Starting January 1, 2026, an amendment to the Construction Law will come into force. According to the new provisions, a property owner will be required to grant a neighbor access to their plot in specific, strictly defined cases outlined in the act. The change raises concerns about the violation of property rights and privacy, although its aim is to streamline the construction process and resolve neighborly disputes.

Compulsory access to a plot

The amendment introduces an obligation to make a property available to a neighbor in situations where it is necessary for carrying out construction, renovation, or maintenance work on their own plot, and access from a public road is impossible or excessively difficult.

Requirement for consent and compensation

To exercise this right, the neighbor must obtain the owner's written consent or an administrative decision. The owner of the plot being entered has the right to compensation for any potential damages and for temporary inconveniences.

Controversies and concerns

The change raises concerns about the potential for abuse, limitation of property rights, and interference in the private sphere. Critics argue that the provisions are too broad and may lead to conflicts instead of resolving them.

Starting at the beginning of next year, an amendment to the Construction Law will come into force, introducing a controversial change. Under the new regulations, a property owner may be obligated to grant a neighbor access to their plot. This applies to situations where the neighbor is carrying out construction, renovation, or maintenance work on their own property, and the only possible supply, access, or technological route is through the neighbor's plot. The stated aim of the regulation, as indicated in the justification, is to streamline investments and avoid deadlock situations where work is blocked by the inability to access one's own plot.

The procedure outlined in the act has several safeguard stages. First, the parties should reach an agreement and conclude a contract regulating the scope, duration of the work, and the issue of compensation. If an agreement is not reached, the interested neighbor can apply to the starosta for an administrative decision permitting entry onto another person's property. Such a decision will be issued under the procedure specified in the Code of Administrative Procedure, with the right to appeal. The owner of the plot to be accessed will have the right to compensation covering any damages incurred and compensation for inconveniences. The amount of compensation is to be determined either by agreement or, in case of a dispute, by a court.

Regulations concerning compulsory access to another person's property for the purpose of carrying out work exist in the laws of many European countries and are based on the Roman principle of "servitus altius non tollendi" (easement). In Polish law, similar solutions, albeit in a narrower scope, have existed before, e.g., in the Real Estate Management Act concerning the so-called right of way. The amendment extends this possibility to a broader catalog of construction works.

However, the change raises serious legal and social doubts. Lawyers point to the potential conflict with the constitutional protection of property rights and the inviolability of the home. Questions arise about the limits of interference in the private sphere and whether the provisions open the door to abuses, such as neighbor harassment under the guise of necessary work. Potential problems with valuing compensation and the lengthiness of court proceedings are also highlighted. Proponents of the changes argue that the regulation is necessary in the face of increasing development density and frequent neighborly disputes paralyzing investments. The new Construction Law will come into force on January 1, 2026, meaning the first cases of its application and judicial interpretations could appear as early as the next construction season.

Perspektywy mediów: Liberal media may present the change as a tool for resolving deadlock neighborly situations and facilitating infrastructure development, pointing to similar solutions in other European Union countries. Conservative media may emphasize the threat to property rights, privacy, and civil liberties, warning against excessive state interference in neighbor relations and the potential for abuse.