End of “inheritance from the machine”. Municipalities will gain control over apartments

The list of legislative works of the government publishes the assumptions of the Act, which will change the principles of joining municipal premises after the death of the tenant. The Ministry of Development and Technology announces a departure from “automatism” under Art. 691 of the Civil Code – in the public residential residential, the contract is to expire, and close persons will only gain a claim for the conclusion of a new contract, depending, among others from the income situation. The goal is to limit the use of municipal apartments by people with high income or having other real estate.

Municipal Flats

Municipal housing resources are premises belonging to municipalities, intended for people with low income that does not meet the conditions of the commercial market. Municipal rental is, as a rule, for an indefinite period, and the detailed criteria (income thresholds, priority, exchange rules, proceedings towards persons remaining in the premises) is determined by the resolution of the commune council. The Act also provides for the possibility of terminating the contract with an excessive area per person, with the obligation to submit an offer of the premises that meets the standard of spare premises and cover the costs of removal by the municipality.

Until now, the uniform rules of the “inheritance” of the rental relationship with the Central Committee were in force in all municipalities: the spouse who was not co -cooking, children, maintenance and persons remaining in common, as long as they permanently lived in the premises at the time of the tenant’s death. The dispute with the municipality as to the accession could be directed to the court pursuant to art. 189 of the Code of Civil Procedure, the provisions were also applied to carers who meet the requirements of former housing law.

Change in the regulations

The new assumptions (item UD313) provide for a special provision: in the public resources after the death of the tenant, the contract will expire, and the persons mentioned above – if they actually lived with the tenant – will only receive an offer to conclude a contract within 6 months of submitting a declaration of will. The conditions of rent will be related to the farm’s income: when the thresholds are exceeded from the resolution of the commune, an increased rent will be used; with income falling within the criteria – rent without increases. Deputy Minister Tomasz Lewandowski is responsible for the project, and the planned date for RM is the second quarter of 2026.

The direction of changes is also confirmed by the parliamentary project conducted in the Sejm (print No. 1318), which, among others It tolerates discounts when selling premises and provides for the mechanism of buying apartments from the elderly with simultaneous rent for an indefinite period – without the application of art. 691 of the Civil Code, after the death of the senior, the rent will not go to loved ones, and the premises will return to the commune’s resource.

The ministry announces in parallel a social and municipal construction program worth up to PLN 45 billion and an increase in KPO grants for the construction of municipal apartments (from 15 to 25 % of the investment value) to expand the offer for people who cannot afford the rental and purchase market.