Buying Agricultural Land in Poland: Restrictions and the KOWR Pre-emption Right

This guide is general legal information, not legal advice. How the rules apply depends on your individual circumstances, and the matter should be assessed by a qualified Polish lawyer. Twoja Sprawa helps you organise the documents for that assessment.

Thinking about buying a farm, a plot of farmland, or agricultural land in Poland? Be careful — buying agricultural land isn't as straightforward as buying a flat in the city. The 2003 Act on Shaping the Agricultural System restricts who can buy farmland. KOWR (the National Agricultural Support Centre — Krajowy Ośrodek Wsparcia Rolnictwa, Poland's state agricultural authority) holds a statutory pre-emption right, meaning it can step in and buy the property ahead of you. This article explains the restrictions, who is eligible to buy farmland, and what you need to do to get a deal over the line.

The legal basis — the Act of 11 April 2003 on Shaping the Agricultural System

This Act (amended in 2016 and 2019) governs who may buy agricultural land in Poland. Its core purpose is protecting Polish farmland from being bought up by foreign or speculative buyers.

Key provisions: - Article 2a — who is restricted from buying agricultural land - Article 2b — KOWR's pre-emption right - Articles 3–4 — exemptions (farmers, close relatives, local government bodies)

Restrictions — who CANNOT buy agricultural land without consent

Generally, you cannot buy agricultural land (plots over 1 hectare with agricultural designation) if:

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  1. You are a foreign national (not a Polish citizen and not a citizen of another EU member state with full rights),
  2. You are an individual working abroad — including Poles based in the UK — buying farmland normally requires the involvement of a Polish farmer,
  3. You are a foreign company, or a company with more than 10% foreign ownership,
  4. You are Polish but not a farmer — in that case you need KOWR's consent.

⚠️ Note for Poles in the UK: If you hold Polish citizenship but live and work in the UK, you can, in theory, still buy — but KOWR may apply to the court for consent to be withheld or made conditional. This adds a further layer of complexity to the process.

Who CAN buy without restrictions

The following categories can buy freely:

  1. Individual farmers — people who: - hold Polish (or other EU) citizenship, - own or lease at least 1 hectare of agricultural land already, - personally run the farming business, - have the relevant professional experience and qualifications,

  2. Close relatives of a deceased owner — direct heirs (no restrictions apply),

  3. Local government bodies (municipalities, counties),

  4. The State Treasury,

  5. Churches and religious organisations (subject to certain conditions).

KOWR — the National Agricultural Support Centre

KOWR is the state body that oversees Poland's agricultural land market. It holds a statutory pre-emption right (Article 2b of the Act).

What this means in practice, if you want to buy farmland: 1. The seller must notify KOWR within 7 days of signing the sale agreement, 2. KOWR then has 3 months to decide whether it wants to buy the property itself, at the same price agreed in your contract, 3. If KOWR exercises its right — you lose the property (KOWR steps into the deal in your place).

⚠️ In practice: for forestry land or larger farms, KOWR exercises its pre-emption right in the great majority of cases. For small plots it does so less often — but the risk is never zero.

Step-by-step purchase procedure

Step 1: Check whether the land is classified as agricultural

Before you do anything else, check the land register (LPIS, or the mapy.geoportal.gov.pl portal) to confirm whether the plot is classified as agricultural. If it's classified for building/development use, these restrictions don't apply.

Step 2: Check whether you qualify

Step 3: Sign the sale contract

The contract must include a clause on KOWR's pre-emption right — confirming that KOWR will be notified within 7 days.

Step 4: Notify KOWR

Within 7 days of signing the contract (from the date of signing, not completion), send KOWR: - A copy of the sale contract, - Proof of payment of the notification fee (typically PLN 200–500), - A statement from both parties.

Step 5: Wait out the 3-month window

KOWR has 3 months to make its decision. Possible outcomes: - KOWR does not exercise its right — you proceed to registration in the księga wieczysta (the land and mortgage register — Poland's official property title register), - KOWR exercises its pre-emption right — it takes over the property at the price stated in your contract, - KOWR reopens the process — it may request additional information.

To be verified: exact deadlines and procedures can change — always check the current guidance published at kowr.gov.pl.

Buying agricultural land as a Pole based in the UK

If you're a Polish national living in the UK and want to buy farmland:

  1. Lower chances without a local partner — Polish citizenship alone isn't enough if you're registered as living/working abroad,
  2. A workaround: partner with a local farmer (who would become the registered owner or co-owner),
  3. An alternative: buy land classified for building/development rather than agricultural use (no restrictions apply).

Changing the land's designation — a way around the restrictions

Another route is to change the land's designation from agricultural to building/development use. But bear in mind: - This requires a decision from the local council, - It can take months or years, - KOWR can still object during the process.

It's far better to sort this out before you buy, not afterwards.

Frequently asked questions

Can a Pole living in the UK buy agricultural land? In theory, yes, if they hold Polish citizenship. In practice, it's very difficult without partnering with a local farmer. KOWR will look more closely at a buyer who works abroad.

How long does KOWR have to make a decision? Three months from the date of notification. After that, if KOWR hasn't applied to the court, the purchase can proceed. But delays are always possible if KOWR reopens the process.

What if the plot is small (under 1 hectare)? The restrictions don't apply to agricultural plots under 1 hectare. But always check the land register — sometimes a plot is registered as building land even though it's actually used for farming, or vice versa.

Can I get around this by buying building land instead of agricultural land?Does KOWR always use its pre-emption right? No. For small plots, rarely. For larger farms (over 50 hectares), almost always.

Free assessment of your situation

Want to buy agricultural land in Poland and not sure whether you're eligible? Get in touch with Twoja Sprawa at twojasprawa.com. We'll review your situation free of charge and put you in touch with a Polish lawyer.

Disclaimer

Twoja Sprawa (twojasprawa.com) is a referral platform, not a law firm. This article is for general information only. Rules on agricultural land change over time — always check the current guidance from KOWR and your local council. We do not guarantee that you will be able to buy agricultural property.

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