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Can a house be built on an agricultural plot?
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Agricultural plots are distinguished by a lower price compared to building plots. However, the right to build on this type of plot imposes considerable restrictions. For this reason, the purchase of an agricultural plot should be considered in detail by the investor. Is it possible to build a house on an agricultural plot? We explain!
A house on an agricultural plot – who can build it?
Agricultural plots are land that is or potentially can be used for growing plants or raising animals. Can a house be built on an agricultural plot? Yes, but not everyone has the right to build on an agricultural plot. Individual farmers have such a possibility, provided that they commit to running a farm.
The construction of a house by a farmer is perceived as an object necessary to run a farm. However, there are some limitations here as well. The area of the entire farm cannot exceed 300 hectares. A farmer who wants to build on an agricultural plot must have qualifications to run a farm (education in agriculture or at least five years of running a farm or working on a farm) and have lived in a given commune for at least five years. There is no obligation to do all the work yourself, but it is required to make decisions related to agricultural activities. In this case, the agricultural plot does not change its character after the house is built – it will still remain agricultural land. An agricultural plot with the facilities built on it is referred to as a habitat.
People who are not farmers and do not intend to run a farm may have problems with obtaining the right to build a house on an agricultural plot that does not have the status of a building plot. They have to go through a more complicated procedure. In addition, not every plot can be de-farmed. In addition, the tenant and the Agricultural Property Agency have the right of pre-emption of an agricultural plot, unless the land is purchased by a person close to the seller, a local government unit or the State Treasury.
De-farming of the plot
If we are not a farmer and want to build a house on an agricultural plot, it is necessary to de-farm the plot. The de-farming of the plot is carried out by the municipality, changing the use of the land from agricultural to non-agricultural in the spatial development plan. However, the formalities do not end there. The starost must issue a decision on the exclusion of the area from agricultural production. If the plot is not covered by the local spatial development plan, we must apply for a decision on development conditions, and then – a decision on exclusion from agricultural production. Application documents for the issuance of a decision on the exclusion of a plot from agricultural production are submitted to the Department of Geodesy or Real Estate Management of the office competent for the commune in which the plot is located. The procedure is not easy due to the fact that the plot must meet several conditions, m.in. it cannot be located on fertile land and must have access to a road. In addition, it is associated with costs. Before buying, it is therefore worth checking whether the plot is covered by the local development plan.
If the agricultural plot we are going to buy does not have a zoning plan, and we want to build a house quickly, we recommend looking for another plot of land in the first place, or at least with a limited class of land, which has a greater chance of obtaining a positive decision on de-farming. In this matter, it is worth relying on a specialist who will find information about the applicable local plan, prepare a reliable description of the properties we are interested in and accurately assess the risk of the investment, as well as check what house can be built on the indicated agricultural plot.