A new obligation when buying a house. This statement cannot be done without it

The Ministry of Agriculture is preparing a draft act known as “lex farmer”. Its purpose is to protect farmers against lawsuits related to typical effects of farming, such as unpleasant odors or animal noises. One of the elements of the new regulations will be additional formalities for people buying real estate.

The buyer of the house will have to submit a special declaration to a notary. He is to confirm that he knows that agricultural activities are or may be carried out on the neighboring properties. Whether the obligation will apply to a specific property will be determined by the arrangements contained in the planning documents.

A new obligation when buying a house. What will you have to accept?

The declaration is intended to include acceptance of the normal consequences of farming activities. This includes: about noise, odors, increased traffic of vehicles and agricultural machinery, and field work, which may periodically impede the use of the purchased property. The buyer must confirm that he is aware of these circumstances and accepts them.

However, the proposed solution was criticized by notaries. In their opinion, the new regulations may lead to the development of unnecessary bureaucracy. They also indicate that additional responsibilities may mean higher costs associated with handling the transaction.

The notary will have to check much more

As “Dziennik Gazeta Prawna” quoted by WNP points out, currently, during a real estate transaction, the notary focuses primarily on the legal status of the plot being sold. After the changes, the scope of information checked would be much broader.

It may be necessary to analyze the situation not only of the property that is the subject of the transaction, but also of all plots located in the same registration area. In practice, such a district may even cover the entire village.

The problem will arise when inheriting real estate

There are also doubts about the effectiveness of the declaration itself. You can not only buy a house or plot of land, but also inherit it. In such a situation, the new owner will not be bound by the declaration previously submitted by the person from whom he took over the property.

The project is primarily intended to reduce disputes between residents and farmers regarding typical inconveniences related to the operation of farms. However, the price for this protection may be another formality when purchasing a house and more responsibilities on the part of notaries.