Won’t you open the door? The government is preparing a fine of up to PLN 5,000

The government has prepared a draft amendment to the Act on the Protection of Tenants’ Rights, which is to oblige residents to make their premises available to owners or managers in certain situations. Refusal to open the door could result in a fine imposed by the building inspector.

The draft changes are currently at the consultation stage and raise numerous controversies.

Making the apartment available for inspection will be mandatory

The draft amendment to the Act on the protection of tenants’ rights, municipal housing resources and amending the Civil Code (UD313) provides that the owner or manager of a building will be able to request that the premises be made available, among others: in order to carry out technical inspections, inspect installations or repair failures.

The obligation is to apply primarily to situations related to the safety of the building, such as inspection of the gas, electrical or ventilation installations, as well as cases of fire or sanitary risk.

Up to PLN 5,000 fine for refusal

If the tenant refuses to provide the apartment despite prior written notice, the owner will be able to apply to the building supervision authority to impose a fine.

The bill provides for fines of up to PLN 5,000. As the authors of the changes indicate, the solution is intended to prevent situations in which residents prevent mandatory periodic inspections of installations or removal of hazards.

The project raises concerns

The proposed regulations are still being consulted. Some institutions believe that the catalog of situations justifying entry into the apartment should be expanded.

The representative for senior policy, Marzena Okła-Drewnowicz, proposes that the new regulations also cover cases of particularly burdensome use of the premises, e.g. causing excessive noise or vibration. In turn, the Association of Polish Counties advocates the possibility of entering apartments also when the premises are devastated or abandoned.

Representatives of the Office of the Commissioner for Human Rights have a different opinion. They point out that extending the right to enter homes may raise doubts from the point of view of constitutional protection of home privacy.

Ministry of Interior and Administration about entering the apartment

The Ministry of Interior and Administration reminds that in emergency situations, the owner or manager could enter the apartment in the presence of the police, municipal police or fire brigade.

At the same time, the ministry emphasizes that firefighters should not be used to routinely open apartment doors. Such activities, except in cases requiring rescue intervention, should be performed by specialized locksmith companies.