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Farmland up to 1 hectare and plots in the cities can be purchased by a non-farmer. The rest of the agricultural real estate, as before, will only be available to farmers – supposes the proposed amendment on the configuration of the agricultural system.
The amendment had been announced a year after the entry into force of the law on the suspension of the sale of the reserve of ownership of the Treasury (from April 2016). However, following many comments from various farm organizations, the project was released this week on the Government Legislation Center website. Its author is the Ministry of Agriculture.
During the consultation, it was pointed out the need to clarify certain provisions concerning in particular: obtaining authorization for the sale of real estate, as well as the relaxation of the regulations concerning the 39, acquisition of small agricultural parcels.
Hectar not only for farmers
The bill does not change the principle that the buyer of a property can only be a farmer, but introduces deviations from it. The new regulation allows the acquisition of non-agricultural farm plots up to 1 hectare (currently up to 0.3 hectare), as well as as part of an enforcement proceeding or a bankruptcy proceeding, as a result of the division of property after marriage, inheritance or as a result of the transformation of business.
In this case, the Director General of the National Center for Agricultural Support will not be required to obtain his consent for the purchase of the property, but KOWR will have the right of preemption of such property.
In addition, according to the project, it will be possible to purchase agricultural land located in the administrative areas of cities by non-farm landowners, indicated in the register as under-ponds, which represent at least 70 percent of the total land area. hundred. real estate or acquired from state resources as "allotment gardens".
The project expands the catalog of people to whom you can sell real estate – for siblings of parents and stepchildren.
With the agreement of the director of KOWR, the agricultural real estate will be able to buy universities for teaching purposes, as well as legal persons from state and local governments for public purposes.
The course of action and conditions that condition the consent of the KOWR Director to the purchase of real estate, among others, have been clarified. by specifying the requirements to be met by the application.
Sale of land easier
The project proposes to relax the provisions relating to the sale of purchased agricultural property. It states that the buyer of farmland will have to operate a farm for 5 years and not up to 10 years. It will be possible to dispose of these lands before the expiration of five years with the consent of the director of KOWR through an administrative decision and not by a court.
In addition, the authors of the project propose to modify the law on the property management of the State Treasury to enable KOWR to make investments in housing. This program should be complemented by the "Flat Plus" program, especially in rural areas.
As stated by the Ministry of Agriculture in the justification of the bill, the previous regulations, contrary to fears of opponents of these solutions, did not cause the "freeze" of land trade in Poland. In 2017, private trade between farmers amounted to about 57,500 people. transactions, and a year earlier, there were about 70,000 In addition, the introduced changes stabilized farmland prices, which rose rapidly until 2016 to reach 40,000 privately. PLN per ha In the second quarter of 2018, the price per hectare of land rose to 44,200 zł.
Most of the proposed regulations must be applied 14 days after publication.
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