In today's article from the "Lawyer on the Farm" series, we want to present the key provisions of the act signed by the President of the Republic of Poland on March 10, 2026, publicly referred to as the act strengthening the protection of Polish agriculture. Because the new regulations apply to individual farmers, leaseholders, entrepreneurs, and entities interested in purchasing land from the State Treasury's Agricultural Property Resource, it is worth discussing them in greater detail and from a practical perspective.
It should be noted at the outset that the primary solution adopted by the legislature is to extend the suspension period for the sale of agricultural properties, parts thereof, and co-ownership shares of properties included in the State Treasury's Agricultural Property Resource by another 10 years. This means that, in principle, state-owned agricultural land will remain excluded from sale until April 30, 2036. The legislature justifies this change by the need to protect family farms, limit speculative land transactions, and prevent land acquisition by foreign entities or entities not actually involved in agricultural activities.
It is important to emphasize that this solution does not operate in isolation from the existing agricultural law system. The amendment is consistent with the logic of the Act of 14 April 2016 on the suspension of the sale of real estate belonging to the State Treasury's Agricultural Property Resource, as well as with the broader rules arising from the Act of 11 April 2003 on the development of the agricultural system. In practice, this means maintaining the model in which state-owned land is primarily intended for agricultural activities and the expansion of family farms, rather than being a regular commodity.
Leasing is still the basic form of management
Of particular significance is the fact that the new regulations confirm the current direction of the state's agricultural policy, according to which lease will remain the primary form of management for land from the Resource. KOWR announcements clearly indicate that this solution meets the demands of the agricultural community, which indicated that using state land without the need to purchase it allows farms to develop without incurring very high acquisition costs.
This isn't just a theoretical issue. For many farmers and tenants, this means that instead of planning to buy out a property they've used for years, they will have to continue to base their business strategy on maintaining or renegotiating the lease. From a financial security perspective, this can be beneficial, as funds can be allocated to investments, equipment, production modernization, or improving the farm's liquidity, rather than to land purchases themselves.
It is worth noting that, in accordance with Article 24, Section 1 of the Act on the Management of Agricultural Property of the State Treasury, the National Support Centre for Agriculture manages the Resource primarily through lease or sale. This means that lease is not a makeshift solution, but one of the basic instruments of the state's policy towards agricultural land.
Exceptions to the sales ban
At the same time, it should be noted that the legislature did not maintain the sales ban in an absolute manner. Exceptions are still provided for, and one of them has just been expanded.
The most significant change concerns small-scale agricultural properties. Previously, properties up to 2 hectares were exempt from the ban, but the amendment increases this limit to 5 hectares. Public announcements indicate that this change is intended to improve the management of the Resource and expedite the allocation of smaller plots, particularly for individual farmers who want to develop their farms without years of administrative procedures.
Furthermore, the ban does not apply to properties designated for non-agricultural purposes in the local development plan, the final decision on development conditions, or the general municipal plan. Examples cited publicly include technology parks, business and logistics centers, transportation investments, residential construction, and sports and recreation facilities. Properties located within special economic zones, as well as certain houses, apartments, outbuildings, and garages, along with the necessary land, are also exempt from the ban.
It's at this stage that most practical errors occur. Simply believing a property is potentially suitable for investment doesn't guarantee its free acquisition. The key factor is the formal designation of the land, as reflected in the relevant planning documents, not the buyer's economic intention alone.
What does this mean in practice?
The new regulations will have very different consequences for different groups of market participants. For individual farmers, they may mean easier acquisition of smaller plots from the Property Stock, but at the same time, restrictions on the purchase of larger properties will remain. For leaseholders, this signals that long-term planning should continue to be based primarily on the durability of the lease, rather than on the assumption that purchase will be a natural and quick next step.
For investors and entrepreneurs, the Act requires a thorough examination of the legal status of a property before engaging in business negotiations. If the land belongs to the Property Resource, it is crucial to determine whether it actually falls within the statutory exception to the sale ban. Otherwise, negotiations, financial analyses, and investment preparations may be dragged on for months, even though the sale itself is legally inadmissible.
Two typical scenarios can be identified. In the first, a farmer has been leasing land from the National Support Center for Agriculture for years and assumes that after the previous protection period expires, he or she will purchase the land outright. However, after the amendment, the farmer must revise the entire farm development plan, as the general ban on sales remains in effect until 2036.
In the second case, the entrepreneur finds attractive land belonging to the Resource and treats it as a potential investment site, but only a planning analysis shows that the property is still agricultural in nature, and therefore trading in it is subject to statutory restrictions.
Scope of the law firm's assistance
In such matters, it's not only knowledge of the regulations that matters, but above all, their correct application to the specific property and client's specific purpose. Our law firm assists in analyzing land-related documents, assessing the property's intended use, and determining whether a given case qualifies for an exception to the sale ban or whether further leases are feasible. We also assist in preparing letters, applications, and statements submitted to the National Agricultural Support Center (KOWR), securing deadlines, reviewing draft contracts, and representing clients in administrative and civil disputes related to agricultural real estate transactions.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of March 18, 2026.
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