Purchase of an agricultural land in Poland

From 1 May 2016, foreigners can purchase agricultural land in Poland without a special permission. According to the law, the land will be available to buy only to those who will cultivate it and only if they have been registered in the municipality or neighboring municipality for 5 years. In addition, the law provides for the control of funds allocated to purchase the land. It also formulates the requirements for professional qualifications that must be met by the buyer of the land.

The law provides that, in principle, only individual farmers may be purchase an agricultural property. The exception is, among others, the acquisition of a land by persons related to the seller, local government units, the State Treasury, churches and religious associations. In the case of other entities, the sale of land will have to be confirmed by the consent of the President Agricultural Property Agency. Acquisition of real estate will be permanently linked to the requirement of personal farming and the ban on the sale and lease of purchased land for 10 years. Only in the case of exceptional events consent to sell the land before this deadline could be issued by a court.

The law also aims to prevent land fragmentation between too many owners, for example by inheriting by all the heirs.

New real estate rules do not apply to land acquisition as a result of inheritance, court order, or by enforcement. Restrictions will also not apply to the sale of private agricultural plots up to 0.3 hectares. Similarly, in the case of habitats - up to 0.5 hectares.

The law is also intended to counter the concentration of land in the hands of one owner and the formation of large agricultural areas. That is why, among other, the law provdes that banning the purchase of land for individuals and companies with a total of over 300 hectares and a 10-year ban on land transactions purchased from state resources under the penalty of high penalties.

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