Does the well need to be reported? Legalization of deep wells in 2026

The question about the legal status of a deep well arises every time water regulations are changed - and rightly so, because the consequences of a mistake can be costly. As a manufacturer of deep well pumps, we talk every day to installers and property owners who want to choose the right device for their own water intake. However, before we choose a pump, a fundamental question arises: Is my well operating legally?

We decided to collect in one place up-to-date information on formal obligations related to the construction and use of wells in Poland - with particular emphasis on the amendment to the Water Law pending in the Sejm from autumn 2025. After reading this article, you will know what steps to take to legalize your well.

Note: The following article is for informational and illustrative purposes. It does not constitute legal or administrative advice. We always recommend consulting a hydrogeologist, geological works designer or the appropriate Polish Waters unit.

When does a well require notification or a water permit?

The legal basis is the Water Law Act of July 20, 2017 (Journal of Laws of 2025, item 960, as amended). It determines when the owner of a well is obliged to obtain a water permit or submit a water permit notification to Polish Waters. Two thresholds are key:

• Well depth over 30 meters – a well with a depth exceeding 30 m requires obtaining a water permit for its construction. This is a requirement resulting directly from Art. 395 point 5 of the Water Law Act.
• Daily water consumption exceeds 5 m³ – if the water taken from the well exceeds 5 m³ per day, regardless of its depth, it is necessary to legally regulate the intake – in the form of a water law notification or a full water law permit, depending on the circumstances.

A well shallower than 30 meters, from which water consumption does not exceed 5 m³ per day, may be implemented as part of the so-called ordinary use of water by the land owner - without the obligation to obtain a permit or submit a water law notification to Polish Waters. In practice, however, the limit of 5 m³ per day is easy to exceed: watering the garden, filling a swimming pool or intensive use by a larger household quickly approaches this limit. It is therefore worth reliably estimating the planned water consumption before starting the construction of the well.

The obligation to obtain a water permit may also arise regardless of the depth and water intake, if the intake is planned near protected areas, NATURA 2000, protection zones of collective intakes or Main Ground Water Reservoirs (GZWP).

Geological works project – when is it needed and what is the procedure?

For any well requiring formal approval, the key document is geological works project. It is on this basis that the relevant geological authority - the starosta or the voivodeship marshal, depending on the type of intake - verifies the validity and safety of the planned well.

The geological works project is prepared by an authorized geologist. It must include, among others: the location of the intake, the expected depth of the well, the planned daily water intake and the characteristics of the geological layers. Approval of the geological works project is made by way of an administrative decision and must precede the physical commencement of well construction - drilling is not allowed before obtaining this decision.

After approval of the geological works design and drilling, the well owner is obliged to submit as-built hydrogeological documentation and then - if appropriate - to obtain a water permit for groundwater abstraction. The step-by-step procedure is as follows:

1. Commissioning the development of a geological works project to an authorized geologist.
2. Submitting an application for approval of the geological works project to the competent geological authority.
3. Obtaining a decision approving the geological works project.
4. Order drilling to an authorized contractor.
5. Submission of as-built hydrogeological documentation.
6. Submitting an application for a water permit for Polish Waters (if water consumption exceeds the thresholds for ordinary water use) or an appropriate water law notification.
7. Obtaining a water permit for groundwater abstraction or accepting a notification.

If the intake conditions meet the definition of normal water use - depth up to 30 m and abstraction up to 5 m³ per day - stages 6 and 7 may not be required. However, it is always worth verifying this with a hydrogeologist or the Polish Waters unit before starting work.

What distances apply when locating a well?

Regardless of formal issues, the construction of a deep well must meet technical and sanitary requirements regarding location. The regulations specify minimum distances, the violation of which disqualifies the location of the intake:

• 5 meters from the plot border – sanitary requirement protecting groundwater against contamination from neighboring properties.
• 15 meters from residential buildings and waste tanks – applies to septic tanks, septic tanks and buildings whose sewage system could affect the aquifer. This distance protects the intake against microbiological contamination.
• 7.5 meters from the axis of the roadside ditch – drainage ditches and roadside ditches may be a place of runoff for surface pollutants, so the well must maintain a safe distance.

The depth of the well has a direct impact on water quality - deep wells drawing from deeper aquifers are usually better protected against surface contamination than dug wells. Still, each well requires proper well casing and hermetic sealing of the head at ground level. If the planned location violates any of the above distances, it is necessary to change the location or - in extreme cases - obtain an individual deviation, which in practice is difficult and rarely possible.

Legalization of wells – amnesty for owners of unreported wells?

On the day October 2025 A parliamentary bill amending the Water Law Act was submitted to the Sejm (sejm paper no. 1941). The project assumes temporary exemption from the legalization fee and conditional exemption from administrative fines for owners of wells and other water facilities constructed without the required water law permit or water law notification.

The mechanism is simple: the owner of an unreported well will submit an application for legalization of the intake until September 30, 2027, will be exempt from the legalization fee. For context: from January 1, 2026, this fee is: PLN 6,601.67. Moreover, the owner who legalizes this procedure will not be subject to an administrative fine, which - as real cases show - may reach up to PLN 60,000.

During the committee's deliberations, MP Małgorzata Gromadzka cited the example of a farmer from the Podlaskie Voivodeship who "due to the fact that he used his own well to water animals, he was fined PLN 60,000 because the water device was not legalized". It is estimated that even 40,000 farms – although the project covers all owners, not only farmers.

As of the date of publication of this article (May 2026), the amendment to the Water Law has not yet been adopted. He is waiting for the government's position, after which he will return to the committee's deliberations, and then to the Sejm and Senate. The legalization of unreported wells under this amnesty is therefore realistic, but the date and final shape of the regulations have not yet been determined. Owners of unregistered water intakes should follow the progress of legislative work.

Regardless of the amnesty, the Water Law imposes sanctions for illegal water withdrawal from an unreported intake. Polish Waters may order the suspension of water abstraction, mandatory legalization or even liquidation of a water facility if its location violates environmental or sanitary requirements.

Well on a farm – formalities and pump selection

For a farmer, a deep well is often the basic or backup source of water for the entire farm - for watering animals, irrigating crops, and sometimes also for domestic purposes. In times of frequent and long-lasting droughts, access to your own, reliable water intake may be a factor determining the smoothness of agricultural production. This is why retroactive legalization of wells is a topic that arouses so much interest in the agricultural community.

Legal water intake on a farm is not only a matter of avoiding fines. Registered well:

• enables the use of modernization and co-financing programs for agricultural infrastructure (subsidies for irrigation installations, irrigation systems),
• facilitates irrigation planning based on approved water intake limits,
• increases the safety of agricultural activities in the face of administrative controls,
• allows the water permit to be transferred to the buyer when selling the property.

From a pump selection perspective, wells on farms require special attention. Water consumption for watering animals or irrigating agricultural land can be much higher than in home installations - and therefore exceeds the thresholds that trigger the obligation to obtain a water permit more quickly. Our offer includes IBO i submersible pumps IPRO adapted both to small home water intakes and to intensive work on farms.

If you want to learn more about how to choose the right submersible pump for the operating conditions typical of a Polish farm, please read our dedicated article: We are choosing a water pump for a farm.

IBO submersible pump or IPRO after settling the formalities – how to choose the right device?

After regulating the legal status of the intake - either through the standard procedure for obtaining a water permit or through the planned amnesty for owners of unregistered wells - it is time to select the appropriate equipment. Our IBO deep well pumps are dedicated to work in domestic and light-industrial wells, while the IPRO are professional solutions: utility wells, large-area irrigation systems and installations requiring continuous operation.

The selection of a pump for a deep well should be based on data from hydrogeological documentation. The key parameters are:

• Dynamic water level in the well – the pump must operate above this level; the data results from hydrogeological documentation.
• Intake capacity (m³/h) – absolute limit that the pump should not exceed.
• Required system pressure – for typical home installations, usually 3–6 bar.
• Well pipe diameter – our IBO pumps are available in sizes from 2" to 6", which covers the vast majority of domestic and agricultural wells.
• Supply voltage – 230V (single-phase) and 400V (three-phase) versions, selected to suit the available electrical installation.
• Permitted daily water consumption – it must be consistent with the conditions of the water law permit or the submitted water law notification.

It is worth remembering that a pump selected with excessive efficiency may quickly violate the limits specified in the water permit, which exposes the owner to sanctions from Polish Waters. Our IBO i pumps IPRO are equipped with protection against dry running and overheating of the motor winding - protecting both the device and the structure of the well.

A complete installation of a deep well is not only a pump - it is also a hydrophore tank, a controller or pressure switch, check valves, a filter at the pump inlet and a control pressure gauge. All these elements can be found in the Dambat offer, selected for compatibility with our submersible pumps. More information can be found on the website dambat.pl or from your local distributor.

Groundwater protection – responsibility of the intake owner

The Water Law Act imposes not only formal obligations on the well owner, but also responsibility for the protection of groundwater as a common good. Groundwater is a renewable resource, but slowly – especially in deeper geological levels. Excessive water abstraction from local intakes, especially during drought, may permanently lower the aquifer level and affect neighboring intakes and the environment.

Each well should be equipped with a well casing that prevents surface water from penetrating into the aquifer. Deep water resources may be subject to administrative restrictions - Polish Waters has the right to order reduction or suspension of water abstraction in areas with documented water deficit. Owners of wells - both at home and on farms - should know not only their rights resulting from the water permit, but also their obligations regarding rational water management.

Registration of the intake in the hydrogeological records system (Central Hydrogeological Data Bank) is also a condition for transferring the water permit to the new owner of the property. Lack of such registration may complicate or block the sale of a plot with a well - which is worth remembering in advance.

Dambat – a trusted manufacturer of pumps and hydrotechnical equipment with quality certificates.

Frequently asked questions (FAQ) – legalization of deep wells in 2025 and 2026

Does every well have to be reported to Polish Waters?

Not every one. A well requires a water permit, especially if its depth exceeds 30 meters (Article 395 point 5 of the Water Law Act). Regardless of the depth, this obligation also occurs when the water drawn from the well exceeds 5 m³ per day or when the outlet is located in a protected zone - in such cases it is necessary to at least submit a water law notification. Shallower wells and those with low water consumption may be exploited as part of normal water use, but each situation should be verified individually with the appropriate Polish Waters unit.

What is the amnesty for owners of unreported wells and when will it come into force?

The parliamentary draft amendment to the Water Law (parliament bill no. 1941, submitted on October 17, 2025) provides for a temporary exemption from the legalization fee (PLN 6,601.67 from January 1, 2026) and a conditional exemption from an administrative fine - up to PLN 60,000 - for owners of wells and other water facilities constructed without the required permit or water law notification. The condition is to submit an application for legalization by September 30, 2027. As of the date of publication of this article, the project is waiting for the government's position and has not yet been adopted.

What distances must the well maintain from the border of the plot, buildings and ditches?

Sanitary and construction regulations specify the minimum distances: at least 5 m from the plot boundary, 15 m from residential buildings and waste tanks (septic tanks, composters) and 7.5 m from the axis of a roadside ditch. The depth of the well does not release you from the obligation to maintain these distances. Violation of the location requirements may be the basis for refusal to legalize the intake by Polish Waters.

Can a farmer legalize a well used for watering animals or irrigation?

Yes. The planned abolition is addressed primarily to farmers - its initiator, MP Małgorzata Gromadzka, cited in the Sejm the example of a farmer fined PLN 60,000 for using a well without legalization. It is estimated that up to 40,000 farms may benefit from the planned abolition. Importantly: legal water intake on the farm also enables the use of modernization programs and co-financing of irrigation infrastructure. Read more about selecting a pump for use on a farm on our blog: We are choosing a water pump for a farm.

When is a geological works project needed and who prepares it?

A geological works design is required for each well whose construction requires approval by the geological authority (starosta or voivodeship marshal). It is prepared by an authorized geologist and must include, among others: location, depth, planned water intake and geological characteristics of the area. Approval of the geological works project must take place before drilling begins - drilling a well cannot be commenced without this decision.

Which IBO submersible pump or IPRO choose for a deep well?

The selection of the pump should be based on data from the hydrogeological documentation: dynamic water level in the well, intake capacity (m³/h) and required pressure in the installation. Our IBO submersible pumps are available in sizes from 2" to 6", with a 230V and 400V power supply - which covers the vast majority of home and agricultural installations. Pumps IPRO are intended for applications requiring higher reliability and continuity of operation. Our technical department in Dambat will help you select a device for the parameters of a specific shot.

Where can you buy IBO i submersible pumps? IPRO produced by Dambat?

As a manufacturer, we do not sell directly to end customers. IBO i submersible pumps IPRO are available from our authorized trading partners, installation and sanitary wholesalers and online distributors in Poland. You can find a list of partners and product information on the website dambat.pl.