Who is responsible for clearing snow from the sidewalks?

In winter, the weather can be unpredictable, with heavy rainfall and frost. Roads and sidewalks are often covered with a layer of snow. Dried, frozen snow quickly turns into ice, on which it is easy to slip. Who is responsible for clearing snow from the sidewalk ? What does Polish law say about this? Here is a collection of the most important facts.

Obligation to clear snow from the sidewalk - legal basis

The law in Poland regulates various issues related to clearing snow from pavements in urban, rural and private properties. The basic sources of information on when it is necessary to clear the sidewalk of snow and who should take care of it are the following acts:

• Act of September 13, 1996 on maintaining cleanliness and order in communes,
• Act of May 20, 1971. Code of offenses,
• Act of March 21, 1985 on public roads,
• Act of July 7, 1994 - Construction Law.

Detailed guidelines on the rules of who is to clear snow from the sidewalk in the countryside or in the city are also included in the resolutions of the commune and poviat. Current regulations related to the cleaning of pavements along state roads are also provided by the General Directorate for National Roads and Motorways. Let's check, therefore, who should clear snow from the sidewalk in front of the property and what is the risk of failing to do so.

Who is responsible for the sidewalk in front of the property?

The law clearly indicates who should clear snow from sidewalks in front of single- and multi-family houses. If the sidewalk is directly adjacent to a private plot, it should be cleared of snow by the owner of the land or an administrator authorized by him. And who clears snow from the sidewalk at the property of a public institution? In this case, cleaning works are organized by the manager of a given institution or an authorized external company.

And what if the pedestrian path is located at a certain distance from the plot boundary? It happens that between the fence and the pavement there is a drainage ditch, a lawn or a bus shelter. Then the obligation to remove snow falls on the commune or the road administrator. Owners of private property are not obliged to tidy up stops, bus bays and other facilities belonging to municipal transport companies or railways.

Clearing snow from sidewalks at the property - regulations

It is worth remembering that clearing snow from the sidewalk next to the property is a statutory obligation, and not an expression of the good will of the property owner. Failure to remove fresh snow and exposing passers-by to loss as a result of falling on a slippery surface is most often associated with a fine or a reprimand.

What are the snow removal regulations? The Act on maintaining cleanliness and order in municipalities clearly states that:

• Property owners ensure cleanliness and order by: removing mud, snow, ice and other impurities from pedestrian roads located along the property, where such a road is considered to be a separate part of a public road intended for pedestrian traffic located directly at the property border . (Article 5 of the Act).

The property owner is not obliged to clear snow from the street next to the property , nor does he have to clean the pedestrian road on which there is a paid car park or a parking lot for passenger cars.

The construction law also refers to the issue of removing snow from the pavement. The law says, among other things: that each property owner or manager is to ensure safe use of the facility. This provision applies to both buildings and their surroundings, including sidewalks. Deliberately not clearing snow from your property in winter can therefore be defined as putting others at risk.

How and when should the sidewalk be cleared of snow?

Is it mandatory to clear the sidewalk of snow ? Such an obligation exists and from the previous part of this article we already know that it is the task of property owners. However, the legislator does not regulate the frequency of cleaning the area adjacent to a private plot. So when should we order snow removal from the property? Let's interpret the rules with common sense. Remove snow on a regular basis so that it does not freeze and pose a threat to the safety of passers-by.

Removing snow can be very troublesome during frequent and intense rainfall. How to clear the sidewalk quickly and effectively? It is best to use road salt or its ecological substitute, magnesium chloride. Just sprinkle the surface and after a few minutes the snow starts to melt and turns into mud (which must also be removed!).

Clearing snow from the sidewalk and the green belt

What to do when the fence of our plot is located next to a road green belt, behind which there is a sidewalk? Who is responsible for clearing snow from the outside of the property , along with the greenery and the pavement? When the property is separated from the sidewalk by even a very narrow strip of vegetation, then, in accordance with Art. 5 of the aforementioned Act on maintaining cleanliness, the obligation to clear snow falls on the local commune.

If the pavement and the green belt belong to the road management, this unit is also responsible for clearing snow and ice from them. The provisions of the Act on Public Roads of March 21, 1985 shall then apply.