A foreign investor signs a preliminary agreement for a Warsaw logistics park. The site looks clean. Permits are in order. Then, two weeks before closing, a Phase II soil assessment reveals hydrocarbon contamination from a former fuel depot – and the deal collapses. This scenario repeats itself more often than buyers expect in Poland, where decades of industrial activity left a legacy that title searches alone cannot detect.

Environmental due diligence is a mandatory step before acquiring or leasing commercial real estate in Poland. Polish environmental law imposes strict liability on the current landowner for historical contamination, regardless of who caused it. Buyers who skip soil and groundwater screening risk inheriting cleanup obligations that can exceed the purchase price.

This alert covers three essentials: what the Polish regulatory framework now requires, which transactions cross the threshold for full environmental screening, and the immediate steps buyers and tenants must take before signing.

What does Polish environmental law require from property buyers?

Polish environmental legislation assigns remediation liability to the current site owner. This means a buyer who closes without environmental screening becomes responsible for any contamination discovered after transfer – even if the pollution predates their ownership by decades. The Prawo ochrony środowiska (Environmental Protection Law, POŚ) and the ustawa o zapobieganiu szkodom w środowisku (Environmental Damage Prevention Act) together form the core liability framework. The Regional Directorate for Environmental Protection (Regionalna Dyrekcja Ochrony Środowiska, RDOŚ) and the Chief Inspectorate for Environmental Protection (Główny Inspektorat Ochrony Środowiska, GIOŚ) are the two principal enforcement bodies. The National Court Register (KRS) records can reveal whether a seller has faced prior environmental enforcement actions.

Remediation orders issued by RDOŚ carry a statutory deadline of 30 days for the new owner to submit a remediation plan once contamination is formally identified. Failure to comply triggers daily administrative fines. More critically, the obligation runs with the land – it cannot be contractually transferred to a seller after title passes. That is the irreversible consequence buyers underestimate.

The framework also covers groundwater. Contamination that migrates off-site can trigger liability toward neighbouring landowners and municipalities. A single contaminated acquisition can therefore generate multiple enforcement proceedings simultaneously.

Which transactions require full environmental screening?

Not every property purchase demands a Phase II intrusive investigation. The threshold question is whether the site's historical use creates a plausible contamination pathway. Polish practice – aligned with international Phase I/Phase II methodology – identifies three categories that always require full screening: former industrial sites, petrol stations or fuel storage areas, and land adjacent to military installations. For these categories, skipping Phase I and proceeding directly to Phase II is increasingly standard among institutional buyers.

We secured a reversal of a remediation cost allocation exceeding PLN 3m for a manufacturing client acquiring a brownfield site in Silesia (autumn 2025). The Phase II report, commissioned before signing, identified contamination that allowed the buyer to renegotiate the price and include a seller-funded escrow for cleanup costs. Without that report, the buyer would have absorbed the liability entirely.

For greenfield sites and office buildings with no prior industrial use, a Phase I desktop review – covering historical maps, aerial photographs, and regulatory registers – typically suffices. Phase I takes 10 to 15 working days. Phase II, where required, adds 4 to 8 weeks depending on site size and laboratory turnaround. Both timelines must be built into the transaction schedule from day one.

Commercial lease transactions are not exempt. A tenant taking a long-term lease (typically 10 years or more) over an entire industrial building should conduct at minimum a Phase I review. For guidance on structuring lease due diligence, see our analysis of key points for office lease review.

What immediate actions should buyers take before closing?

Three steps must happen before any purchase agreement is signed. First, instruct a Phase I environmental site assessment immediately after the letter of intent is executed. Do not wait for the preliminary agreement. Phase I findings determine whether Phase II is needed – and Phase II results determine whether the deal proceeds at all. Building this sequence into the exclusivity period protects the buyer without extending the overall timeline unnecessarily.

Second, check the GIOŚ contamination register and the relevant RDOŚ database for the specific cadastral parcel. Both registers are publicly accessible. A parcel already listed as a historical contamination site (historyczne zanieczyszczenie powierzchni ziemi) triggers mandatory remediation obligations that attach to the buyer on closing. Discovering this at the register stage costs nothing. Discovering it after title transfer costs everything.

Third, negotiate environmental representations and warranties into the preliminary and final sale agreements. These should cover: absence of known contamination, no pending RDOŚ enforcement proceedings, and seller indemnification for pre-closing contamination discovered within a defined period – typically 36 months post-closing. Our team obtained interim contractual protections for a German investor acquiring logistics assets in Lower Silesia (spring 2026), including a seller-funded environmental escrow of EUR 500,000 held for 24 months.

What to prepare before instructing environmental due diligence:

  • Cadastral parcel numbers and land register (KW) extracts for all parcels
  • Historical use documentation – planning records, aerial photographs, prior permits
  • Seller's disclosure on any prior environmental investigations or enforcement
  • Transaction timeline showing exclusivity period and target closing date
  • Draft preliminary agreement for review of environmental liability allocation clauses

Data protection obligations can also arise during due diligence if the target holds personal data linked to the site. For context on Polish regulatory enforcement trends, see our overview of GDPR fines and UODO enforcement. Cross-border investors should also review how environmental lease obligations compare across markets – our UAE office lease review guide illustrates how due diligence frameworks differ by jurisdiction.

Specific situations require tailored analysis. If your transaction involves a brownfield site, a site with prior industrial permits, or a parcel adjacent to a former military zone, the standard timeline and cost assumptions do not apply. Contact info@kordeckipartners.com to discuss the environmental due diligence structure for your acquisition before the preliminary agreement is signed.

Frequently asked questions

Q: Can a buyer contractually shift environmental liability to the seller after closing?

A: Polish law does not permit the transfer of public-law remediation obligations to a third party. A buyer who takes title becomes the liable party in the eyes of RDOŚ, regardless of what the sale agreement says between the parties. Indemnification clauses protect the buyer commercially but do not extinguish the administrative obligation. This is why pre-closing Phase II screening – not contractual protection alone – is the only reliable safeguard.

Q: How long does a Phase I environmental assessment take, and what does it cost?

A: A standard Phase I desktop review takes 10 to 15 working days and typically costs between PLN 8,000 and PLN 20,000 depending on site complexity and the number of parcels. Phase II intrusive investigation adds 4 to 8 weeks and costs significantly more – from PLN 30,000 upward for a mid-size industrial site. Both costs are negligible relative to the remediation liability they can prevent.

Q: Is environmental due diligence required for residential property purchases in Poland?

A: There is no statutory obligation to conduct Phase I or Phase II assessments for residential purchases. However, buyers of residential plots in areas with prior industrial or agricultural use – particularly near former state farms or chemical plants – face the same strict liability rules as commercial buyers. Individual buyers who skip environmental screening on such plots have no statutory protection if contamination is later discovered. Professional advice before signing is strongly recommended in any case involving non-urban land.

About KORDECKI & Partners

KORDECKI & Partners is a law firm based in Warsaw and Krakow, advising business clients across 30 jurisdictions. Our team combines expertise in Polish and international law with a practical approach to real estate transactions, environmental due diligence, and construction disputes. We work with Polish entrepreneurs, foreign investors, and in-house legal teams. To discuss your situation, contact info@kordeckipartners.com.

Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. KORDECKI & Partners assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@kordeckipartners.com.