Converting a forest plot into a building plot

Who doesn't dream of a small house on the edge of a forest? Very often the plots where we would like to build are forest plots, on which building is not permitted by law. What can be done, and is it even possible to change the legal status of the land? It is, but the road to it is not easy.

What exactly is a forest plot?

A forest plot is land defined in the Forests Act as forest, access roads to forest land, and reclaimed areas intended for forestry. The provisions of the Act on the Protection of Agricultural and Forest Land are intended to protect forest and agricultural areas and to make it harder to use them for non-forest and non-agricultural purposes. Because the legislator protects this type of plot so strongly, the procedure is difficult and attempts often end in failure.

Converting a forest plot into a building plot is not always possible

Before deciding to buy a forest plot that we want to reclassify as a building plot, we should check several important things. It may turn out that a given area simply cannot be reclassified. Our first port of call is the municipal office, to check whether the property is covered by a local zoning plan (MPZP) and what the status of the plot is. If the area we are interested in is designated as a forest plot, we must apply for a targeted amendment to the local zoning plan. According to the case law of Polish courts, only forest plots covered by a local zoning plan can be designated for non-forest purposes, including building.

The application that we submit to the competent municipal office ultimately goes to the marshal of the voivodeship (except for land belonging to the State Treasury), who considers it. The application should be accompanied by an opinion of the Regional Directorate of State Forests, a list of the land with its soil quality classes, and an economic justification of the investment. If the land falls into soil quality classes 1 to 3 or the foresters' opinion is negative, obtaining consent is very unlikely. After obtaining consent for the conversion of the plot, we must still apply for a decision excluding the land from forest production, which is issued by the competent starost. It is worth noting that this involves paying annual fees, as well as one-off compensation if the trees are felled prematurely. We do not have to pay these charges if the land is excluded for the purpose of housing construction.

READ ALSO – CONVERTING AGRICULTURAL LAND INTO BUILDING LAND

The shortcut

The Forests Act allows us to reclassify a forest plot as agricultural land by invoking particularly justified needs. However, we must prove in administrative proceedings that the applicant has qualified needs, that is, needs that are extraordinary and differ significantly from typical ones. Such a decision is issued by the starost. Once the forest plot has agricultural status, it will be much easier to reclassify it as building land.

Converting a forest plot is a difficult and time-consuming task, so when planning to buy such a property, we should think carefully. Before buying, it is important to check the quality of the soil and the value of the trees for forest production. If we come across a plot with good soil and valuable tree cover, it may turn out that obtaining consent is impossible. Before buying such land, it is worth using the services of an experienced estate agent, who will reliably gather all the necessary information for us and help us make a good decision.