Homeowners often do this in front of the fence. You can get a severe punishment

The area between the property fence and the road may give the impression of a natural extension of the plot. The owners place flower pots, stones and decorations there, and sometimes plant plants themselves. The problem is that the sidewalk, roadside or roadside green belt is usually located outside the boundaries of private property.

Such an area may be part of a road. As a result, placing objects on it without the required consent may be treated as illegal use of the road and result in a financial penalty.

Occupation of the road. It’s not just about the road

A roadway is not just the surface on which cars drive. Also includes, among others: sidewalks, technical devices and construction facilities as well as infrastructure needed for the proper functioning of the road.

Within its boundaries there is also space above and below the ground. According to the information quoted by Forsal, the border of the road should be at least 0.75 m from the outer edge of the excavation, embankment, ditch or other road facilities. On motorways and expressways, the minimum distance is 2 m.

A flower pot or a stone may indicate a problem

The regulations prohibit activities within the road that may damage the road or its infrastructure, shorten their durability or create a threat to road users. This also applies to the placement of items unrelated to road management or traffic management.

The source lists the problematic elements as stones and boulders placed outside the plot, bollards, pots with plants, Christmas decorations, advertisements, election posters and self-made plantings.

First you need to get consent

A person who wants to place an object, install a device or perform work on the road usually must first obtain permission from the relevant road manager. Depending on the road category, it may include, among others: General Director of National Roads and Motorways, voivodeship board, poviat board, commune head, mayor or city president.

The use of the road is subject to a fee, and the amount of the fee depends on, among others: on the occupied area, time of using the area and purpose. Importantly, consent cannot be obtained retroactively. Formalities should therefore be completed before arranging items or starting work.

The penalty may increase with each passing day

For unauthorized use of the road, a fine of ten times the standard fee may be charged. When calculating it, the area of ​​the occupied area, the rate per square meter and the number of days during which the strip was occupied without permission are taken into account.

Forsal gives an example of an advertisement for which you would have to pay PLN 100 per day to legally place it. If it was set without the required consent, the fine could amount to PLN 1,000 for each day of violation. This does not mean that each flower pot or decoration automatically results in a fine of PLN 1,000 per day – its amount depends on the fee that would be due for the legal occupation of a given area.

Not just a financial penalty

The consequences may not end there. The road manager may order the removal of objects placed without permission. If the road or its infrastructure is damaged, the perpetrator may be obliged to restore the area to its previous condition.

Civil liability is also possible. If the placed object causes damage, impedes traffic or contributes to an accident, the person responsible for placing it may be obliged to cover the resulting losses.