How to legally use your own well? A homeowner’s guide (2025)
1. Ordinary use of water—when you do not need a permit
Under the Water Law, a landowner has the right to so-called “ordinary use of water.” This means that, without additional formalities, you may:
- construct a well up to 30 meters deep,
- abstract water in an amount of up to 5 m³ per day (annual average),
- use it solely for the needs of your own household or farm.
Important: this water may not be sold or made available to other entities.
2. When is a water-law permit required?
A water-law permit is required if:
- the well depth exceeds 30 m,
- water abstraction is greater than 5 m³ per day,
- the water is used for business activities.
Failure to obtain a permit in such cases carries administrative and financial penalties.
3. Penalties for illegal water abstraction—what do well owners face?
Illegal abstraction of groundwater, for example without a permit for a well deeper than 30 m or for abstraction exceeding 5 m³/day, carries serious consequences. Polish Waters may impose increased administrative fees calculated at rates many times higher than the standard ones. In extreme cases, an order may also be issued to close the intake and restore the land to its original condition. The financial penalty may range from several thousand to tens of thousands of zlotys—ensuring that the well is legal is therefore much cheaper and safer.
4. Documents required for a water-law permit
An application for the issuance of a permit (Articles 389–396 of the Water Law) requires a number of documents to be attached:
- Application (Polish Waters form).
- Water-law report – descriptive and graphical.
- Document confirming the legal title to the property.
- Excerpt and extract from the local zoning plan (MPZP) or a zoning decision (WZ).
- Agreements with the owners of adjacent land (if the installation runs through someone else’s property).
- Environmental decision (if required).
- Proof of payment of the stamp duty.
- Specialist well design with an occupational health and safety description and the required clearances (§31 WT).
- Water abstraction monitoring and metering plan.
A water-law report is the essential document that must be submitted together with an application for a water-law permit. It consists of a descriptive section (the purpose and method of using water, abstraction characteristics, and environmental impact) and a graphical section (maps, diagrams, and installation cross-sections). It must be prepared in accordance with the requirements of Polish Waters, and it is often developed by specialized design offices. Proof of rights to the property, excerpts from the local zoning plan or a zoning decision, and the well’s specialist design are also attached to the report. A complete report ensures that the permit can be obtained smoothly.
5. Minimum distances from structures
The well must be located in accordance with §31 of the Technical Conditions (Regulation of the Minister of Infrastructure of 12 April 2002). For a drinking-water well, the following requirements apply, among others:
- 5 m from the property boundary,
- 7,5 m from the ditch centerline,
- 15 m from livestock buildings, silos, and watertight tanks,
- 30 m from sewage infiltration pipes,
- 70 m from animal enclosures and filter fields.
6. Good practices for well placement and operation
- Choose a location at the highest point of the plot.
- Keep the well away from a septic tank, manure storage area, or compost bin.
- Ensure a watertight casing and a slope of the ground away from the well.
- Install a water meter—it will help avoid exceeding the permitted limits.
- Have the water tested every 2 years (microbiology, iron, manganese).
7. Wells during droughts—why monitoring matters
Climate change is causing periodic droughts to become increasingly frequent. In such conditions, it is important to use your own well responsibly and economically. The simplest solution is to install a water meter or flow meter that allows you to control extraction and avoid exceeding the limits. It is also worth using pumps with controllers VFD – they maintain constant pressure and reduce energy consumption. Dry-run protection and pump operation monitoring not only help meet legal requirements but also protect the well during periods of low water levels.
Local restrictions on groundwater extraction are becoming increasingly common. That is why installers recommend systems with:
- water consumption metering,
- dry-run protection,
- variable frequency drive (VFD) control for energy efficiency.
These are solutions you can find in IBO and IPRO pumps.
8. Why is it worth preparing?
- Documents and permits are not just a formality—they also provide protection against penalties.
- Proper well placement protects drinking water from contamination.
- Good operating practices extend the service life of the pump and the entire installation.
Documents needed to legally dig your own well
To obtain a water permit for a well deeper than 30 m or for water extraction exceeding 5 m³/day, a complete set of documents is required. Below is a list together with the legal basis:
| Document | Legal basis / source |
|---|---|
| Application for a water-law permit (Polish Waters form) | Water Law – Articles 389–396 |
| Water-law report – descriptive section (purpose, abstraction volume, environmental impact) | Water Law – Articles 409–410; Polish Waters guidelines |
| Water-law report – graphical section (maps, cross-sections, installation diagrams) | Polish Waters (gov.pl) – requirements diagram |
| Document confirming legal title to the property (e.g. land and mortgage register, notarial deed, lease) | Civil Code; administrative practice |
| Extract and drawing from the local spatial development plan or a decision on development conditions (WZ) | Act on Spatial Planning and Land Development |
| Arrangements/consents from owners of adjacent land (if the installation crosses someone else’s land) | Civil law |
| Environmental decision (if required for the project) | EIA Act (on environmental impact assessments) |
| Proof of payment of stamp duty | Act on Stamp Duty |
| Industry design for the well/installation (including OHS description and minimum distances under WT §31) | Regulation of the Ministry of Infrastructure of 12 April 2002 |
| Abstraction monitoring and metering plan (e.g. water meter, flow meter) | Water Law – user obligations |
FAQ — How to legally use your own well (2025)
Below you will find the most frequently asked questions and answers. Click to expand.
Does my well require a water-law permit?
No, if you meet all the conditions for “ordinary use of water”: depth up to 30 m, abstraction up to 5 m³/d (annual average), and exclusively for your household’s own purposes (without selling or making it available to others).
Yes — if any condition is exceeded (depth >30 m, abstraction >5 m³/d, or use for business activities).
How is the 5 m³/d “annual average” limit calculated?
This is the daily average over 365 days. Example: 900 m³ during the season and 0 m³ outside the season gives 900/365 ≈ 2.47 m³/d — the limit is met.
- Install a water meter.
- Record readings monthly and calculate the annual average.
- When the forecast exceeds 5 m³/day, begin the permit procedure.
What does “ordinary use of water” mean, and what is prohibited?
This is private use of water for a household/agriculture on your own property. You may not sell the water, supply it to someone else’s business, or use it in business processes without a permit.
If your business uses it (e.g. a guesthouse, greenhouse), a water permit will be required.
How should the “up to 30 m” well depth be understood, and how can it be proven?
This refers to the depth of the borehole measured from ground level to the bottom of the well. Not to the water level or the pump position.
Keep the borehole record/drilling log—it is evidence during an inspection.
How should minimum distances be measured when locating a well?
For a drinking-water well (WT §31): 5 m from the property boundary, 7,5 m from the ditch centerline, 15 m from livestock buildings/silos/airtight tanks, 30 m from infiltration pipes and 70 m from runs/filter beds.
If the plot does not allow the required distances to be met, the layout must be redesigned (e.g. by relocating the infiltration pipes).
What documents will be needed for a water permit?
- Application (Polish Waters form) + proof of payment.
- Water law report (description + graphic section).
- Legal title to the property, local zoning plan/development conditions, and, if applicable, an environmental decision.
- Well engineering design (occupational health and safety, distances under §31), metering plan.
- Agreements with landowners (if the installation crosses someone else’s land).
What are the consequences of illegally extracting groundwater?
Administrative increased charges, an order to stop using the water intake, restoration of the site, and financial penalties are possible.
Protect yourself: water meter + reading log, complete technical documentation and—if increased consumption is planned—submit a permit application in advance.
How can I use a well during a drought and protect the pump?
- Monitor water consumption and level; limit watering during hot weather.
- Install dry-run protection and a VFD (constant pressure, lower energy consumption).
- Consider rainwater retention to reduce the load on the water intake.
How can I document legality in case of an inspection?
- Drilling log (depth), site plans with dimensions from property boundaries/ditch/installation.
- Water test reports, water meter reading log (annual average ≤ 5 m³/day).
- Service invoices/contracts and pump/installation documentation.
