People buying a house or building plot in the countryside typically seek peace, space, and proximity to nature. However, it's important to remember that the countryside is not just a place to live, but above all, a space where agricultural production takes place. For many farms, the smell of manure, the work of tractors, the transport of crops, the sounds of animals, and the harvesting of crops late at night are a standard part of farm work, not the exception to the rule.
In today's article from the "Lawyer on the Farm" series, we would like to present draft amendments that will strengthen the protection of agricultural activities against claims from neighbors. The draft bill amending certain acts to protect the agricultural production functions of rural areas was adopted by the Council of Ministers on August 18, 2026, and then submitted to the Sejm for a vote.
Farmer and neighbor – where conflict occurs
Problems most often arise when new housing developments are built near long-established farms. Someone who buys a house near fields or, for example, a pig farm, may eventually find that the odors, noise of machinery, or increased traffic from farm vehicles excessively disrupt their enjoyment of the property.
Such cases may be brought to court as so-called nuisance disputes. According to Article 144 of the Civil Code, property owners must refrain from actions that disrupt the use of neighboring properties beyond reasonable limits. However, the assessment takes into account the socio-economic purpose of the property and local conditions.
In practice, this means that the court doesn't solely assess whether a particular neighbor is bothered by odor or noise. It also considers whether the area is agricultural, how long the farm has been operating, the type of production, and whether the farmer complies with regulations. The problem is that current regulations don't always adequately address the specific nature of rural work and the realities of running a farm.
What is to be changed
The bill proposes adding new provisions to the Civil Code. Their primary goal is to strengthen the position of farmers who conduct their business in accordance with the law and the principles of sound agricultural management. The bill aims to limit the possibility of treating typical consequences of agricultural activities, such as odors, noise, animal sounds, or seasonal field work, as excessive disturbances.
This doesn't mean, however, that farmers will gain complete freedom regardless of how they run their farm. The proposed protection is intended to apply to legal and properly conducted activities. If a farm violates environmental, veterinary, or sanitary regulations, or the conditions resulting from administrative decisions, the new regulation should not provide effective protection against claims from neighbors.
Importantly, once the new regulations come into force, the key factor in many cases will be not simply the statement that odor is bothersome, but rather whether the production method complies with the principles of sound agricultural management. For farmers, this means special attention must be paid to farm documentation, compliance with regulations, and proper production organization.
You are buying a property in the countryside – check the area
The bill also introduces a new solution for real estate sales. The buyer of a house or plot located outside the city's administrative boundaries would be required to submit a notarial deed stating that they have been informed of the potential nuisance associated with agricultural activities conducted in the vicinity – within the given cadastral area. This would primarily include noise, odors, the operation of agricultural machinery, and work carried out during periods requiring intensive farming activities.
In practice, this means that before purchasing a property, it's not enough to check the plot price, access road, and development options. It's also important to determine what farms are operating in the immediate vicinity, whether livestock are farmed, what the land is designated for in the local zoning plan, and whether the municipality designates the area for agricultural purposes in its general plan.
To explore this topic, consider the following scenario: a married couple purchases a house on the outskirts of a village, near a long-standing pigsty. After moving in, they discover that the odor is more noticeable during fertilization season and during high temperatures than the buyers anticipated. If the farm operates legally and the buyers were warned about the agricultural nature of the area, pursuing claims may be more difficult after the changes take effect.
Another case involves a farmer who wants to expand his farm. Protecting agricultural activities alone does not exempt him from the obligation to obtain the required permits and maintain environmental standards. This is why every major investment should be well-prepared legally.
How can the Law Firm help?
Our law firm assists both farmers and those planning to purchase rural property. In the case of farms, we analyze the risk of neighbor disputes, investment documentation, compliance with regulations, and the possibility of defending against claims. We also help those purchasing a plot of land or a house verify the planning conditions, the legal status of the property, and the actual nature of its surroundings.
The sooner such an analysis is carried out, the easier it is to avoid conflicts that may prove costly and difficult to resolve after purchasing the property or after starting the investment.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of September 9, 2026.
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