Buyers to Sign Notarial Declaration for Rural Property

3 April 2026 Poland Radar 0 Comments

The government plans a new requirement: a notarial declaration for rural property that limits future complaints by new neighbours.

The government proposed a new law that forces buyers to sign a notarial declaration for rural property. Consequently, the change would make rural buyers waive certain complaints about farming neighbours.

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What the notarial declaration for rural property will require

The Ministry of Agriculture published a draft law that changes several rules. Moreover, the ministry wants buyers of properties outside city borders to sign a written statement at the notary. Therefore, the declaration will confirm that buyers know farming can create noise and odours. In addition, the draft adds this clause to the agricultural land law. However, the project is still at the public consultation stage until 30 April 2026.

Why this started: the Kluka case and growing clashes

The spark for the change was the high profile case of Szymon Kluka from Grodzisk near Łódź. Consequently, neighbours who moved in after his farm sued him for nuisance. Moreover, the Supreme Court upheld a lower court ruling in 2025. Therefore, Kluka had to pay compensation despite legal permits. In addition, courts relied on Article 144 of the Civil Code to judge immissions above an average measure.

How the law flips the burden of proof

The draft introduces a new Article 144¹ to the Civil Code. Consequently, a farmer who operates legally will not automatically count as a nuisance. Moreover, neighbours will have to prove the farmer violated proper agricultural practices. Therefore, the legal burden will shift away from many small farms. However, this only applies if farmers follow relevant rules and permits.

Other practical changes and timeline

The bill also amends the misdemeanour code. Therefore, farmers acting for agricultural reasons will not face fines for night work if they follow good practice. In addition, the change covers tasks like harvest work or pesticide spraying. The government plans a short vacatio legis of 30 days. Moreover, ministers expect the cabinet to adopt the law in the third quarter of 2026. However, the draft will not apply retroactively to cases already started.

💡 GOOD TO KNOW: If you plan to buy outside a city, check your new neighbour list first. Also, ask the notary about the proposed declaration and its wording. In Poland, a “mandat” means a police fine, ZUS is the social insurance office, and NFZ runs public health insurance. Moreover, carry proof of residence and tax links, and get local context from the town hall. If you live here, note PESEL is the national ID number. Therefore, document nearby farms, stable locations, or slaughterhouses. In addition, keep in mind the law aims to protect long-standing farms, but it does not erase all legal remedies.

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