The introduction of a restricted use area (ROU), for example, around airports or large industrial facilities, often entails significant inconvenience for nearby landowners. Recent case law suggests that the mere inclusion of a property in such an area opens the door to claims for damages, even if the owner is not faced with specific building prohibitions.
OOU as a "special form of expropriation"
According to the established Supreme Court position, the establishment of a restricted use area constitutes a specific form of "expropriation" of some of the property owner's rights. This manifests itself in a restriction on the full use of the property and a decline in its market value due to the proximity of the nuisance structure.
Therefore, owners are entitled to fair compensation under Article 129, Section 2 of the Environmental Protection Act (PrOchrŚrod). This provision provides a standalone legal basis for pursuing claims related to the restrictions on the use of real estate.
Decrease in property value and lack of specific prohibitions
One of the most important legal issues in recent years was the question of whether compensation is also due when the value of the property has decreased solely due to the fact that it is located within the boundaries of the OOU, without any connection with additional restrictions (e.g. those resulting from Article 135, paragraph 3a of the Environmental Protection Regulation).
The Supreme Court, in its decision of 25 February 2026 (ref. no. I CSK 41/25), upheld the case law favorable to the owners:
- The owner is entitled to compensation for the mere fact that his property is included in a restricted use area .
- The claim is justified, even if the reduction in the value of the property was not related to the specific restrictions provided for in the Act.
- It is assumed that the establishment of an OOU itself causes a reduction in the value of the property as a result of the restrictions provided for in the act creating the given area.
What must a property owner prove?
Although the case law is favorable, obtaining compensation requires demonstrating the cumulative fulfillment of three conditions:
- Entry into force of a local law that introduces a limited use area and limits the use of real estate.
- Damage suffered by the owner (usually in the form of a decrease in the value of the property).
- Causal link between the restriction introduced and the damage incurred.
Who can apply for compensation?
The right to pursue claims (so-called active legitimacy) is granted to entities that hold the status of owner, perpetual usufructuary , or person holding another right . This status should last from the date the deed establishing the OOU comes into force until the conclusion of the hearing before the second instance court.
Summary
Recent Supreme Court decisions confirm that the path to compensation for property being placed in a restricted use area is open. If your property is located in a restricted use area, you are entitled to compensation for the decline in its value, regardless of whether additional technical prohibitions have been imposed on you.
Our law firm offers comprehensive support in analyzing your legal situation and representation in compensation disputes before courts of all instances.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of April 8, 2026.
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