Huge fines for land without consent. Property owners will pay up to 1 million PLN.

• Storing soil from construction without proper permission on your own plot can have serious consequences.
• The Łódź entrepreneur did not have documents confirming the legal origin and recording of waste, including soil and railway sleepers.
• According to the regulations, the fact that an item may have utility value for its purchaser is irrelevant for the classification of waste. Therefore, the Provincial Inspector for Environmental Protection ordered the company storing soil from the construction site, among other things, to register waste in the BDO system.
• The administrative court upheld the WIOŚ's position. Failure to maintain such records may result in a fine of up to PLN 1 million, Forsal.pl reports.

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Under applicable environmental regulations in Poland, for failing to maintain waste records or maintaining them in an unreliable manner, as well as for collecting or processing waste without the required permit, the Provincial Inspector for Environmental Protection (WIOŚ) may impose an administrative fine ranging from PLN 1,000 to as much as PLN 1 million .

The amount of the fine depends on the type of violation, its impact on people and the environment, duration, size of the activity and the consequences and risks resulting from the irregularity.

However, the potential utility value and the possibility of its reuse are irrelevant. Storing soil from construction on one's own plot can have serious consequences . This position was confirmed by the Provincial Administrative Court in Łódź, and subsequently by the Supreme Administrative Court.

- informs the Forsal.pl portal.

The website describes the case of a Łódź entrepreneur who, from December 16, 2020 to June 1, 2021, was subjected to an unscheduled inspection by inspectors from the Provincial Inspectorate for Environmental Protection in Łódź.

During the inspection, it was revealed that the property contained dismantled concrete railway sleepers and large quantities of earth (over 2,300 tons). The sleepers were purchased in 2011, while the earth came from the construction of the S8 expressway.

The company did not have any documents confirming the legal origin of the waste or its recording. It did not maintain the required waste records in the BDO (Database on Products, Packaging, and Waste Management) system , and the soil was transported without Waste Transfer Notes .

- As a result of the inspection, the Provincial Inspectorate for Environmental Protection issued a post-inspection order obliging the entrepreneur to: maintain waste records in the BDO system and inform the authority within 14 days about the fulfillment of this obligation - reports Forsal.pl

Moreover, the inspectors warned the entrepreneur that conducting business involving the collection or processing of waste requires obtaining an appropriate permit (in accordance with Article 41 of the Waste Act).

The entrepreneur disagreed with the inspector's decision and appealed the order to the Provincial Administrative Court in Łódź. The complainant's allegations included exceeding the permissible inspection time (it lasted 186 days) and incorrectly classifying the deposited materials as waste .

According to the complainant, the dismantled concrete railway sleepers were inspected by the previous owner.

"It was then determined that they could be reused as building materials without the need for any technological processes. Therefore, in the complainant's opinion, they did not constitute waste, but rather a "thing" within the meaning of the Civil Code ," Forsal.pl reports.

The complaint also questioned the classification of malted soil as waste. The company argued that these are natural, fertile wheat and beet soils of classes III and IV, as well as sand and gravel, which do not pose a threat to the environment or human health and therefore should not be treated as waste.

By judgment of 15 February 2022 (ref. II SA/Łd 749/21), the Regional Administrative Court dismissed the complaint . Regarding the alleged excessive length of the proceedings, it was pointed out that it was an unplanned inspection and therefore not subject to certain provisions of the Entrepreneurs' Law, including those concerning the maximum duration of an inspection.

The Regional Administrative Court also disagreed with the complainant's argument regarding the definition of waste. It pointed out that, pursuant to Article 3, Section 1, Item 6 of the Waste Act, waste is any substance or object that the holder discards, intends to discard, or is obligated to discard.

The waste was not recorded in the BDO database, and its transport took place without the legally required documentation , i.e., Waste Transfer Notes. According to the complainant's explanation, the disputed soil masses constitute fertile (fertilizing) wheat and beet soil, class III and IV, as well as sand and sand-gravel mix as bulk material.

- we read in the justification of the judgment.

- The body (WIOŚ - ed.) found that both the dismantled railway sleepers and the earth masses from the route construction site deposited on the complainant's property constitute waste within the meaning of Article 3, Section 1, Item 6 of the Waste Act, which obliges the party to record this waste in the BDO database , as ruled in this post-inspection order - the Łódź court emphasized.

The Regional Administrative Court in Łódź indicated that, according to the entrepreneur, "the deposited railway sleepers are used by him to build and strengthen the excavation pit and to strengthen the fence of the area, and therefore they constitute a building material that he acquired in accordance with the principles of sustainable development for the purpose of further permitted use as a building material"

- In this respect, it should be noted that, in accordance with Article 3, paragraph 1, point 6 of the Waste Act, waste is understood as any substance or object which the holder disposes of, intends to dispose of or is obliged to dispose of - the court noted.

He added: - Therefore, for an item to be considered waste, the fact that it may have a utility value for its buyer and is suitable for further use after being subjected to appropriate operations is irrelevant .

The concept of waste does not exclude substances and objects that are suitable for further economic use . Waste also includes materials that are subject to economic reuse by the purchaser and that have a specific economic or market value for them.

- noted the Provincial Administrative Court in Łódź.

The entrepreneur filed a cassation appeal against the judgment of the Łódź Regional Administrative Court of February 15, 2022, to the Supreme Administrative Court. By judgment of June 17, 2025 (reference number III OSK 1477/22), the Supreme Administrative Court dismissed the entrepreneur's cassation appeal . It thus upheld the provincial court's arguments regarding the Łódź entrepreneur's obligation to maintain waste records.

The Forsal.pl portal reminds us that, pursuant to the Waste Act, businesses that collect or process waste are required to obtain the appropriate permit – both for waste collection and processing. It is also possible to obtain a single combined permit.

Such permits are issued by:

• voivodeship marshal - when the activity concerns hazardous waste or is carried out in an area exceeding one commune;
• starosta - in other cases, if the activity concerns only non-hazardous waste and is carried out in one commune.

These permits are issued for a fixed period, no longer than 10 years. To obtain them, you must:

• presentation of complete technical and environmental documentation ;
• meeting specific requirements regarding waste storage , security and technology;
• paying the appropriate stamp duties and obtaining an entry in the BDO register .