On the website of the Agricultural Property Agency (www.gospodarstwopolska.pl), in the section “Frequently Asked Questions and Answers” in point 5 there is a reply, which directly refers to art. 2a sec. 4 UKUR:
If requested by the owner of the property sold, the buyer does not need to have agricultural qualifications and live 5 years in the municipality. He has to make a written statement, ie to make sure the proper conduct of farming activities, the credibility of which increases the confirmation by the Chamber of Agriculture.
For agricultural activity – according to Art. 2 sec. Act 2 of 15 November 1984 on agricultural tax – plant and animal production is considered (and this approach is also adopted by the Agriculture Act), and although the essence of crop production is harvesting, as a result of agricultural activity within the framework of plant production may arise / be kept on agricultural property also called. Grasslands, being agricultural land used for growing grass or other forage grasses – such land can be used as grazing grounds, or mowing the growing vegetation for silage, hay, dry mass. With help to implement the warranty can come, for example, the neighbor-farmer.
In the second statement, the buyer informs that he does not have more than 300 ha of land in total. If he has more then he must count on refusal. The ANR decides which, according to the Code of Administrative Procedure, has 1 month, and the cases are particularly complicated for 2 months.
In the absence of consent, the ANR must repurchase the property at market price.
Art. 2a sec. 6 UKUR provides that, in the absence of the consent referred to in paragraph 1, 4, the Agency, at the written request of the seller submitted within one month of the date on which the non-consent decision has become final, is obliged to submit a statement on the acquisition of agricultural land for the payment of a cash equivalent equivalent to its market value determined by the Agency using the methods of determining the value of the property foreseen in the regulations on real estate management.
In paragraph. 7 It is written that the Agency, within one month of receiving the request of the agricultural land seller, shall notify the Agency of the amount of the cash equivalent referred to in paragraph 1. 6, and in paragraph 8 Seller of agricultural property within one month from the date of receipt of the notification referred to in sec. 7, can:
1) request the court to determine the monetary market value of agricultural land purchased by the Agency, or
2) submit a written statement of withdrawal of the request for acquisition of this property by the Agency.
Sett. 9: In the case referred to in par. 8 point 1, the court determines the monetary equivalent of the market value of agricultural land using the methods of determining the value of real estate provided for in the real estate management regulations.
Considering that the average price per square meter of agricultural land under cultivation in Poland is PLN 4 (January 2017), it is difficult to suppose that the ANR might be interested in taking advantage of pre-emptive land rights that are useless and have little space and price. 86 zł / m2 (average offer price in Warmińsko-Mazurskie voivodeship by the Otodom portal, January 2017). It is also worth quoting ANR President, Dr. Waldemar Humięcki, who in a conversation with Gazeta Prawna dated March 14, 2017 stated that “by the end of the year (2016) – 6963 applications were received, of which 4778 were identified. 91% of all The decision was positive and only 1% negative. (…) The figures indicate that the agency – in spite of fears – does not abuse its powers at all … We are not a serious gendarme. which would have an impact on the improvement of the structure of the State Treasury’s agricultural land, so far, there are not many, only two. ”
An important issue is the issue of financing the purchase of agricultural land.
After April 30, 2016, banks stopped lending agricultural land. The reason for this state of affairs was art. 68a sec. 2a of the Mortgage and Mortgage Act. According to this provision, the sum of mortgages on agricultural property could not exceed its market value as of the date of the mortgage.
On 15.08.2016 Rp.pl, Tadeusz Białek from the Polish Banks Association stated that “the worldwide principle is that mortgages on property secure at least 150% credit value “.
Only the amendment of the aforementioned. The law of 6 July restored the old wording of the article. This means that the bank itself and the borrower are about to set the amount of the mortgage. It may therefore be higher than the parcel value.