Developments in the agricultural real estate market in the context of the acquisition of real estate by foreigners

Purpose: The aim of the study was to analyse the legal provisions regulating the acquisition of real estate by foreigners and to indicate the area of agricultural real estate acquired by foreigners in the years 2010-2021. The analysis attempts to describe the problems resulting from the lack of coherence between the Act on shaping the agricultural system and the Act on the acquisition of real estate by foreigners. Design/methodology/approach: The research methodology is based on an analysis of the existing legal and organisational regulations concerning the possibility of acquiring rights to real estate in the territory of the Republic of Poland. The authors have also reviewed the available literature in which authors have addressed issues related to the acquisition of real estate by foreigners. The annual reports made available by the Ministry of Interior and Administration on the implementation of the aforementioned Act were also used. Findings: Polish legislation favours the establishment and enlargement of family farms. At the same time, the law does not prohibit the running or enlargement of farms other than family farms, as persons running such farms may conclude agricultural land lease agreements or purchase land with the consent of the National Agricultural Support Centre. Importantly, foreigners from EU countries who decide to run an agricultural holding in Poland and obtain the status of an individual farmer have the same rights as Polish farmers with regard to not only the acquisition of agricultural land, but also direct payments, insurance in the Agricultural Social Insurance Fund (Kasa Rolniczego Ubezpieczenia Społecznego) or other rights and obligations related to agricultural activity in Poland. Originality/value: The publication addresses important issues concerning the acquisition of real estate in Poland by persons from both EU and non-EU countries. The subject matter is important in the context of the current socio-economic and political situation.