Can complaints about the smell of manure, animal noises, or a combine harvester working after dark effectively restrict farm operations? For many farmers, this isn't just a theoretical question. A neighbor's complaint, a request to stop polluting, a conflict over nighttime harvesting, or an odor nuisance can mean not only stress but also the risk of production disruption, harvest delays, and real financial losses.
In today's article from the "Lawyer on the Farm" series, we discuss the government's draft bill amending certain acts to protect rural agricultural production functions. The Council of Ministers adopted it on August 18, 2026. While the bill does not have the force of binding law, its direction is important for both farms and those purchasing a house or plot of land in rural areas.
Where the problem begins
The contemporary countryside increasingly combines production, residential, and recreational functions. New homes are being built alongside farms, often purchased by people who previously lived in cities and had no experience with the realities of agricultural production. Problems arise when the desire for peaceful use of property collides with the seasonal and biologically determined nature of farm operations.
Agricultural activity cannot be conducted solely between 8:00 a.m. and 4:00 p.m. Weather, the harvest season, the threat of rain, the need to quickly harvest crops, the transportation of agricultural produce, and animal husbandry duties often necessitate work in the evenings, at night, and on days off. The Ministry of Agriculture and Rural Development points out that the noise of machinery, odors, and animal sounds are a source of increasingly frequent conflicts between farmers and new rural residents.
Currently, the primary reference point for neighbor disputes is Article 144 of the Act of 23 April 1964 – the Civil Code. This provision prohibits property owners from taking actions that disrupt the use of neighboring properties beyond what is reasonable, given the property's socio-economic purpose and local conditions. In practice, this requires a case-by-case assessment of the specific circumstances: the type of business, the location of the property, the nature of the surrounding area, the scale of the impact, and the compliance of the action with regulations.
In particular, a neighbor may attempt to file a negative claim under Article 222 § 2 of the Civil Code, demanding the restoration of the lawful status and cessation of the violations. Depending on the circumstances, the dispute may concern restrictions on specific works, the method of storing natural fertilizers, transport, ventilation of livestock buildings, or the frequency of specific activities.
What does the government want to change?
The UPRO8 project proposes a change in approach to the typical impacts of agricultural activities. According to the government's announcement, noise, odors, and other common effects of agricultural production are to be considered within average limits if activities are conducted in accordance with regulations and principles of sound agricultural management. Protection is to be extended to plant and animal production, including horticulture, fruit growing, and fishing.
However, this does not mean the introduction of a general "nuisance right" or immunity for every farm. The bill clearly stipulates that protection will not apply to activities conducted in violation of the law or the principles of proper agricultural management. It will also not apply to activities conducted outside areas where, in accordance with spatial planning regulations, agricultural activities are or may be conducted.
This is a significant caveat. Farmers will still be required to comply with regulations regarding environmental protection, fertilizer management, animal welfare, water protection, waste management, construction law, and administrative decisions. The project is intended to limit unfounded claims against legal, properly conducted production, rather than legalize activities that actually exceed acceptable standards.
Declaration in a notarial deed
The bill also amends the Act of April 11, 2003, on the Development of the Agricultural System. In certain cases, the purchaser of real estate located in agricultural areas will be required to submit a notarial deed stating that they are aware that agricultural activity is or may be conducted within the same cadastral area and that its normal consequences may occur, including noise, odors, increased traffic of agricultural machinery and vehicles, and periodic disruptions related to field work.
The obligation is to be linked to areas designated for agricultural activities in the general municipal plan or local development plan. In practice, before purchasing a property, it will be necessary not only to check the land and mortgage register, road access, and utilities, but also to thoroughly analyze the planning documents and the actual property's surroundings.
The buyer's declaration should not be treated as an unconditional waiver of all claims against the neighbor. It serves primarily an informative and preventative purpose. It will not deprive the buyer of protection against illegal activity, but it may significantly complicate any subsequent claim that the typical characteristics of a productive village were completely unforeseeable.
How to act wisely
In such a situation, our law firm can help you sort out the matter from start to finish: analyze the planning status of the property and farm, assess the risk of neighboring claims, verify compliance with specific regulations, prepare responses to summonses and procedural documents, and, if necessary, represent the client before authorities or courts. In the case of purchasing rural property, it is worthwhile to examine not only the property documents but also the actual nature of the neighborhood and the function of the land as defined in the local zoning plan or the general municipal plan.
For a farm owner, in the event of a dispute, documentation confirming the legality and rationality of the work being carried out will be paramount. For the buyer of a house or plot of land, consciously examining whether the chosen location truly meets their expectations will be crucial. The sooner the parties to the conflict identify its source, the greater the chance of resolving the dispute without costly legal proceedings.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of August 19, 2026.
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