Changing the Permanent Land Use Type (PLUT) is an administrative procedure that allows the way agricultural land is used to be changed without changing its legal designation. In other words, the property remains agricultural land, but its use may be changed, for example, from arable land to an orchard, vineyard, meadow, or another type of agricultural use. The procedure is regulated by Article 78a of the Rules for the Implementation of the Agricultural Land Ownership and Use Act (PPZSPZZ).
A change in the permanent land use type is required whenever the actual use of the property no longer corresponds to the use recorded in the cadastral and agricultural registers. This most commonly occurs when establishing orchards, vineyards, walnut plantations, or other perennial crops, or when the method of cultivating the land has changed.
For properties with a permanent land use type of pastures, meadows, or grazing land, the application must be accompanied by a document issued by the Regional Inspectorate of Environment and Water (RIEW) confirming that there are no restrictions or prohibitions on changing the permanent land use type arising from protected areas under the Biological Diversity Act, protected territories under the Protected Areas Act, or management plans for such protected areas.
A change in the permanent land use type of properties included in the “Permanent Grassland” specialized layer may only be carried out after the property has been removed from that layer by an order of the Minister of Agriculture and Food, in accordance with Article 33b, Paragraph 2 of the Agricultural Producers Support Act.
An application for the change may be submitted by the owner of the property or by an authorized representative holding a notarized power of attorney to the Municipal Agriculture Office responsible for the location of the property.
After the application is submitted, the Head of the Municipal Agriculture Office appoints a commission to conduct an on-site inspection in the presence of the owner or their representative in order to determine the actual permanent land use type of the property. During the inspection, the commission examines the site and verifies whether the declared use corresponds to the actual condition of the land.
If the property boundaries are not clearly marked, they must first be surveyed and marked out by a licensed cadastral surveyor before the inspection can take place. Following the inspection, the commission prepares a report documenting the established permanent land use type. The report is approved by the Head of the Municipal Agriculture Office and officially communicated to the applicant.
Where an approved cadastral map and cadastral registers exist for the area, the change in the permanent land use type is also recorded in the cadastral records in accordance with the Cadastre and Property Register Act and the applicable secondary legislation. Once registered, the updated information becomes part of the official records and may be used in all subsequent administrative and legal procedures.
This procedure is particularly important when establishing orchards, vineyards, and other perennial plantations, as well as when updating property records before applying for agricultural support schemes, completing property transactions, or carrying out other administrative procedures. Timely registration of the actual permanent land use type ensures that the official records accurately reflect the current condition of the property. An accurately recorded land use type also facilitates proof of the property’s actual status before state and municipal authorities and during future property transactions.
It is important to note that changing the permanent land use type does not grant the right to develop or build on the land and does not replace the procedure for changing the legal designation of agricultural land, which is governed by the Agricultural Land Protection Act. These are two separate legal procedures with different legal consequences.