Those planning to build and companies seeking investment land should now consider not only price and location, but also how a given municipality will handle the spatial planning reform. Agricultural land is of particular importance here.
In today's article from the "Lawyer on the Farm" series, we discuss the status of agricultural land classes I-III following changes to Poland's spatial planning system. The issue touches on very specific issues: the security of family savings, creditworthiness, construction start date, and the value of real estate, which is easy to buy on impulse but much more difficult to effectively "unlock" later.
Where the risk begins
Agricultural land classes I-III are subject to special protection under the Act of February 3, 1995, on the Protection of Agricultural and Forest Land. This Act requires the consent of the minister responsible for rural development to exclude such land from agricultural production, except when the plot is located within a development supplement area designated in the municipal general plan. The general plan is not an abstract document, but an act of local law that designates planning zones and determines whether a decision on development conditions can be issued for a given plot under the Act of March 27, 2003, on Spatial Planning and Development. In practice, this means that for Class III land, the mere issue of development on adjacent land is not sufficient – the key factor will be whether the land falls within the development supplement area.
What does this mean in practice?
In June, a law came into force extending the validity of existing municipal studies until August 31, 2026. This extended the transition period and gave local governments additional time to adopt general plans. This means that applications for development conditions submitted before the study expired will be considered under the current rules. However, after that date, a municipality without an adopted general plan will not be able to issue new development decisions or adopt local plans.
The most common mistakes made by potential investors are usually similar: purchasing an agricultural plot without checking the soil class and local law, relying solely on the seller's assurances, too superficially following the municipal BIP and failing to participate in public consultations, even though this is when future investment opportunities are formed.
How to act wisely
Today, a general plan is a real filter determining whether a Class III agricultural plot will retain investment potential or become difficult to use and sell. Therefore, it's worth acting before the problem is entrenched in a resolution: review the resolution initiating the preparation of a general plan, the draft, the justification, and the consultation dates published in the Public Information Bulletin (BIP), and then submit comments in due time – at this stage, you can still influence the shape of future arrangements.
In such a situation, the law firm can help sort out the matter from beginning to end: analyze the documents and the legal status of the property, assess the risk resulting from the class of land and the planned planning arrangements, prepare an action strategy, prepare letters and comments to the draft plan, monitor deadlines, conduct negotiations with the municipality or other participants in the proceedings, and, if necessary, represent the client before the authorities or the court, with a view to protecting rights and increasing the chances of a better result.
The sooner you take structured action regarding the general plan for a given municipality, the easier it is to prepare substantive comments, instead of rushing into action just before the deadline.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of July 1, 2026.
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