Appealing a Sanepid Decision — Deadline, Procedure and Chances of Success [2026]

A Sanepid inspection ended unfavourably and you are holding a document you disagree with. What next? Many salon owners treat every letter from Sanepid as final -- yet Polish administrative law gives you concrete tools to defend yourself. The key is understanding the difference between a post-inspection report and an administrative decision, because these two documents operate under entirely different rules. This article explains when and how to appeal, what deadlines apply, and what your realistic chances of success are.

Post-Inspection Report vs Administrative Decision -- What Can Be Appealed

This is the most important distinction you need to know. After an inspection, Sanepid can issue two types of documents:

A post-inspection report (protokół pokontrolny) describes the inspector's findings -- what was observed, what was checked, what was deemed irregular. The report contains post-inspection recommendations but is not itself an administrative decision. You cannot appeal against it through the appeal procedure. You can, however, submit objections (zastrzeżenia) to the report within 7 days of signing it -- this matters because your objections enter the case file and can influence subsequent proceedings. Responding to the recommendations in the report (demonstrating that the irregularities have been corrected) is often the most effective way to close the matter without formal proceedings.

An administrative decision (decyzja administracyjna) is a binding act of authority -- it orders or prohibits specific actions (e.g. closing the salon, ceasing use of certain products, requiring renovation work). A decision is legally binding and enforceable. It is the administrative decision that you have the right to appeal.

Legal basis: Code of Administrative Procedure (KPA), Art. 127-140.

How and Where to Submit an Appeal

You have 14 days from the date of delivery of the decision to submit an appeal. The period runs from the day after delivery (Art. 57 KPA). If the decision was sent by registered post, the delivery date is the date you collected it, or the date of notification if you did not collect it (after 14 days from the first notification it is deemed delivered). Do not miss the deadline -- once it passes, the decision becomes final and is much harder to challenge.

Where to submit your appeal: you address the appeal to the higher-level authority, but through the authority that issued the decision. If the decision was issued by the District Sanitary Inspector (PPIS), you address the appeal to the Voivodeship State Sanitary Inspector (PWIS) -- but you physically submit or post it to the PPIS. The PPIS then forwards the case file to the PWIS. If you disagree with the PWIS decision, the next level is the Chief Sanitary Inspector (GIS).

What your appeal must contain:

• Your details (name, address, NIP or PESEL)
• Identification of the challenged decision (number, date, issuing authority)
• Scope of the challenge (whether you are appealing the entire decision or part of it)
• Specific grounds: factual errors (the inspector recorded something that did not exist), procedural errors (you were not given the opportunity to participate actively in proceedings, not all evidence was gathered), legal interpretation errors (a provision was applied that does not apply to your situation)
• Evidence supporting your grounds: photographs taken on the date of inspection, invoices for purchase of required items, expert opinions, certificates, service reports
• Your request -- what you are seeking: annulment of the decision, its modification, or discontinuation of proceedings

The PWIS has 30 days to consider the appeal (Art. 35 KPA). If the case is particularly complex -- 60 days.

Suspending Enforcement and Further Steps

Submitting an appeal does not automatically suspend enforcement of the decision (Art. 130 §3 KPA). If the decision orders, for example, closure of a specific workstation, you must comply despite the ongoing appeal -- unless you submit a request to suspend enforcement of the decision. The PPIS or PWIS may grant this request if you demonstrate a risk of irreparable harm from enforcement.

Further levels after the PWIS decision:

• Request for reconsideration by the GIS (if the PWIS acted as first instance) or appeal to the GIS (if the PPIS was first instance and PWIS was second)
• Complaint to the Voivodeship Administrative Court (WSA) -- deadline 30 days from delivery of the final decision, court fee approximately 200 PLN
• Cassation complaint to the Supreme Administrative Court (NSA) -- only in cases involving violation of substantive or procedural law

Practical tips: before deciding on a formal appeal, assess the situation calmly. Is the error on Sanepid's side, or did a violation actually occur? If a violation took place but has already been corrected -- it is often better to demonstrate this in response to the report's recommendations rather than pursuing lengthy appeal proceedings. A formal appeal makes most sense when: the decision is based on incorrect factual findings, the authority exceeded its powers, or the sanction is disproportionate to the violation. For administrative decisions it is worth consulting a legal adviser or attorney specialising in administrative law -- the cost of a consultation (200-500 PLN) is a fraction of potential proceedings costs and losses from an unjustified decision.

Frequently Asked Questions (FAQ)

What if I disagree with the report but have not yet received a decision?

Submit objections to the post-inspection report within 7 days of signing it. This is your opportunity to put your position on record in the case file. At the same time, correct the identified irregularities as quickly as possible and send Sanepid written notification of their correction with supporting documents (photographs, invoices). Many cases end at this stage without an administrative decision being issued.

Is the appeal procedure free of charge?

Administrative proceedings before the PPIS and PWIS are free of charge. Costs arise when challenging a decision before the WSA (court fee approximately 200 PLN) and the NSA (higher fee depending on the value of the case). At the court stage it is worth having a legal representative, which entails their fees.

How long does the entire appeal procedure take?

The PWIS has 30-60 days to consider the appeal. If the case reaches the WSA, proceedings typically take 6-18 months. The NSA adds another 1-2 years. This is a long process, which is why resolving the dispute at the administrative stage (PWIS) is significantly more efficient than going to court.

Can I keep running my salon during the appeal procedure?

It depends on the content of the decision. If the decision orders closure of the salon or a specific workstation -- you must comply, unless you have obtained a suspension of enforcement. Operating in breach of an administrative decision risks administrative enforcement action and additional criminal proceedings.

Sanepid did not give me the opportunity to provide explanations during the inspection. Is that a procedural violation?

Yes -- Art. 10 of the KPA guarantees the party active participation in proceedings, including the right to submit explanations and to review the evidence gathered. Violation of this provision is a serious procedural ground that can be raised in the appeal and may result in the decision being annulled by the higher-level authority.