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Ogrodzenie działki rolnej w świetle polskiego prawa

Posted by      gru 18, 2020     all
Fencing of agricultural parcels under Polish law

Fencing of agricultural parcels under Polish law

Fencing an agricultural parcel is a necessity when it acts as a pasture or is exposed to attacks by wild animals that destroy crops and cause damage to property. The fence is an effective barrier for intruders, but in order to be able to put it, it is worth knowing the legal provisions governing its construction on the site intended for agricultural production.

Definitions of agricultural parcel and fence

A detailed definition of agricultural parcel can be found in the Act of 3 February 1995 on the protection of agricultural and forestry land. According to the provisions of that act, agricultural property is both land recorded as agricultural land and all parcel gardens, botanical gardens or land under fish ponds or property belonging to agricultural holdings. Such parcels serve only agricultural production purposes and their owners are obliged to prevent the use of land for other purposes and to protect the soils from pollution and erosion.

Polish law does not explicitly specify what a fence of an agricultural parcel is. In the provisions of the Act of 7 July 1994 there are terms: construction work and construction equipment. The first includes buildings and small architecture buildings for which building materials have been used, and the construction equipment is called technical equipment related to the building, enabling its use. In 2015, the Kielce Administrative Court ruled that the category of construction equipment includes fences for built-up plots, while construction works concern land without buildings.

Changes to the parcel of land from 2017

In 2017, a number of changes were introduced to simplify official procedures for, among other things, landowners who plan to build their property. According to the Regulation of the Marshal of the Sejm of the Republic of Poland of 8 June 2017 (Art. 29., Journal of Laws 2017 item 1332), the construction of fences does not require a building permit if its height does not exceed 220 cm, counting from the ground level.

If the agricultural plot is part of an area entered in the register of monuments, such as a park establishment, then an application for a permit to build a fence must be submitted to the provincial conservator of monuments. Where the land is only adjacent to a conservation area, it is not necessary to notify the office of its intention to build a fence.

Fence of agricultural parcels – provisions of the MPZP

The construction of a fence on an agricultural plot is an expensive investment, even if it is a temporary fence made of galvanized or forest netting (from 2,40 PLN/mb). It is therefore worth making sure that such an investment does not interfere with the local zoning plan (abbreviated as MPZP), which is an act of law in force in the area and regulates all issues related to its development, before starting work and purchasing material.

The MPZP can therefore learn about the possibility of building a fence and even the type and color of materials that can be used in a given area. Any deviation from the conditions recommended in this resolution, namely the unlawful construction of a fence, may ultimately require its demolition.

Building law and the fence of agricultural land: what materials are allowed?

Local, local zoning plans are often the only complete source of information on the materials that the owner of an agricultural plot can use to build a fence. In Polish construction law, it is vain to look for uniform, consistent guidelines on this subject, and fences, which do not exceed 220 cm and do not have reinforcement, are most often made of lightweight metal structures,forest and galvanized nets.

There is also no shortage of other raw materials for the construction of fences on the Polish market, so if the local plan does not regulate the selection of material, you can reach for proven, widely available products, such as lumber, wooden fence, barbed wire or lacquered fencing panels. Agricultural land can also be densely planted with coniferous or deciduous shrubs, thus creating a natural hedge that will perfectly emphasize the agricultural character of the plot.