If you notice cracks in your walls, your building is settling, the ground is shifting, or your installations are failing, the cause may be mining damage. Such damage often results from a mining company’s operations. They can appear either immediately after the mining works or many years later.
Mining tremors, rock mass deformation, and post-extraction voids can cause ground movement. This movement affects buildings and infrastructure. Property owners are not left without protection. The law provides a special liability regime for mining damage. It also makes it easier to pursue compensation claims.
In this guide, we explain:
- What mining damage is and what types of defects it includes
- Who is responsible for mining-related damage
- How the claim procedure works step by step
- What rights does the injured party have
- What mistakes can weaken your case
Table of Contents
- Mining Damage – Legal Basis and Liability Rules
- What Types of Mining Damage Are Covered by Compensation?
- Who Is Responsible for Mining Damage?
- How to Report Mining Damage – Step by Step
- Checklist of Documents Required for Mining Damage Notification
- Amicable Settlement Proceedings – A Mandatory Stage Before Court
- Repair of Mining Damage or Financial Compensation?
- Additional Rights of the Injured Party
- Deadlines And Limitation Period
- Court Proceedings – When Are They Necessary?
- Most Common Mistakes Made by the Injured Party
- Mining Damage – Summary
- FAQ – Mining Damage
Mining Damage – Legal Basis and Liability Rules
Liability for mining damage in Poland is regulated by the Geological and Mining Law of 9 June 2011. (Consolidated text: Journal of Laws 2026, item 69)
This law introduces a special model of liability. A property owner cannot object to lawful mining operations. However, they have the right to demand compensation for damage caused by the work of a mining plant.
If the Act does not regulate a matter, the provisions of the Polish Civil Code apply. This includes rules concerning:
- The method of repairing damage
- Compensation liability
- Prevention of imminent damage
It is important to note that liability for mining damage is objective in nature. The injured party does not need to prove fault. They only need to prove a causal link between the damage and the mining operations.
What Types of Mining Damage Are Covered by Compensation?
Mining damage may affect buildings, infrastructure, land, and the real value of property. The most common types include:
- cracks in load-bearing and partition walls;
- cracks in ceilings and lintels;
- tilting or deformation of the building structure;
- subsidenceof foundations;
- loss of door and window tightness;
- damage to roofs and chimneys;
- deformation of floors;
- damage to water and sewage, gas, and electrical installations;
- ground subsidence and deformation;
- damage to fences, driveways, and utility connections;
- destruction of gardens and crops;
- decrease in property value.
Even small cracks should be documented. Minor defects may show progressive deformation. They can lead to serious secondary damage.
Who Is Responsible for Mining Damage?
Liability of the Mining Entrepreneur
In most cases, liability lies with the entrepreneur operating the mining plant that caused the damage.
What If It Is Impossible to Identify the Responsible Party?
Sometimes it is impossible to determine which mining plant caused the damage. In such cases, liability may fall on the entrepreneur who conducted mining activities in the area on the date the damage was discovered.
This solution protects injured property owners. It prevents situations where identifying the actual operator would be impossible.
Liability of the State Treasury
If the mining operator no longer exists and has no legal successor, claims may be brought against the State Treasury. The State Treasury is usually represented by the competent mining supervision authority.
How to Report Mining Damage – Step by Step
1. Secure Evidence
Proper documentation is crucial. You should:
- Take photos and videos
- Record the date when the damage was noticed
- Document the progression of cracks and deformation
- Keep invoices for temporary repairs
- Consider obtaining an expert construction opinion
2. Prepare the Damage Notification
The notification should include:
- Details of the property owner
- Property address and description
- Detailed description of the damage
- Date of discovery
- Requested method of repair
- Photographic documentation
- Cost estimates or preliminary valuations
3. Submit the Claim to the Relevant Entity
The claim should be submitted to the mining entrepreneur operating in the area.
If no such entity exists, the claim may be directed to the State Treasury.
Checklist of Documents Required for Mining Damage Notification
| Document | Why Is It Important? | Practical Minimum |
| Photographs of the damage | Show the extent of the damage | General photos and close-ups |
| Description of the damage | Documents the development of the damage | Date and course of events |
| Technical opinion | Confirms the cause of the damage | Brief expert report |
| Repair cost estimate | Justifies the amount of the claim | 1–2 quotations |
| Invoices and receipts | Confirm the costs incurred | Invoices for repairs |
Amicable Settlement Proceedings – A Mandatory Stage Before Court
Before filing a lawsuit, amicable (settlement) proceedings are necessary. Court proceedings may begin if:
- The entrepreneur refuses to conclude a settlement
- The entrepreneur does not respond within 30 days
- The parties fail to reach an agreement
The purpose of amicable proceedings is to resolve the dispute quickly. It is usually less costly than court litigation.
During negotiations, you should:
- Request an inspection report
- Verify cost estimates
- Check the scope and standard of repair works
- Include secondary damage
- Set deadlines and liability rules
Repair of Mining Damage or Financial Compensation?
Damage may be remedied in two ways:
- Restoration to the previous condition
- Monetary compensation
| Solution | When Is It Beneficial? | Risk | What Should Be Established? |
| Repair | Damage that can be remedied | Underestimated scope of works | Standard, deadlines, warranty |
| Compensation | Repair is impossible or not cost-effective | Underestimated amount | Full scope of costs |
If restoring the previous state is impossible or entails high costs, the claim is limited to monetary compensation.
In practice, it is also possible to:
- cover the costs of self-performed repairs by the owner;
- have the property purchased by the operator (in extreme cases);
- receive compensation for the decrease in property value.
Additional Rights of the Injured Party
In certain situations, the injured party may:
- Request protection of the property against further damage
- Demand preventive measures
- Claim compensation for secondary damage
- Seek compensation for loss of property value
Deadlines And Limitation Period
As a rule, claims for mining damage become time-barred after 5 years from the date the injured party became aware of the damage.
For damage that occurred before 2012, earlier regulations may apply.
Damage may become visible many years after mining operations have ended. Therefore, careful analysis of dates and documentation is essential.
Court Proceedings – When Are They Necessary?
If no settlement is reached or the proposed terms are unfavourable, a lawsuit may be filed.
Key evidence in court includes:
- Expert court opinions
- Damage notification documentation
- Technical reports
- Repair cost estimates
- Consistent and coherent evidence
An important advantage is that the injured party is exempt from court fees.
Most Common Mistakes Made by the Injured Party
Frequent mistakes include:
- Reporting the damage too late
- Lack of photographic documentation
- Signing an unfavourable settlement
- Ignoring secondary damage
- Lack of a cost estimate or technical opinion
- Failing to monitor the progression of defects
Avoiding these mistakes increases the chances of obtaining full compensation.
Mining Damage – Summary
Mining damage can significantly reduce building safety. It can also decrease property value. However, Polish law provides strong legal protection. Property owners have the right to seek full compensation.
Quick action and proper documentation are crucial. Knowledge of the procedure increases your chances of success. From the initial notification to settlement negotiations and possible court proceedings – each stage matters. A properly conducted case significantly improves the likelihood of obtaining full compensation.
Do You Need Legal Advice?
If your property has been damaged due to mining operations, consult a lawyer specialising in similar cases. Professional legal analysis, negotiation support, and court representation can increase your chances. Contact us to discuss your case.
FAQ – Mining Damage
Does every wall crack indicate mining damage?
No. You must prove a link between the damage and mining operations.
Can damage appear many years later?
Yes. Rock mass deformation may become visible long after mining has ended.
Who pays compensation if the mine no longer exists?
In certain situations, it may be the State Treasury.
Must I report the damage before going to court?
Yes. Amicable proceedings are mandatory before filing a lawsuit.
Can I request money instead of repairs?
Yes. This is particularly justified when repair is impossible or economically unreasonable.
