Table of Contents:
- WHAT IS A HOMESTEAD PLOT?
- WHO CAN BUILD A HOUSE ON A HOMESTEAD PLOT?
- MPZP OR BUILDING CONDITIONS DECISION?
- BUILDING PERMIT ON A HOMESTEAD PLOT.
WHAT IS A HOMESTEAD PLOT?
There is no uniform definition of the term “homestead plot.” Explanations are provided in case law:
- A homestead plot is land under buildings that belong to a farm. This type of development is referred to as farmstead development (homestead). (Resolution of the Supreme Court of December 15, 1969, file ref. no. IIICZP 12/69)
- A plot recognized as a homestead is agricultural land where construction related to farm operations is possible. (Judgment of the Supreme Administrative Court of February 2, 2016, I OSK 417/15)
- A homestead (homestead plot) is a private or secluded place where a residential house and farm buildings are located, and where the daily life of the farmer and their family is concentrated, meeting basic living needs. (Judgment of the Provincial Administrative Court in Wrocław of December 18, 2013, file ref. no. II SA/Wr 552/13)
WHO CAN BUILD A HOUSE ON A HOMESTEAD PLOT?
A house on a homestead plot can primarily be built by a farmer because the homestead plot is part of agricultural land. However, the farmer must comply with the MPZP (Local Spatial Development Plan) or a building conditions decision.
It should be noted that a farmer is:
- A natural person who owns, has perpetual usufruct, independent possession, or leases agricultural land with a total area of up to 300 hectares.
- Additionally, they must have agricultural qualifications and have lived for at least 5 years in the municipality where one of the agricultural properties forming the farm is located, personally managing the farm during this period.
Non-farmers can also build a house on a homestead plot, but they must first convert the plot for non-agricultural use.
MPZP OR BUILDING CONDITIONS DECISION?
If an MPZP has been established for the area where the homestead plot is located, the determining factor is whether the plan designates the land strictly for agricultural purposes or not.
- If the MPZP designates the plot for agricultural purposes, the landowner can apply for a plan amendment. Such an amendment is easier for lower-class land and more challenging for Class I-III land, where the land designation may require approval by the Minister of Agriculture.
- If there is no MPZP, steps must be taken to obtain a building conditions decision.
BUILDING PERMIT ON A HOMESTEAD PLOT
A decision under the MPZP to designate agricultural land for non-agricultural purposes or obtaining a building conditions decision is a prerequisite for obtaining a decision on exclusion from agricultural production, which is issued by the county office.
The process of converting the plot for non-agricultural purposes can be quite complex, and the necessary steps depend on the specific case.
