Explosives permit in Poland

An explosives permit in Poland is one of the key legal mechanisms designed to protect public safety in the acquisition, storage, use, and manufacture of substances that pose an increased risk to human life and health. The obligation to obtain such a permit rests primarily on entrepreneurs conducting business activities involving the use of explosives for civilian purposes, particularly in sectors such as construction, mining, geology, and geotechnics. The administrative procedure in this area is highly formalized and subject to numerous requirements, and its proper completion is a prerequisite for legally carrying out such activities.

Explosives Permit in Poland – What Does the Law Regulate?

The main legal act governing the handling of explosives for civilian use is the Act of 21 June 2002 on Explosives Intended for Civilian Use (Journal of Laws 2022, item 2378). The Act defines the conditions for acquiring, storing, using, and manufacturing explosives. It concerns explosives outside the military and police sphere.

The regulation includes in particular:

• acquisition of explosives intended for civilian use,
• storage of explosives, including requirements for technical facilities and equipment,
• use of explosives in business activities (e.g. blasting works, engineering works),
• production of explosives using the in situ method,
• moving and transporting explosives and supervising their safety.

When Is an Explosives Permit in Poland Necessary?

Under Polish law, an explosives permit is obligatory when an entrepreneur intends to:

• Buy, store, or use explosives intended for civilian use,
• Manufacture explosives in situ, i.e., at the location of their use.

Exceptions to the Permit Requirement

An explosives permit is not necessary if the entrepreneur holds a license for the manufacturing or trade of explosives and simultaneously meets detailed conditions specified in the Act on Explosives Intended for Civilian Use. Particularly, on safety measures and personnel qualifications. Each case requires an individual analysis of the scope of existing authorisations.

Who Issues the Explosives Permit, And Who Needs It?

Competent authority

The competent authority to issue an explosives permit is:

• the voivode – in relation to most business activities,
• director of the regional mining office – if the activity concerns geological works, mineral extraction, or blasting operations in mining facilities, under geological and mining law.

Who can obtain the explosives permit?

The authority may grant the permit to

• an entrepreneur who is a natural person,
• an entrepreneur other than a natural person (e.g. a company),
• scientific unit, with the appropriate application of the provisions of the Act.

Personal and organisational conditions

The authority may issue a permit if the entrepreneur meets specific conditions. For corporate entities, these conditions also apply to managers and proxies. They must be met simultaneously. The representatives:

• are not listed in the registers of insolvent debtors or in the National Register of Debtors,
• have not been guilty of an intentional crime or an intentional fiscal crime,
• have full legal capacity and do not show mental disorders,
• hire employees who meet the statutory requirements for access to explosives,
• have documented the fulfilment of the technical and organisational conditions for conducting business.

Formal Requirements of the Application

The application for an explosives permit should include, in particular:

• the applicant’s designation, registered office or place of stay,
• identification data of the entrepreneur and its representatives,
• National Court Register number (if applicable) and tax identification number,
• purpose of acquiring explosives,
• the place of storage and its conditions,
• the scope of work that will involve the use of explosives,
• the type and quantity of explosives the applicant may buy or store per year,
• in the case of in situ manufacturing, the type and quantity of materials produced.

The application should include, among others:

• documents specifying the legal form of the applicant,
• a statement of full legal capacity and no criminal record,
• medical and psychological certificates,
• an opinion confirming the fulfilment of technical and organisational conditions,
• certificates issued by the competent authorities. Unless storage takes place exclusively in underground warehouses.

Explosives Permit in Poland: Application Procedure – Step by Step

To better illustrate the course of the administrative proceedings, we present a summary of the key stages in the table. The administrative procedure for obtaining an explosives permit in summary:

1. Submission of a complete application to the competent authority.
2. Formal and substantive verification of documents.
3. Possible request for supplementation of missing information or extra explanations.
4. Control of compliance with technical and organisational conditions.
5. Payment of stamp duty (82 PLN, according to the Stamp Duty Act)
6. Issuance of an administrative decision.

The authority issues permits for an indefinite period of time, but its scope may be limited. For example, only for the purchase and use of explosives without the right to store them.

In uncomplicated cases, you can get the decision immediately.  In proceedings requiring explanation, the deadline may be up to 2 months.

When Can the Authority Refuse to Issue a Permit?

The administrative authority may refuse to grant a permit, in particular in the case of:

• failure to follow statutory requirements,
• threats to defence, national security or the environment,
• conducting bankruptcy or liquidation proceedings against the entrepreneur.

Both positive and negative decisions are communicated to other relevant institutions. This includes the Police, State Fire Service, sanitary authorities, and environmental protection authorities.

Effects and Limitations – What to Consider

Obtaining a permit means far-reaching responsibility. The holder of the permit must:

• meet the conditions of the administrative decision,
• keep records of explosives,
• ensure that safety requirements are met at all times,
• allow inspections by competent authorities.

Violation of regulations may result in permit revocation and administrative liability. In some cases, it may also lead to criminal liability.

Importance of the Permit for Investors

For high-risk sectors, an explosives permit is essential for legal operations in Poland. This also concerns foreign entities. Valid administrative decision confirms compliance with national and EU safety standards. It is crucial for infrastructure projects, public tenders, and public-sector cooperation.

Practical Tips for Entrepreneurs

When planning an activity with the use of explosives, it is worth to:

• verify at the investment planning stage whether a permit is obligatory,
• prepare technical and storage facilities in advance,
• complete personal and organisational documentation,
• take into account the duration of the administrative proceedings,
• check changes in regulations – explosives laws are periodically amended.

Explosives Permit in Poland – Summary

An explosives permit is a key element of public safety. It is a prerequisite for legally conducting business in sectors using high-risk materials. Proper application preparation reduces legal risks. It also facilitates a smooth administrative procedure.

Contact us

We offer comprehensive support in the analysis of legal obligations. We support the preparation of applications and documents, and represent before administrative authorities. Contact us if you need ongoing advice on explosives regulations.

FAQ About Explosives Permit in Poland