Balconies in blocks of flats under new rules. The community will pay for some of the renovations

The Ministry of Development and Technology is finalizing work on the draft of a new Act on the ownership of premises. One of the most important changes concerns balconies, loggias and terraces, the structural elements of which are to be considered a common part of the property.

The new regulations are intended to solve the long-standing problem of liability for renovations. Currently, the regulations do not clearly indicate who should pay for the repair of a leaking balcony slab, damaged insulation or damaged balustrade. Disputes between landlords and communities often end up in courts for this reason.

The community will be responsible for the construction of the balcony

According to the project, the common property is to include girders, a balcony slab with insulation, a balustrade and other elements constituting a part of the building’s façade. The housing community will be responsible for their maintenance and renovation.

The owner of the apartment will still be responsible for the internal space of the balcony and its finishing elements. The project is therefore intended to clearly separate the responsibilities of the owner of the premises and the community.

Renovations will be covered from the renovation fund

In practice, this means that the repair of a leaking slab, falling balustrade or damaged insulation will be financed from the renovation fund. However, the need to carry out more repairs may lead to an increase in residents’ payments.

The regulations do not specify a single, mandatory contribution amount. Communities with more than three premises must create a renovation fund, but the amount of the advance is decided by the owners by way of a resolution.

How much are renovation contributions?

In buildings that do not require urgent work, rates usually range from PLN 1 to PLN 2 per square meter of the apartment. In blocks of flats subject to medium renovation work, it ranges from PLN 2 to PLN 3, and in properties requiring large and urgent repairs, it ranges from PLN 4 to PLN 5 per square meter.

For an apartment with an area of ​​50 to 60 sq m. the monthly advance payment to the renovation fund usually does not exceed PLN 200. However, new obligations related to balconies may influence communities’ decisions regarding the amount of these payments.

There will be no ban on smoking or drying laundry

Including the balcony structure as a common area does not mean that communities will receive new rights to decide on how to use this space. The project does not introduce a ban on smoking or hanging out laundry.

The owner will still be able to use the balcony for its intended purpose. The amendment is only intended to determine who is responsible for its maintenance and individual elements.

There is a penalty for dangerous items

Regardless of the planned changes, residents must comply with current safety rules. Improperly placing heavy objects, such as flower pots, may result in a fine of up to PLN 500 or a reprimand.

Plants should be placed on the inside of the balustrade. Watering may also be a problem, leading to flooding of the facade or the neighbor’s premises. Intervention by the city guard or police may also result in disturbing the peace and inappropriate use of the balcony