Are you moving to the countryside? You may lose some of your rights against your farmer neighbor
New village residents are expected to sign declarations. The ministry wants to protect farmers from disputes over noise and odors.
The Ministry of Agriculture presented the assumptions of the draft act, which is intended to protect the productive character of rural areas. The aim of the changes is to secure agricultural activities and reduce conflicts between farmers and people who move to rural areas but do not engage in agricultural production.
The ministry emphasizes that the countryside is increasingly becoming a place of residence for people unrelated to agriculture. At the same time, it is still a space for food production, which is associated with natural nuisances, such as machine noise, odors and work carried out at different times of the day.
Protection of the productive character of the village after disputes with residents
The impetus for change are conflicts in which new village inhabitants complain about the activities of farms. Minister of Agriculture Stefan Krajewski pointed out that the goal is to protect those who have lived in the countryside for generations and run agricultural or agricultural-related activities.
The text mentions the case of farmer Szymon Kluka, owner of a small pigsty in Grodzisk near Łódź. The neighbors demanded compensation from him for the smells and noise. The case ended unfavorably for the farmer because the Supreme Court dismissed the cassation appeal, and the previous rulings ordering the payment of compensation remained in force.
Protection of the productive character of villages and changes in the Civil Code
The project involves adding a new article to the Civil Code. 144¹. According to it, a property owner who conducts agricultural activity will, in principle, not be considered a person who interferes with the use of a neighboring property beyond the average extent.
The exception is to apply to situations where agricultural activity is conducted contrary to the principles of proper agricultural management or legal provisions. This means that the burden of the dispute may shift to the resident, who will have to prove to the court that the farmer is acting incorrectly.
Statement when purchasing real estate in the countryside
The changes are also to cover the Act on shaping the agricultural system. The buyer of real estate located outside the city would have to submit a declaration in a notarial deed that he or she is aware of possible nuisances related to agricultural activities conducted in the vicinity.
This obligation is intended to reduce future conflicts. In practice, a person buying a house or plot in the countryside will have to confirm that he or she knows that there may be noises, odors and other effects typical of agricultural production in the area.
Noise of machines and work at night. Changes also in the Code of Petty Offenses
The project also provides for an amendment to Art. 51 of the Petty Offenses Code. A farmer would not be subject to punishment for disturbing the peace or rest at night if it results from conducting agricultural activity.
Here, too, an exception will be a situation in which the activity is conducted contrary to the principles of proper agricultural management or legal provisions. So it’s about, among other things: o noise from machines or animals that are part of the normal operation of the farm.
The number of farms is decreasing and conflicts are increasing
The Ministry points to changes taking place in rural areas. According to the 2020 General Agricultural Census, the number of farms was approximately 1.3 million and was almost 13% higher than in the previous year. lower than in 2010
At the same time, the number of farms keeping animals decreased to 582.1 thousand, i.e. by 36.9%. less than a decade earlier. The Ministry recognizes that in such a situation it is necessary to strengthen the protection of the productive functions of the village.
When may the new regulations come into force?
The planned date of adoption of the project by the Council of Ministers is the third quarter of 2026. Currently, the project is at the opinion stage, and employers’ organizations and trade unions can submit their positions until April 30.
The assumed vacatio legis is short. The act would enter into force 30 days after its announcement.
