In today's article from the series entitled "Tuesday Mornings for the Construction Industry", we would like to present to you the impact that the local spatial development plan (" MPZP ") has on the possibilities of trading in agricultural land, i.e. land designated for agricultural purposes in the land register.
First of all, it's important to emphasize that if a local spatial development plan (MPZP) is in effect in a given area, this local law defines the intended use of agricultural properties, determining their development and sale without any restrictions. If an agricultural plot is covered by the MPZP and designated for non-agricultural purposes, it can be developed and sold without restrictions. Otherwise, for land designated for agriculture within the MPZP, which would otherwise be used for projects with a different purpose, an amendment to the MPZP is necessary. Regardless of the MPZP, a decision from the district head may be required to exclude land from agricultural production and obtain a building permit.
To understand this issue in the context of real estate transactions, it is crucial to understand what agricultural real estate actually is. Pursuant to Article 2.1 of the Act of April 11, 2003, on Shaping the Agricultural System (" Agrément "), agricultural real estate should be understood as: agricultural real estate within the meaning of the Civil Code, excluding real estate located in areas designated in spatial development plans for non-agricultural purposes. In turn, Article 46.1 of the Civil Code states that agricultural real estate is real estate that is or may be used for agricultural production, including plant and animal production, including horticultural, fruit, and fish farming.
This means that the property will be exempt from the provisions of the Act on Curative Housing and Rural Development only when the entire property is designated for non-agricultural purposes in the local spatial development plan (MPZP). If only parts of the property, i.e., several plots included in a single land and mortgage register, are designated for non-agricultural purposes in the local spatial development plan (MPZP), the provisions of the Act on Curative Housing and Rural Development will apply to the property. It is worth noting that the Ministry of Agriculture and Rural Development, the National Support Center for Agriculture, and the National Notarial Council share this view.
Given the above, we note the status of real estate (understood as plots of land covered by a single land and mortgage register) whose land use designation in the MPZP is partially agricultural. In this regard, we draw attention to the joint position of the Ministry of Agriculture and Rural Development, the National Support Centre for Agriculture, and the National Notarial Council, according to which agricultural real estate exempt from the provisions of the Agricultural Property Act (UKR) includes, in addition to real estate entirely designated for non-agricultural purposes in the MPZP, also real estate entirely designated for non-agricultural purposes in the MPZP.
In conclusion, it should be emphasized that the impact of the local spatial development plan (MPZP) on agricultural properties depends on the intended use specified in the local spatial development plan. This means that the free disposal and development of agricultural properties will apply to agricultural properties that are entirely designated for non-agricultural purposes in the local spatial development plan, as well as properties that are entirely designated for equivalent, non-agricultural purposes in the local spatial development plan. Therefore, such properties will not be subject to the Land Management Act, and therefore their trade will be free from the restrictions introduced by this act.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of September 22, 2025.
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