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New law on dealings with agricultural property in Poland

Poland: Even after lapse of an interim period in May 2016, EU citizens will not enjoy unfettered freedom to deal in agricultural real estate in Poland

On 5 August 2015 the Polish Parliament (Sejm) adopted a law on dealings in agricultural property. The new law introduces generally applicable limitations on dealings in agricultural real estate. These will be binding as of the beginning of 2016 even for EU citizens. In particular, the statutory pre-emption right to agricultural real estate will be enjoyed by some additional entities (apart from the Agricultural Property Agency – also leaseholders and owners of neighbouring plots, if they are farmers). Another novelty is a new type of permit, which in future will be mandatory for partitioning and selling real estate comprising an agricultural household (farm). Unrestricted dealing in real property will be possible only between independent farmers. To be recognized as an independent farmer will involve a requirement to meet the statutory criteria: proper professional qualifications, a history of independently running a farm not larger than 300 hectares, plus five years’ domicile within the local community where one of the items of real estate, comprising a farm, is located.

 

Source: Law of 05.08.2015 on agricultural property conditions