Who Can Buy Agricultural Land

The purchase of agricultural land in Poland is governed by a set of legal regulations designed to protect agricultural resources and ensure that farmland remains in the hands of individuals or entities who will use it according to its intended purpose.

This article outlines who is eligible to purchase agricultural land, what restrictions apply, and what formalities must be completed for such a transaction.

1. The Act on Shaping the Agricultural System

The primary legal framework regulating the purchase of agricultural land is the Act of April 11, 2003, on Shaping the Agricultural System. According to this law, the following entities may purchase agricultural land:

  1. Individuals: People with agricultural qualifications (education or experience in running a farm) are eligible to buy agricultural land. The buyer is typically required to own or lease another agricultural plot.
  2. Legal Entities: Companies and other legal entities engaged in agricultural activities may also purchase agricultural land. Their operations must comply with the law and the nature of the land.

2. Restrictions on Purchasing Agricultural Land

The Act on Shaping the Agricultural System also introduces certain restrictions on the purchase of agricultural land:

  1. Consent of the National Agricultural Support Center (KOWR): Buyers who are not individual farmers must obtain consent from KOWR when purchasing plots larger than 1 hectare. This ensures that agricultural land is managed in the public interest.
  2. Land Area Limits: The law imposes limits on the maximum area of land that a single entity can acquire. Buyers, whether individuals or legal entities, must adhere to these limits.

3. The Right of Preemption

The right of preemption is another important aspect of purchasing agricultural land. According to the Act, when selling agricultural land larger than 0.3 hectares, the National Agricultural Support Center (KOWR) has the right of preemption.

This means that before finalizing a sale, the owner must notify KOWR of their intent to sell and provide the transaction details. KOWR may exercise its right of preemption, which gives it priority in purchasing the land over other potential buyers. This mechanism ensures that farmland remains in the hands of those who will use it in accordance with its agricultural purpose.

4. Formalities for Purchasing Agricultural Land

Purchasing agricultural land involves several steps and formalities:

  1. Obtaining KOWR Consent: Buyers must submit an application for consent to purchase agricultural land, which is the first step in the process.
  2. Verifying the Legal Status of the Land: It is crucial to conduct a thorough legal review of the property to ensure it is free from encumbrances such as mortgages or other liabilities.
  3. Drafting a Notarial Deed: The transaction is finalized with a notarial deed, which is necessary to transfer ownership of the land.

Summary

The purchase of agricultural land in Poland is a process strictly regulated by detailed legal provisions aimed at protecting agricultural resources. Individuals and entities interested in buying agricultural property are encouraged to contact us for further information and professional assistance.