Change of status of agricultural land

A change of status is the conversion of one type of area to another. Such can be a change of status from an office to a dwelling, from agricultural land to a regulated plot, from a studio to a dwelling, etc. In this article we will focus on the change of status of agricultural land.

When does the status of agricultural land change

The legislator allows the change of the designation of agricultural land in one of the following cases:

• when it concerns the construction of new or extension of the construction boundaries of a settlement or a settlement entity;
• when it concerns the construction of technical infrastructure objects within the meaning of the Spatial Development Act (Spatial Development Act);
• where it is necessary to create or extend the boundaries of a regulated land plot outside the construction boundaries of an existing settlement or settlement formation.

Buildings directly related to cultivation activities may be constructed on agricultural land without changing its purpose. In all other cases, however, its status must be changed before construction can proceed.

Procedure for change of use of agricultural land

The procedure for changing the use of agricultural land begins with an application to the mayor of the municipality in which the property is located for permission to draw up a detailed development plan (DDP) for the property. Each municipality requires different documents to be attached to the application, but in general they are as follows:

• Ownership document – deed, purchase contract or court decision;
• Certificate of heirs/ if necessary/;
• Sketch from the municipal office of “Agriculture and Forestry” /if the property is agricultural land/, situational sketch or cadastral map /if the property is in a settlement without a plan/;
• Letters of agreement from the electricity distribution company and the water supply company
• Protocol from the Municipal Road Department and Traffic Police at the Regional Road Department, if the property is adjacent to a road of the national road network;
• Assignment according to Article 125 of the Land Use Act;
• List of names, addresses and, if possible, telephone numbers of all interested owners;
• Opinion of the Regional Inspectorate for Environmental Protection;
• Receipt for paid fee.
• The time limit for the issuance of a decision of the municipal council for the admission to the elaboration of the development plan is one month.

If the area of the property is up to 50 acres, from the fifth to the tenth category or is not irrigated and the land is in the settlements of the territory of the relevant district, after you receive the order for admission to the elaboration of the PDP, you must submit all the documents to the District Directorate of Agriculture and Forests for the designation and approval of sites for construction.

For properties of more than 50 acres, for agricultural land of the first to fourth category or irrigated land, in the cases referred to in Article 19 and where the land is in the lands of the settlements of more than one district, the files shall be submitted to the Commission for Agricultural Land established under the Ministry of Agriculture and Forestry. This applies to the change of land use for the construction of energy facilities regardless of the area of the property.

The construction and/or extension of facilities for the production of electricity from renewable energy sources using photovoltaic (solar) systems, except in cases where the production of electricity is used for own needs, is allowed on non-arable agricultural land of the seventh to tenth category or uncategorisable.

Complete two sets of documents – one original and the other copy.

The documents to be submitted to the Regional Directorate of Agriculture or the Ministry of Agriculture and Food must include:

• Proposal from the owner for approval of a site or route for the construction of a facility on agricultural land – free text;
• A current sketch of the property;
• Certificate of irrigability of the land;
• A land categorization certificate;
• Opinion from the RHI;
• Opinion from the Regional Environmental Protection Agency;
• Draft Master Plan / Detailed Development Plan / and explanatory note.
• Decision to allow the preparation of a master plan for the property;
• Ownership document;
• Power of attorney where the person submitting the documents is not the owner;
• Current status if the owner is a company;
• A certificate under Article 17 of the FMA, if the property is in land adjacent to the shoreline.
• Water and electricity supply diagrams for the property

Once the Article 17 Commission approves a site for the property, the file shall be returned to the municipality to obtain the Mayor’s order approving the SMP.

Revocation of the decision to change the status

It may become void in a number of cases:

• if the relevant fee has not been paid within three months of the decision to change the status;
• if, within 3 years after the decision has come into force, the procedure for granting planning permission on the site has not yet been set in motion;
• if construction has not started within 6 years;
• if within 1 year after the entry into force of the development plan there is no request for a change of status.

In the event of revocation of the decision to change the use of the land for state or municipal purposes, the owner shall be paid compensation by the state or municipality for the damage caused and the loss of benefits.

In the event of revocation of the decision to change the land use, the state fee paid shall not be refunded.

In case of change of the designation of agricultural land on the territory of the Capital City Municipality, no site shall be approved. The documents shall be reviewed by the Agricultural Land Commission after the approval of the PDP.

In order to change the status of the land, transportation access must be provided by a permanently paved road, power supply, water supply, sewage collection or disposal. If there is no electricity or water supply to the plot, schemes for water and electricity supply shall be prepared. For sites for which transport access is via agricultural roads and activities involving the use of transport machinery with dimensions or other technical characteristics other than those provided for agricultural roads are envisaged, the change of use of the land for the road shall be carried out in accordance with the general procedure at the same time as the main site.

The information in this article is not legal advice and please contact a solicitor for up to date information.