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

The question of the legal status of a deep well arises whenever regulations concerning water change—and rightly so, because the consequences of a mistake can be costly. As a manufacturer of deep-well pumps, we speak daily with installers and property owners who want to select the right equipment for their own water intake. Before we choose a pump, however, a fundamental question arises: Is my well operating legally?

We decided to gather in one place up-to-date information on the formal obligations related to the construction and use of wells in Poland, with particular focus on the amendment to the Water Law Act being processed by the Sejm since 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 only. It does not constitute legal or administrative advice. We always recommend consulting a hydrogeologist, a geological works designer, or the relevant Polish Waters authority.

When does a well require a water-law notification or permit?

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

• Well depth above 30 meters—a well deeper than 30 m requires a water-law permit for its construction. This requirement follows directly from Article 395(5) of the Water Law Act.
• Daily water extraction above 5 m³—if the water extracted from the well exceeds 5 m³ per day, regardless of its depth, the water intake must be legally regulated—in the form of a water-law notification or a full water-law permit, depending on the circumstances.

A well less than 30 meters deep, from which water extraction does not exceed 5 m³ per day, may be constructed as part of the so-called ordinary use of water by the landowner—without the obligation to obtain a permit or submit a water-law notification to the Polish Waters authority. In practice, however, the 5 m³ per day limit is easy to exceed: watering the garden, filling a swimming pool, or intensive use by a larger household can quickly approach this limit. It is therefore advisable to reliably estimate the planned water extraction before starting well construction.

The obligation to obtain a water-law permit may also arise regardless of the well's depth and water abstraction rate if the intake is planned near protected areas, NATURA 2000 sites, protection zones for collective water intakes, or Major Groundwater Reservoirs (GZWP).

Geological works plan—when is it required and what does the procedure look like?

For every well requiring formal approval, the key document is the geological works plan. On its basis, the competent geological authority—the county governor or the voivodeship marshal, depending on the type of intake—verifies the legitimacy and safety of the planned borehole.

The geological works plan is prepared by an authorized geologist. It must include, among other things, the location of the intake, the anticipated well depth, the planned daily water abstraction, and a description of the geological strata. The geological works plan is approved by an administrative decision, which must be issued before construction of the well physically begins—you must not start drilling before obtaining this decision.

After the geological works plan has been approved and the borehole has been drilled, the well owner is required to submit post-construction hydrogeological documentation and then—in applicable cases—obtain a water-law permit for groundwater abstraction. The procedure step by step is as follows:

1. Commissioning an authorized geologist to prepare the geological works plan.
2. Submitting an application for approval of the geological works plan to the competent geological authority.
3. Obtaining a decision approving the geological works plan.
4. Commissioning an authorized contractor to carry out the drilling.
5. Submitting post-construction hydrogeological documentation.
6. Submitting an application for a water-law permit to Polish Waters (if water abstraction exceeds the thresholds for ordinary water use) or submitting the appropriate water-law notification.
7. Obtaining a water-law permit for the abstraction of groundwater or having the water-law notification accepted.

If the intake conditions meet the definition of ordinary water use—up to 30 m deep and with an extraction rate of up to 5 m³ per day—steps 6 and 7 may not be required. However, it is always advisable to verify this with a hydrogeologist or a Polish Waters authority before starting work.

What distances apply when locating a well?

Regardless of formal requirements, the construction of a deep well must meet technical and sanitary requirements regarding its location. Regulations specify minimum distances, and violating them disqualifies the intake location:

• 5 meters from the property boundary—a sanitary requirement protecting groundwater from contamination originating on neighboring properties.
• 15 meters from residential buildings and wastewater tanks—this applies to septic tanks, watertight holding tanks, and buildings whose sewage systems could affect the aquifer. This distance protects the water intake from microbiological contamination.
• 7.5 meters from the centerline of a roadside ditch—drainage and roadside ditches can carry surface pollutants, so the well must maintain a safe distance.

The depth of a well directly affects water quality—deep wells drawing from deeper aquifers are generally better protected against surface contamination than dug wells. Nevertheless, every water intake requires a properly constructed well casing and hermetic sealing of the wellhead at ground level. If the planned location violates any of the distances listed above, the site must be changed or—in extreme cases—an individual exemption must be obtained, which in practice is difficult and rarely possible.

Well legalization—an amnesty for owners of unregistered water intakes?

In October 2025, a private members’ bill amending the Water Law Act was submitted to the Sejm (Sejm paper no. 1941). The bill provides for a temporary exemption from the legalization fee and a conditional exemption from administrative fines for owners of wells and other water facilities constructed without the required water permit or water-law notification.

The mechanism is simple: the owner of an unregistered well who submits an application to legalize the water intake by September 30, 2027 will be exempt from the legalization fee. For context, as of January 1, 2026, this fee amounts to PLN 6,601.67. Moreover, an owner who legalizes the facility under this procedure will not be subject to an administrative fine, which—as actual cases show—can reach as much as PLN 60,000.

During the committee proceedings, MP Małgorzata Gromadzka cited the example of a farmer from the Podlaskie Voivodeship who “because he used his own well to water animals, was fined PLN 60,000 because the water facility had not been legalized”. It is estimated that as many as 40,000 farms could benefit from the proposed amnesty—although the bill covers all owners, not just farmers.

As of the date of publication of this article (May 2026), the amendment to the Water Law has not yet been passed. It is awaiting the government’s position, after which it will return to committee proceedings and then proceed to the Sejm and Senate. The legalisation of unregistered wells under this amnesty is therefore a real possibility, but the timing and final form of the regulations have not yet been decided. Owners of unregistered water intakes should follow the progress of the legislative work.

Regardless of the amnesty, the Water Law imposes penalties for illegally abstracting water from an unregistered intake. Polish Waters may order the suspension of water abstraction, mandatory legalisation, or even the removal of the water facility if its location violates environmental or sanitary requirements.

A farm well – formalities and pump selection

For a farmer, a deep well is often the primary or backup source of water for the entire farm – for watering livestock, irrigating crops, and sometimes also for domestic purposes. In an era of frequent and prolonged droughts, access to an own, reliable water intake can be a decisive factor in maintaining the continuity of agricultural production. This is why the retrospective legalisation of wells is a topic attracting so much interest in the farming community.

A legal water intake on a farm is not only about avoiding a penalty. A registered well:

• enables participation in agricultural infrastructure modernisation and funding programmes (grants for irrigation installations and irrigation systems),
• makes it easier to plan irrigation based on approved water abstraction limits,
• increases the safety of running an agricultural business in the event of administrative inspections,
• allows the water permit to be transferred to the purchaser when the property is sold.

From the perspective of pump selection, wells on farms require special attention. Water consumption for watering livestock or irrigating farmland can be significantly higher than in domestic installations – and therefore exceeds more quickly the thresholds that trigger the obligation to obtain a water permit. Our range includes IBO and IPRO deep-well pumps designed both for small domestic water intakes and for intensive use on farms.

If you would like to learn more about how to choose the right deep-well pump for working conditions typical of a Polish farm, we invite you to read our dedicated article: Choosing a water pump for a farm.

IBO or IPRO deep-well pump after completing the formalities – how to choose the right device?

Once the legal status of the water intake has been regulated—whether 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 right equipment. Our IBO deep-well pumps are designed for use in residential and light-industrial wells, while the IPRO line offers professional solutions for utility wells, large-scale irrigation systems, and installations requiring continuous operation.

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

• Dynamic water level in the well – the pump must operate above this level; the data comes from the hydrogeological documentation.
• Intake capacity (m³/h) – an absolute limit that the pump must not exceed.
• Required system pressure – typically 3–6 bar for standard domestic installations.
• Well-pipe diameter – our IBO pumps are available in sizes from 2" to 6", covering the vast majority of residential and agricultural wells.
• Supply voltage – 230V (single-phase) and 400V (three-phase) versions, selected to match the available electrical installation.
• Permitted daily water extraction – must comply with the conditions of the water permit or the submitted water-law notification.

It is worth remembering that a pump selected with excessive capacity can exceed the limits specified in the water permit within a short time, exposing the owner to sanctions from Polish Waters. Our IBO and IPRO pumps are equipped with protection against dry running and motor-winding overheating, protecting both the device and the well structure.

A complete deep-well installation is not just a pump—it also includes a pressure tank, controller or pressure switch, check valves, a filter at the pump inlet, and a pressure gauge. You will find all these components in Dambat’s range, selected for compatibility with our deep-well pumps. More information can be found on the website dambat.pl or from a local distributor.

Groundwater protection – the responsibility of the water-intake owner

The Water Law imposes on well owners not only formal obligations but also responsibility for protecting groundwater as a common good. Groundwater is a renewable resource, but it replenishes slowly—especially in deeper geological strata. Excessive water extraction from local sources, particularly during droughts, can permanently lower the water table and affect neighboring intakes and the environment.

Every well should be equipped with a well casing that prevents surface water from penetrating the aquifer. Groundwater resources may be subject to administrative restrictions – Polish Waters have the right to order a reduction or suspension of water abstraction in areas with a documented water deficit. Well owners – both residential and agricultural – should know not only their rights under the water permit but also their obligations regarding the rational management of water resources.

Registering a water intake in the hydrogeological records system (the Central Hydrogeological Data Bank) is also a condition for transferring a water permit to the new owner of the property. The lack of such registration may complicate or prevent the sale of a plot with a well – something worth remembering in advance.

Dambat – a trusted manufacturer of pumps and water engineering 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 well. A well primarily requires a water permit when its depth exceeds 30 meters (Article 395(5) of the Water Law). Regardless of depth, this obligation also arises when the amount of water abstracted from the well exceeds 5 m³ per day or when the outlet is located in a protected area – in such cases, at least a water-law notification must be submitted. Shallower wells with low water abstraction may be operated as part of ordinary water use; however, each situation should be verified individually with the relevant Polish Waters authority.

What does the amnesty for owners of unregistered wells involve, and when will it take effect?

A parliamentary bill amending the Water Law (Sejm paper 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 – of up to PLN 60,000 – for owners of wells and other water facilities constructed without the required water permit or water-law notification. The condition is that an application for legalization be submitted by September 30, 2027. As of the publication date of this article, the bill is awaiting the government’s position and has not yet been enacted.

What distances must a well maintain from the property boundary, buildings, and ditches?

Sanitary and construction regulations specify minimum distances: at least 5 m from the property boundary, 15 m from residential buildings and wastewater facilities (septic tanks, compost bins), and 7.5 m from the centerline of a roadside ditch. The depth of the well does not exempt you from observing these distances. A breach of the location requirements may be grounds for the Polish Waters authority to refuse to legalize the water intake.

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

Yes. The planned amnesty is primarily intended for farmers—its initiator, Member of Parliament Małgorzata Gromadzka, cited in the Sejm the example of a farmer fined PLN 60,000 for using a well without legalizing it. It is estimated that as many as 40,000 farms could benefit from the proposed amnesty. Importantly, a legal water intake on a farm also enables access to modernization programs and funding for irrigation infrastructure. Read more about selecting a pump for use on a farm on our blog: Choosing a water pump for a farm.

When is a geological works plan required, and who prepares it?

A geological works plan is required for every well whose construction requires approval by a geological authority (the county governor or the voivodeship marshal). It is prepared by a licensed geologist and must include, among other things, the location, depth, planned water extraction, and the geological characteristics of the area. The geological works plan must be approved before drilling begins—it is not permitted to start constructing a well without this decision.

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

The pump should be selected based on data from the hydrogeological documentation: the dynamic water level in the well, the intake capacity (m³/h), and the required pressure in the installation. Our IBO submersible pumps are available in sizes from 2" to 6", with 230V and 400V power supplies, covering the vast majority of domestic and agricultural installations. IPRO pumps are intended for applications requiring higher reliability and operational continuity. Our technical department at Dambat can help select a device suited to the parameters of a specific water intake.

Where can I buy IBO and IPRO submersible pumps manufactured by Dambat?

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