Mining damage – how to claim repair or compensation

Published: November 2026 · Advocate Krzysztof Tomaszek

Cracked walls, a building tilting out of plumb or damaged utilities may be caused by the operation of a mine. Below is a general outline of how such damage can be claimed under Polish law.

Legal basis

Liability for damage caused by the operation of a mine is governed by the Polish Geological and Mining Law of 9 June 2011 (Prawo geologiczne i górnicze, Part VIII “Liability for damage”), supplemented by the Civil Code. The Act primarily provides for repair by restoring the property to its previous condition and, in certain situations, for monetary compensation.

Step 1: document the damage

• take photos or videos of the damage and note the date you first noticed it,
• collect the building’s documents: design, building permit, records of earlier repairs and protective measures,
• keep all correspondence, inspection reports and cost estimates,
• where necessary, consider an opinion from a building surveyor.

Step 2: file a claim with the mining company

The claim is addressed to the company whose mining operations caused the damage. It is advisable to file it in writing, with proof of delivery, describing all the damage noticed and everything you are claiming. Any later lawsuit should correspond to what was claimed. In special cases, e.g. where the mine has been closed down, the State Treasury may be liable.

Step 3: the settlement stage

Under the Geological and Mining Law, a claim may be pursued in court only after the settlement procedure has been exhausted. This condition is met when the company refuses to settle or 30 days have passed since the claim was sent to it (unless the injured party set a longer deadline). A settlement made in the form of a notarial deed is enforceable.

Step 4: court proceedings

If no settlement is reached, the case is heard by a civil court, where an expert opinion usually plays a major role. Under the rules on court costs in civil cases, a person claiming redress for mining damage is exempt from court fees; this does not cover any reimbursement of the other party’s legal costs.

Limitation period

Under the rules in force in November 2026, claims for mining damage become time-barred 5 years from the day the injured party learned of the damage. Notifying the mining company does not, as a rule, interrupt the limitation period, so it is best not to leave the matter until the end of that period.