Revolution in Tenements: Housing Communities to Take Over Balconies and Raise Short-Term Rental Fees

The draft law prepared by the development ministry introduces a fundamental change in the perception of a unit's external elements. Until now, balconies and loggias had a "dual character" – their interior was considered part of the apartment, while structural elements were considered common property. This led to decision-making paralysis during facade renovations when owners refused to fund repairs of floors or insulation. The new regulations stipulate that the housing community will take full responsibility for the technical maintenance of these surfaces. While this will facilitate thermal modernization processes, experts predict the change will force increases in contributions to the renovation fund for all residents. Simultaneously, the draft targets the market segment of short-term rentals. Communities will gain a statutory tool to differentiate fee rates. Owners of units with high guest turnover will pay higher advance payments for the maintenance of stairwells, elevators, and cleaning. This is intended to address complaints from permanent residents about noise and property damage by individuals renting units through platforms such as Airbnb or Booking. The property manager will be able to impose such a fee if they demonstrate the real impact of the commercial activity on the increase in the building's operational costs. The issue of the legal status of balconies was for decades the subject of conflicting court rulings. In 2008, the Supreme Court ruled that structural elements are common property, but jurisprudence still left room for interpretation regarding finishing layers, which blocked thousands of renovations across Poland.100% — community responsibility for balcony renovationsThe draft also envisions streamlining the decision-making process in small communities and clarifying the rules for entrusted management. According to government sources, the new law is set to take effect in 2026, which will force thousands of managers to update regulations and economic plans. „Celem jest dostosowanie działalności wspólnot mieszkaniowych do zmian, jakie zaszły na rynku zarządzania nieruchomościami” (The goal is to adapt the activities of housing communities to the changes that have occurred in the property management market.) — Government representative. Commentators note that while the change is necessary, it will hit the pockets of both investors and ordinary tenants, who will have to collectively chip in for their neighbors' balconies. Change in Balcony Status and Costs: Responsibility for Renovation: Split between owner and community → Exclusive community responsibility; Financing Repairs: Often from private funds → From the renovation fund of all; Fee for Nightly Rental: Standard rate → Rate increased by usage costs

Perspektywy mediów: Emphasizes benefits for permanent residents and the ordering of legal chaos that blocked renovations of historic tenements and large-panel buildings. Draws attention to the increase in financial burdens for apartment owners and government interference in the freedom to dispose of private property.