How to quickly de-agriculturize a building plot?

The research carried out in the district offices shows that more and more investors, after the construction has already started, are applying for a change in the classification of land from agricultural use (marked on plans and maps as "R") to urbanized undeveloped areas (marked as "Bp"). Urbanized undeveloped areas are not limited by the prohibitions of the act on shaping the agricultural system. But does this patent really work and does it not entail any undesirable effects?

In accordance with the regulation

The Regulation of the Minister of Development, Labor and Technology of July 27, 2021 on the land and building register (Journal of Laws of 2024, item 219) states that urbanized undeveloped areas are lands on which construction has been started but not completed, resulting in the exclusion of land from agricultural or forest production. The Bp area is no longer included in agricultural land.

There is therefore a belief that a plot reclassified as Bp during construction ceases to be agricultural land. As we read on the Prawo.pl portal, experts warn against taking such a step, because it can have very unpleasant consequences. Why?

How to de-agriculturize an agricultural plot and how much does it cost?

Shortcut

"Quick de-agriculturalization" is supposed to work mainly in the case of land of class IV or lower, but it all depends on the approach of the starosty. The investor applies for development conditions, preferably for settlement development. Then the construction officially begins – all that is needed is to make the first entry in the construction log. And immediately afterwards he goes to the starosty to change the classification of the land from agricultural use R to urbanized undeveloped areas Bp.

Many starosty offices agree to reclassification without creating any obstacles, after all, it concerns land from class IV down. Land that is no longer agricultural can be divided into plots smaller than 3 thousand square meters and sold, or the plans can be changed and developed completely differently.

Transitional state, not factual

Investors believe that in this way they cleverly bypassed the restrictions resulting from the act on shaping the agricultural system and shortened the official procedure. According to experts whose opinions are cited by the Prawo.pl service, such bypassing of the regulations may, however, cost the land owner dearly in the future.

Firstly, because such reclassification may be considered ineffective in the future. The starosty offices take a rather arbitrary approach to this matter, because they take the position that "Bp" is a temporary, transitional state in connection with the intended investment, while the basis for land classification remains the original agricultural use "R".

Act before regulation

Secondly, because the same aforementioned Regulation of the Minister of Development, Labour and Technology of 27 July 2021 specifies that when determining the boundaries of urbanised undeveloped areas, the relevant office should first take into account land-related decisions issued under the Act on the Protection of Agricultural and Forest Land.

This mainly concerns the consent to exclude land from agricultural production, which according to the law should precede the change of land classification. The competent body must also check any decisions to impose a penalty for illegal exclusion of land from agricultural production.

A field is a field

The National Support Centre for Agriculture points out that the fact of a different designation of use does not determine whether a given plot is subject to the provisions of the Act on the shaping of the agricultural system (AAR).

If at the time of acquisition the property was subject to the provisions of the Act, these restrictions do not automatically disappear at the time of reclassification of the plot.

Ineffective de-agriculturalization

Lawyers on Prawo.pl also emphasize that the regulation on land records refers to the Construction Law, which clearly states that preparatory work for construction may only be performed on the area covered by a building permit or notification. This means that a potential investor should first carry out the process of de-agriculturalizing agricultural land.

Construction law therefore determines the ineffectiveness of the described method for rapid land de-agriculturalization. This means that the property owner will be in a losing position in the event of official or neighborly disputes.