It is illegal to have a water intake in an allotment garden. This situation results from the provisions of the Water Law Act of 2017, which states that a water permit must be obtained to use a well. In practice, this means that each water intake on the plot should be metered based on the water law report and requires obtaining a water law permit in Polish Waters.
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Allotment gardens to be liquidated? The new regulations will allow this
Even people who informally own the land have greater rights than allotment holders
An exception to the regulation is a small consumption – up to 5 m³, but it does not apply to allotment holders because they are only tenants of the land. This exception applies only to real estate owners, perpetual usufructuaries, and persons informally holding land, the so-called independent holders.
To obtain a water permit, you must complete a water law study, the price of which is over PLN 2,000, and submit reports to Polish Waters. Taking into account that water consumption on the plot is around several dozen zlotys per year, carrying out a survey is completely unprofitable.
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The problem affects up to 140,000 allotment gardeners
The Polish Allotment Gardeners Association estimates that the requirement to have a survey does not meet even 140,000 owners of allotment gardens in the country who do not have access to the water supply network.
There is a loophole in the Act which means that each water intake on individual plots is treated as if it were a significant intake requiring detailed measurement and obtaining a water law report and appropriate permit – says Bartłomiej Piech from the Polish Association of Allotment Owners to the Local Government Portal. – I can imagine a situation in which an official who has a bad relationship with an allotment garden will decide to strictly enforce these regulations – he adds.
The fine for possessing an illegal water intake is up to PLN 5,000. The situation is further complicated by the provision that the well on the plot is the property of the plot holder. In such a case, neither the owner of the allotment gardens nor the Polish Allotment Gardeners Association has anything to say.
In April this year, Wody Polskie declared that there would be no penalties for water intakes on plots, but the regulations have not changed so far. The Polish Allotment Gardeners' Association has been calling for changes in the regulations for years. They would consist in adding allotment gardens to the list of exceptions, which already includes property owners, perpetual usufructuaries and people informally managing the land, i.e. the so-called self-existent owners.
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