Politicians are working on a law protecting the countryside as a place where food is produced. They want to put an end to neighborly disputes over agricultural noise and smells. The new law is to introduce mandatory mediation involving experts in order to protect traditional farms from claims by new residents moving in from cities.

The impetus for the changes was a widely discussed ruling ordering a farmer to pay substantial compensation for an offensive smell, which was deemed a threat to the country's food security. The opposition and the government agree that the countryside must retain its productive character. The proposed regulations are intended to make new settlers aware of the nature of agricultural work while maintaining environmental protection standards.

Why did the Szymon Kluka case initiate legislative changes?

The case of farmer Szymon Kluka became an impetus for legislative changes because it revealed legal gaps and a line of court rulings unfavorable to agriculture which, in the opinion of the authors of the new regulations, could lead to the removal of farmers from the countryside.

The direct reason this issue received publicity was a ruling by the Court of Appeal in Łódź ordering a farmer to pay his neighbors PLN 100,000 for an unpleasant smell. The situation was deemed grossly unfair because the farmer was operating legally in a pigsty he had built in 2013, possessing all permits required by law.

Farmers are currently subject to the same regulations concerning so-called immissions (impacts on neighboring land) as, for example, construction companies, without taking into account the specifics of agricultural production, which is often carried out over many generations.

The case became a symbol of tensions between the traditional productive function of the countryside and new residents, often arriving from cities, who seek to restrict farm operations because of the sounds and smells characteristic of agriculture.

A project to protect farmers in the countryside

In response to this situation, a bill on the productive functions of the countryside has been prepared. It aims to protect farmers from similar rulings. The main assumptions of the proposed changes are:

  • Introducing mandatory mediation involving local agricultural advisory institutions in cases of disputes over immissions.
  • Strengthening the position of farmers in court disputes so that they are not “judged on the spot” merely for conducting agricultural activities.
  • Protecting the interests of people producing food while maintaining the obligation to comply with standards and hold the appropriate permits.

The bill is to be submitted to the Sejm by the Chancellery of the President of the Republic of Poland, and the Ministry of Agriculture and Rural Development assumes that the new regulations could enter into force in the first half of 2026.