to Art. 11 of the Act mentioned at the beginning.

If you have any doubts about the purpose and possible development of your property or the lack of a local plan, it is worth seeking help from a lawyer.

Katarzyna Plowens