Converting an agricultural plot into a construction plotis a more and more frequently practiced way to obtain cheaper land for building a house. An agricultural plot can be even twice cheaper than a building plot! First, however, you will have to complete a number of formalities and be patient, because the entire process may take a while. Seehow much does it cost to convert an agricultural plot into a construction one , what formalities must be completed and how long it may take. Here is a step-by-step guidehow to transform an agricultural plot into a construction plot
Converting an agricultural plot into a construction plot - there is a long way from the purchase of an agricultural plot to its conversion to a construction plot
Why is it now easier to convert an agricultural plot into a building plot?
Along with the amendment to the Act on shaping the agricultural system (Journal of Laws No. 110, item 725), of July 8, 2010agricultural land has become easier to tradeThis is good news for everyone not related to agriculture, but interestedacquisition of agricultural plots in order to convert them into building plots
"Until now, the Agricultural Property Agency (ANR) had the pre-emptive right to buy all agricultural properties, regardless of their size - even those below 1 ha. It did not only apply to transactions between farmers. In 2009, according to data, APA used this privilege only 16 times out of 592,000.
- Now, thanks to the amendment, the APA retains the pre-emption right, but only in relation to agricultural land exceeding 5 ha. In practice, this means thatwe can buy land up to 5 ha without the need to conclude a preliminary contract and we do not have to have the Agency&39;s approval This visibly reduces the formalities and saves the buyer time and money - explains Wojciech Rutowicz, project manager from ES Polska. This is good news for people who think aboutbuying an agricultural plot and transforming it into a construction plot "
Before you buy an agricultural plot, check the spatial development plan
Before purchasing the selected plot, carefully check all information about itin the Commune Office. The most important thing is the spatial development plan, it is an act of local law that specifies the scope of the plot. If the commune does not have an up-to-date development plan, the matter becomes more complicated and the risk of a wrong investment increases. Mainly because we do not know what the purpose of the plot will be in the future, it may turn out, for example, that it cannot be built on it. There is also a risk that a bypass or high-voltage lines will run nearby.
In the absence of a spatial development plan, you must apply for a zoning decision The application is submitted to the commune head, mayor or city president. According to the regulations, the plot must meet certain standards: direct access to a public road, the ability to connect the building to the media, i.e. water supply, sewage, gas and electricity networks.
Another condition is the so-called good neighborhood, it means thatthe plot located in the immediate vicinity must be developed or the building conditions have already been issued for itA neighboring plot - within the meaning of the regulations, is one that has a common border with the land that we plan to purchase. If this is not the case - we will not get the building conditions, and thus the building permit!
Converting an agricultural plot into a construction plot requires many formalities
How to transform an agricultural plot into a construction plot?
"In order to build a house on agricultural land, first of all, we need to ungroup the plot. And we can de-agriculture only when there is a spatial development plan. Diversification consists in changing the purpose of the plot from agricultural to construction one , in the local spatial development plan. In order to de-agricultural the land,you need to submit an application for the change of land useRemember that the application is complete and includes precise determination of the plot location. The purpose for which the plot is to be intended should also be described, e.g. single-family, multi-family, service housing. The letter is addressed to the commune head, mayor or city president, and its examination is free of charge.
The downside is, however, that there is no strictly defined deadline by which the commune is obliged to consider the application and take into account changes in the spatial development plan.If someone wants to build a house quickly, it is not a good idea to convert an agricultural plot into a building plot. says Wojciech Rutowicz. Since January 2009, agricultural land of all classes, located within the city&39;s administrative boundaries, has been de-farmed by law. Similarly, under the amendment to the Act on the Protection of Agricultural and Forest Land, the simplified procedure covers land in rural areas, but only classes IV to VI. In other cases, an application is required. "
Exclusion of land from agricultural production
Once the commune agrees to de-agriculture, the next step is to apply to the Department of Geodesy or Real Estate Management of the poviat starosty oexclusion of land from agricultural productionThis applies to land of good quality class from I to III, the land of poor quality does not require exclusion. For this purpose, it is necessary to get acquainted with the soil science classification of land, in which the valuation class of agricultural use is expressed. Remember thatto the application for exclusion of land from agricultural production should be attached :
- a document confirming the ownership title (notarial deed or an excerpt from the land and mortgage register),
- extract from the land development plan,
- an excerpt from the land register with a copy of the cadastral map,
- a map with a plot plan with a plan for its development and marking the area that should be excluded from agricultural production and the balance of the area.
Only after receiving a positive decision, you can apply for a building permit.
How much does it cost to convert an agricultural plot into a construction plot?
Along with the conversion of land from agricultural to construction, we will have to pay a feeUsually, the change in the use of agricultural land for non-agricultural purposes in the local development plan is associated with an increase in the value of a given plot . In this situationthe commune may demand the so-called planning feeThe amount of such a fee should be specified in the development plan, however, it cannot exceed 30% of the increase in the value of the property.
Exclusion of land from agricultural production for single-family housingis free of charge only in the case of the allocation of land with an area of up to 500 m². Otherwise, the fee will be determined individually and will depend on the soil class on the plot of land and its area. In addition to the one-time feefor the permanent exclusion of land from agricultural production, annual fees must also be paid
Habitat housing - easier option
This solution is intended mainly for farmers, becausehabitat development is related to running a farmHabitat development may include a residential building and farm buildings. If you do not meet the statutory requirements for being a farmer, after you have acquired such land, you must agricultural it to build a house. In this case, before we sign a preliminary contract with the farmer, he should obtain zoning conditions. The farmer then applies for a building permit.
