10 thousand PLN fine for the property owner's mistake. Inspection possible at any time

• Building law imposes on property owners the obligation to manage rainwater so that its runoff does not disturb water relations on neighbouring plots.
• The discharge of rainwater, meltwater and drainage water into the sanitary sewer system is also strictly prohibited.
• Rainwater in the sanitary sewage system can lead to flooding, sewage backflow into utility rooms or its overflow into the area around the house. For this reason, inspections are carried out in cities and municipalities.

Polish building law imposes on property owners the obligation to manage rainwater in such a way that its runoff does not disturb water relations on neighbouring plots.

Therefore, rainwater management should be ensured within your plot. This is an obligation that not everyone knows or remembers

- reminds Marta Andrusiak, Head of the Investment Department on the website of the Municipal Office in Łomianki.

It emphasizes that, according to the applicable law, rainwater runoff from the property cannot be directed to neighboring plots or public roads. Rainwater should be managed on one's own unpaved area, to soakaways or retention tanks located on one's own property.

- In the event of unknowingly or intentionally directing rainwater onto a neighbouring property, you can expect an inspection by the relevant supervisory body, in this case the district building inspector. He may order the restoration of the previous state and impose a fine. In addition, the injured party is entitled to compensation for the damage caused - explains the City Office in Łomianki.

Unfortunately, it also happens that property owners decide to illegally discharge rainwater into the storm or sanitary sewer system. Such practices cause additional costs for institutions responsible for the storm or sewage network, and additionally , during heavy rainfall, they increase the risk of overloading and damaging the network.

That is why the appropriate services are conducting inspections . Such have been announced, among others, in Jaworzno. The inspection is carried out by the water supply services using the so-called "smoke machine". This is a device that generates a harmless mist, which, when blown into sewage manholes, allows for the detection of illegal connections.

Property owners found to be illegally connecting rainwater to the sanitary sewage system will be summoned to remove the irregularities. Failure to comply with the summons, in accordance with applicable regulations, may result in a penalty of restriction of liberty or a fine of up to PLN 10,000.

The introduction of rainwater, meltwater and drainage water into the sanitary sewage system is strictly prohibited. Rainwater from roofs, paved surfaces or drainage systems during heavy rainfall may cause accumulation of rainwater in the sanitary system, which is not adapted to its discharge.

- Jaworzno Waterworks informed.

- At any time, you can expect your property to be inspected for illegal connections, which may result in a fine . And you can also be held liable for discharging rainwater onto a public road - emphasizes Marta Andrusiak, head of the Investment Department of the Municipal Office in Łomianki, quoted on the city's website.

The best solution is to use rainwater as grey water, e.g. for flushing toilets or for irrigation. Another option is to drain rainwater into the storm sewer system or, if there is no such system, into the combined sewer system. However, in many cities in Poland, we must then expect costs - so-called paved surface fees.

Many municipalities also run programs that provide subsidies for the purchase or construction of rainwater tanks. This is the case in Poznań, for example.

Let us recall that since 2018, rainwater and meltwater have not been defined as sewage in Polish law. There is a legal impasse, because various courts interpret the right of cities and water companies to collect fees for its collection in different ways . Obligations in this area, i.e. who should deal with rainwater, are also interpreted in different ways. Recently, an idea has appeared to make rainwater a separate item in the fee schedule. Such a proposal was developed by the Polish Waterworks Chamber of Commerce.

The IGWP proposal is heading in this direction, that first of all we have a clear legal basis for councils to pass resolutions specifying prices for the discharge of rainwater and meltwater. Secondly we have a basis that if we are talking about prices for the provision of rainwater discharge services, then only in the scope of rainwater drainage, and the costs of rainwater discharge in the combined sewage system are to remain in the tariffs

- Mateusz Faron from the Zygmunt Jerzmanowski i Wspólnicy Law Firm recently explained.