An apartment to live in, not to earn money. The government is tightening the screws on investors

Poles began to interpret the regulations on housing relief too broadly and use it for investment purchases. At the beginning of the new year, the Ministry of Finance plans to return to the original assumptions of the relief – support for people who actually meet their own housing needs. The regulations may enter into force on January 1, 2026.

Why are changes being made?
What exactly does the new law change?
Exceptions provided for in the regulations
What remains the same?
Who will gain and who will lose?
Will the regulations stop the price increase?
When will the changes come into force?
Expert tip: watch out for deadlines
Is this the end of flipping in Poland?
FAQ – frequently asked questions

The real estate market in Poland is on the verge of one of the most important corrections in recent years. For a long time, the housing relief was used more widely than the legislator intended – it became a tool for tax optimization of flippers and investors buying apartments for profit. The government decided to put an end to this by returning to the original function of the provision: support for people who actually meet their own housing needs.

Why are changes being made?

Over the years, the vague concept of “residential purposes” has allowed for creative interpretations. In practice, this meant that enough was enough move in for a weekto avoid tax on the sale of an apartment before the expiry of five years.

As the expert comments:

– Originally, the relief was intended to support people actually improving their housing conditions, and not participants of the investment market – says legal counsel Katarzyna Siwiec. – Today, however, many people buy apartments with the intention of renting or quick resale, and yet they benefit from the relief because it is enough for them to formally declare that the premises are intended for housing. It was enough to “move in” for a week to consider that the housing goal had been achieved. In this way, tax was avoided. Moreover, you could take advantage of the relief if you had several apartments.

This led to systemic competition between residents looking for a roof over their heads and professional investors.

What exactly does the new law change?

After the new regulations come into force, the housing relief will only apply to people who: they do not own any other residential property. If the taxpayer has a second premises, he will not receive the relief. Unless he acts a certain way…

– Additionally, the project assumes that someone who owns more than one apartment will still be able to benefit from the relief if, within three years of the sale, they make a donation of the property to their children, grandchildren, the State Treasury or the commune. For example, if someone sells an apartment but has another one – previously purchased as a rental investment – they will no longer benefit from the housing tax relief. However, he can keep it if, within three years of purchasing the new one, he hands over the second premises, e.g. to his children – says Katarzyna Siwiec, legal advisor and tax advisor.

This means a real sealing of the system.

Exceptions provided for in the regulations

The following are excluded from the statutory limitation:

inherited apartments
one property covered by marital property
shares of less than 50% in co-ownership

As the expert emphasizes:

– The point is not to punish people who inherited a flat from their parents or are co-owners of a small share. The legislator’s intention is for the relief to cease to be an instrument for people who treat apartments as a commodity – explains Katarzyna Siwiec. This solution is soothing (…) – he adds.

At the same time, the tax office announces inspections donations to block fictitious operations.

What remains the same?

The key principle still applies:
The sale of an apartment 5 years after purchase is exempt from income tax (Article 10(1)(8) of the Personal Income Tax Act).

Who will gain and who will lose?

The changes will be most felt by:

pinball machines
investors buying wholesale
those who used the relief to rotate apartments

In turn, the following will receive reinforcement:

people selling one apartment to buy another for themselves
heirs
owners of small shares

According to experts, it is back to social logicnot speculative.

– The changes are of a pro-fiscal nature, but also orderly (…) instead of the term “for housing purposes”, the term “to meet one’s own housing needs” was introduced, which clearly indicates who the relief is intended for.

Will the regulations stop the price increase?

Economists point out that limiting speculation can:

increase housing availability
reduce price pressure
stabilize the rental market

The question is whether investors will look for new loopholes.

When will the changes come into force?

The project is in public consultation. To make the start on January 1, 2026 possible, the act must be passed and signed until November 30, 2025.

Expert tip: watch out for deadlines

Tax advisors emphasize that this will be the biggest trap three-year gift limit. Being one day late means missing out on relief, and often tens of thousands of zlotys of tax.

Is this the end of flipping in Poland?

Probably not. But it will be more difficult, more expensive and riskier.
Housing relief is back to what it was supposed to be all along – social supportnot a tool to maximize profits.