In previous articles in the series "Tuesday Mornings for Construction," we've already discussed property divisions based on whether or not a local plan exists. Today, we're moving on to a topic that often raises the most questions in practice: the division of agricultural property, which is regulated differently regardless of the local plan.
First of all, in the case of agricultural land, it must be determined whether the provisions of the Real Estate Management Act (hereinafter referred to as the "UGN") regarding divisions apply at all, or whether the division will be of a purely geodetic nature, disclosed only in the land register.
Pursuant to Article 92, paragraph 2 of the Land and Mortgage Act, real estate used for agricultural and forestry purposes is considered to be real estate listed in the real estate cadastre as agricultural land or forest land, as well as wooded and bushy land, as well as mining land, wasteland and roads included in agricultural real estate, if no development and land management conditions have been established for them.
Of fundamental importance here is Article 92 of the Land Use and Management Act, which states that, as a general rule, the provisions of this act do not apply to real estate located in areas designated for agricultural and forestry purposes in local plans, and in the absence of a plan, to real estate used for agricultural and forestry purposes. However, there are many exceptions to this rule, which we will discuss below.
The biggest practical problem arises when the division of agricultural property is intended to result in the creation of plots smaller than 0.3 hectares. In such a situation, the provisions of the Agricultural Property Management Act come into play, and the authority will examine the permissibility of such a division. Therefore, it cannot be automatically assumed that every agricultural plot can be divided into small plots "for future development." This exception is directly linked to the Act on Shaping the Agricultural System, which regulates the sale of agricultural properties with areas equal to or larger than 0.3 hectares.
The second important exception concerns the separation of roads. If the division of agricultural property leads to the creation of new roads that are not merely necessary access roads to the properties constituting agricultural holdings, the obligation to apply the UGN procedure may also arise.
In practice, this means that, with agricultural properties, determining the purpose of the division is crucial. The division of a large agricultural plot for the purpose of running a farm is assessed differently than a division that is actually intended to prepare the land for sale as small investment or recreational plots.
It's also important to consider the relationship between the agricultural status of land and its intended use. The mere fact that a plot is designated as agricultural in the land registry doesn't mean everything. The local zoning plan, actual land use, soil class, access to a public road, the ability to obtain a planning permission, and regulations restricting the sale of agricultural properties can all play a role.
A common mistake is to assume that geodetic division automatically creates building plots. This is not the case. A plot may be designated as a separate cadastral plot, but this does not mean that it can be developed with a house or sold without restrictions. Planning and construction regulations determine development options, and, as mentioned above, regulations governing the development of agricultural land also govern the sale of agricultural land.
Access to a public road can also be problematic. In larger agricultural subdivisions, owners often plan to create a dedicated internal road. However, it's important to verify whether such a layout is permissible, whether it provides realistic access, and whether it will require a full subdivision procedure.
Property divisions also require detailed analysis, even though at first glance they seem obvious, for example, because they consist of 80% non-agricultural land. In practice, however, even if a small portion of a plot is agricultural, the entire division procedure must take this fact into account.
In summary: dividing agricultural property isn't always a straightforward technical process. It's important to determine whether the provisions of the Real Estate Management Act are being applied, whether the division will not result in the division of plots smaller than 0.3 hectares, whether it will involve the creation of new roads, and whether the newly created plots will be realistically usable for their intended purpose. In the case of agricultural land, it's particularly important not to confuse geodetic division with the possibility of developing or freely selling the plots.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of July 13, 2026.
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