Poland Approves Law to Protect Farmers from 'Smell of the Countryside' Lawsuits

Poland's government has approved a draft bill designed to shield farmers from lawsuits brought by new residents who are disturbed by the sights, sounds, and smells of rural life. The legislation aims to safeguard the country's food security by protecting agricultural production.

The proposed changes to the civil code introduce a presumption that agricultural activities, including crop, animal, horticultural, fruit, and fish farming, fall within the normal measure of disturbance, provided three conditions are met. These are: the activity must comply with regulations, the farmer must adhere to sound agricultural practices, and the property must be located in an area zoned for mixed-use with farmsteads or agricultural production, or designated for agricultural purposes in local land-use plans.

The Ministry of Agriculture and Rural Development stated that establishing a professional standard, requiring farmers to act lawfully and skillfully, shifts the measure of acceptability from a neighbor's subjective discomfort to an objective standard of professional conduct. This provides farmers who use proper technologies with greater legal security, as their actions will be judged based on the production process's correctness, not on neighbors' subjective assessments.

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Thanks to this, a farmer who applies correct technologies gains greater legal security, because their conduct will be assessed in the context of the correctness of the production process, not the degree of dissatisfaction and subjective assessments of neighbors.

The "sound agricultural practices" clause acts as a safeguard, allowing the law to adapt to technological advancements and changing environmental standards without constant legislative updates. The ministry noted that this provision will remain current by referencing up-to-date agrotechnical knowledge, accommodating new technologies like precision agriculture.

Furthermore, individuals involved in property transactions for such agricultural land will be required to sign a declaration. This statement will confirm their awareness that agricultural activities are, or may be, conducted on the property, and that these activities may involve common consequences like noise, odors, increased vehicle traffic, and fieldwork that could temporarily disrupt the enjoyment of the acquired property. The buyer will acknowledge these conditions.

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The clause on sound agricultural practices acts as a "safeguard," allowing the law to automatically adapt to technological progress and changing environmental protection standards without the need for constant legislative changes.