Polish flat residents face a significant legal shift: balconies may soon be treated as common property rather than a private part of the flat. The government is working on an amendment to the premises ownership act that would change how these spaces are maintained and financed.
As the daily Fakt reports, the changes are in their final stage and could affect around 3.3 million people in Poland who live in buildings managed by homeowners’ associations. The proposed rules cover balconies, loggias, and terraces, and would classify key structural elements – including the balcony slab, insulation, and balustrades – as common parts of the building.
This means the community, rather than the individual apartment owner, would be responsible for the technical condition of these elements and for organising repairs. The usable balcony space itself would still be available for the resident’s everyday use.
No new restrictions on how residents use balconies
Shortly after the plans became public, concerns appeared that communities might gain new powers to restrict certain activities. According to Fakt, that is not the case. The draft does not grant homeowners’ associations any new authority to ban smoking or drying laundry on balconies.
– The draft resolves the long-standing issue of who is responsible for renovating balconies, but it does not give communities new powers to ban smoking or drying laundry – said Tomasz Błeszyński, a real estate market advisor, in an interview with Fakt.
Cost implications for flat owners
Although the rules do not limit how residents use their balconies, they may affect their budgets. Renovation work on balconies would be financed from the building’s renovation fund, which is maintained by the homeowners’ association. For an apartment of 50-60 square metres, such charges usually amount to about PLN 200 per month. If communities have to cover more balcony repairs, these monthly contributions may rise.
The new regulations are intended to settle disputes over repair obligations that often ended up in court. Residents would keep the right to use their balconies, but they would also take on a larger share of the costs connected with maintaining the whole building.
Źródło: WNP.PL, Fot. Shutterstock/Gold Picture
