New regulations governing trading in agricultural real estate proposed by the Ministry of Agriculture and Rural Development may have a huge impact not only on the possibility of selling property, but also on share transactions.
As everyone knows, Santa lives in Lapland. But what with the wave of inward investment in Poland, what if he decided to pull up stakes and move his establishment to property acquired here?
The new Agricultural System Act of 5 August 2015 enters into force on 1 January 2016, superseding the act of 11 April 2003. Barring further amendments, from the New Year the Agricultural Property Agency will be vested with expanded pre-emptive rights and new rights to decide on whether agricultural establishments can be partitioned.
Demolition of all or part of a structure erected as a result of unlawful construction is not the rule, but is an alternative to legalisation of the structure, which should always be applied whenever the structure is consistent with the planning guidelines and other regulations such as technical construction regulations.
Change in use of a structure or part of a structure is an issue of great practical importance. The wording of Construction Law Art. 71(1)(2) can raise doubts, but rulings by the administrative courts help to understand it.
When acquiring shares in a Polish company for a foreign buyer, it must always be examined whether a permit from the Minister of the Interior is required because real estate in Poland is involved. Sometimes a permit is required to acquire even a single share.