In accordance with the Regulation of the Minister of Development, Labor, and Technology of July 27, 2021, on land and building records (consolidated text: Journal of Laws 2024, item 219), the following types of land are distinguished:
- Agricultural land: R – arable land, Ł – meadows, Ps – pastures, S – orchards, Br – developed agricultural land, Lzr – wooded and bushy land on agricultural areas, Wsr – land under ponds, W – land under ditches, N – wasteland.
- Forest land and wooded and bushy areas: Ls – forests, Lz – wooded and bushy land.
- Developed and urbanized land, in particular: B – residential areas, Ba – industrial areas, Bi – other developed areas, Bp – urbanized undeveloped land or land under construction, Bz – recreational areas.
The regulation defines urbanized undeveloped land or land under construction as land on which construction has begun but has not been completed, resulting in the exclusion of land from agricultural or forestry use (in accordance with the Act on the Protection of Agricultural and Forest Land).
This means that Bp land use is not considered agricultural land.
The status of agricultural property is determined by the type of land use indicated in the land and building records. In such cases, it is possible to divide the property into plots smaller than 3,000 square meters, and restrictions on the sale of such property are lifted.
However, the practices of district offices are not uniform. Some allow the reclassification of land due to construction, while others do not.
The argument against applying the provisions of the regulation to land conversion is that the regulation refers to construction law. As a result, construction should be preceded by a building notification or obtaining a building permit, and the construction must comply with the local zoning plan or a decision on land development conditions.
It is important to note that if Bp land use is only temporary and does not result in the permanent loss of the land’s agricultural designation, both the division decision and the sale of the property may be invalid. According to Article 9 of the Act on the Shaping of the Agricultural System, the acquisition of agricultural property in violation of the provisions of the Act is invalid, and the National Support Centre for Agriculture (KOWR) may file a lawsuit to declare this invalidity at any time.
Therefore, when using this “method” of land conversion, one must be aware of the far-reaching negative consequences for the owner, such as selling the property in violation of the provisions of the Act on the Shaping of the Agricultural System.
