Will apartment owners no longer pay for it? The government is preparing an important change

Who should pay for the balcony repair – the apartment owner or the community? Current regulations do not provide a clear answer, which is why the issue of financing renovations has led to disputes for years. The government wants to clarify the regulations and clearly indicate which elements should be treated as part of common property.

The Act on the ownership of premises currently stipulates that common property consists of land and parts of the building and equipment that do not serve exclusively the owners of individual apartments. However, it does not indicate exactly how individual parts of balconies, loggias and terraces should be treated.

Renovation of a balcony in a housing community. The government wants clear rules

The courts tried to solve the problem. The Supreme Court indicated that the costs relating to parts of the balcony used exclusively by the residents of a given premises should be borne by its owner. The situation is different in the case of structural elements permanently connected to the building – their renovation should be the responsibility of the community.

This division is to be written down directly in the regulations. The draft amendment to the Act on ownership of premises, numbered UD312, was added to the list of legislative works of the Council of Ministers on February 20, 2026. One of its assumptions is to expand the definition of common property.

The community will pay for the slab and balustrade

The common areas will include structural elements of balconies, loggias and terraces. The project lists, among others: girders, balcony slab with insulation, balustrade, and other parts of the building’s facade.

The housing community would be responsible for maintaining these elements. However, the owner of the premises would still be liable for the internal space of the balcony, which is used only by people using the given apartment.

The community will not pass on the costs to the owner

If the new regulations are adopted in the proposed form, the community will not be able to oblige the owner of the apartment to finance the renovation of the structural parts of the balcony. It will not be able to assign such an obligation to him by its own resolution.

The change is intended to reduce disputes over who should cover the costs of particular works. Instead of each case being decided on the basis of specific circumstances and previous case law, liability is to flow directly from the statute.

When will the regulations on balconies change?

The new rules are not yet binding law. The project must be adopted by the Council of Ministers, then go through the Sejm and Senate, and finally be signed by the president.

Initially, it was assumed that the act would come into force 30 days after its publication in the Journal of Laws. However, during inter-ministerial consultations, this period was extended to three months. The exact date of entry into force of the new rules will be known only after the legislative process is completed.