A new obligation when buying a house. A statement about chickens not only in the countryside

The project of changes referred to as lex farmer is intended to protect people running agricultural activities against claims regarding typical nuisances, such as noise, odors or machinery movement. However, the new version of the regulations assumes that the effects of the changes may be felt not only by rural residents, but also by people buying houses in cities.

The Ministry of Agriculture proposes moving away from the simple division into urban and rural areas. The provisions in planning documents will determine whether the new regulations will apply. This means that the obligations may also cover properties located within the boundaries of large cities, if this results from local plans or general plans.

Lex the farmer

The project maintains the obligation for persons purchasing houses in areas covered by the specified planning functions to submit a special declaration to a notary. The buyer will confirm that he is aware of the conduct or possibility of conducting agricultural activities on neighboring properties and accepts the typical nuisances associated with them, such as noise, odors, machinery movement or periodic field work.

The proposals were criticized by notaries. In their opinion, the new regulations mean a significant increase in bureaucracy, because with each transaction it may be necessary to analyze not only the property being sold, but also documents relating to the entire registration area. The lack of precise rules for determining this information and the effectiveness of the declaration itself are also questionable.

The planning documents will determine the responsibilities

According to representatives of the notarial community, linking new obligations with planning documents may lead to interpretation problems. The plans do not always correspond to the actual use of land, and their provisions are sometimes ambiguous. As a result, even residents of Warsaw or Wrocław may be obliged to submit a declaration when purchasing a house.

Changes regarding the protection of agricultural activities against claims related to emissions are less controversial. The draft clarifies that the presumption of compliance with the law will cover production activities in agriculture, including plant, animal, horticultural, fruit-growing and fish production. At the same time, exceptions are provided for, and in the event of a dispute, the court will assess, among others: compliance of the conducted business with regulations and planning documents.