Protecting Polish agriculture: Sales of real estate from the State Treasury Agricultural Property Stock halted for another 10 years
Extension of this period is intended to combat speculative purchases of land by Polish and foreign entities, guarantee that productive plots are used for agricultural purposes, and protect family farms from going into debt to purchase land.
On 23 January 2026 the Polish parliament adopted the Act Amending Certain Acts for the Purpose of Protecting Polish Agriculture.
The amendment affects two existing acts:
- Agricultural System Act of 11 April 2003
- Act of 14 April 2016 on the Suspension of Sale of Real Estate from the State Treasury Agricultural Property Stock and Amending Certain Acts.
In the case of the Agricultural System Act, only the preamble will change. But there are major changes in the other act, which originally halted the sale of state-owned agricultural land for 10 years (through 30 April 2026). The amendment extends that period by another 10 years (through 30 April 2036).
The suspension does not apply to:
- Real estate or parts thereof designated in the local zoning plan, a final decision on conditions for construction or development of land, or the commune’s general plan, for non-agricultural uses, particularly for technology parks, industrial parks, business and logistics centres, warehouses, transportation projects, residential construction, or sports and recreation facilities
- Real estate within the boundaries of special economic zones
- Houses, residential units, commercial buildings and garages along with the necessary land, as well as home gardens
- Agricultural properties with an area of up to two hectares (after the amendment, up to five hectares)
- Shares in the joint ownership of properties referred to points 1–4.
According to the justification for the government bill, the act is beneficial for the State Treasury and for farmers. By remaining the owner of agricultural land, the State Treasury will not cede control of the land. Farmers, in turn, can invest their capital in projects and introducing innovations on their farms, without making the large financial outlays to acquire ownership of their farmland. Notably, the continued suspension of the sale of state-owned agricultural land was also called for by social organisations representing farmers. Maintaining the ban on such sales will also combat the acquisition of agricultural land by “undesirable” persons.
The amendment is consistent with the aims of the state agriculture policy, under which:
- The National Support Centre for Agriculture (KOWR) administers the State Treasury Agricultural Property Stock firstly by the tenancy or sale of agricultural property for establishment or enlargement of family farms (Art. 24(1) of the Act on Management of Agricultural Land of the State Treasury)
- The state’s active policy will enable direct oversight of the properties it holds, in a manner ensuring they are used for agriculture, particularly in the case of plots with great agricultural production capacity
- Maintaining the current regulations will combat speculative acquisition of land by domestic or foreign buyers whose activities may not further the public interest or the growth of agriculture
- Due to the high costs for buying land, many farmers prefer tenancy over purchase of the land they farm—maintaining the dominant role of tenancy in administration of land from the State Treasury Agricultural Property Stock will protect family farms from taking on excess debt.
At the time of publication of this article, the legislative process is still underway, and the final wording of the act is not certain. After adoption by the Sejm, the bill was forwarded to the Senate, which has 30 days for further consideration. If the Senate does not reject or amend the act, the act in the form adopted by the Sejm will be sent to the President of Poland for signing.
Gabriela Kuszewska, Real Estate practice, Wardyński & Partners
