In today's article from the series "Tuesday Mornings for the Construction Industry," we would like to present proposed amendments to the Act of June 24, 1994, on Ownership of Premises ("UWL"), a draft of which was published on the Government Legislation Center website on January 15, 2026 (project number: UD312 , "Project" ). This draft is an attempt to comprehensively streamline the rules for the operation of housing communities. According to the justification, the aim of the amendment is to "adapt the existing legal regulations to the realities of shared property management practices, which have developed over the more than thirty years the Act has been in force." The drafters point out that the existing provisions have proven insufficient or imprecise in many areas, leading to numerous interpretational uncertainties revealed in case law and legal literature.
The scope of the proposed changes is broad. Below, we present solutions that are generating particular interest from property owners, property managers, and developers, even at the legislative stage. It should be noted, however, that these represent only selected elements of the comprehensive draft amendment.
New rules for separating premises in collective housing buildings
One of the first significant changes included in the draft law is to clarify the rules for establishing separate ownership of premises in collective housing buildings. Previously, there were no clear regulations, which led to the establishment of separate ownership of premises that functioned as apartments despite not meeting basic technical and construction requirements, such as minimum usable area, acoustic insulation, or adequate sunlight exposure.
The bill amends Article 2 of the Building Law by adding paragraphs 1aa and 1ab, making the possibility of separating a premises dependent on meeting two conditions: first, the premises must meet the technical and construction requirements specified in the implementing regulations issued on the basis of Article 7 paragraph 2 item 1 of the Act of 7 July 1994 - Building Law; second, the separation must be consistent with the principles specified in the resolution of the municipal council , which will have the authority to regulate the admissibility of such projects within its area.
An exception is provided for buildings existing before January 1, 2027, or for which a valid building permit was issued before that date. As indicated in the justification, this solution protects the acquired rights of owners of existing buildings while introducing clear rules for new investments.
Balcony as a common property – statutory resolution of the dispute
Another highly anticipated change is the amendment to Article 3, Section 2 of the Building Code, which expands the definition of common property. The draft clearly states that common property also includes structural elements of balconies, loggias, and terraces , including girders, balcony slabs with insulation, balustrades, and other architectural elements of the façade. At the same time, the interior space of the balcony is to be considered a component of the premises and the sole responsibility of the owner .
Previously, there were no clear regulations in this area, leading to disputes and the need to refer to court decisions, including those of the Supreme Court, which did not provide a uniform interpretation. The changes introduced are intended to standardize management practices and eliminate years of ambiguity.
Housing community – a clear legal status
The bill also clarifies the issue of the entity of a housing community. The proposed paragraph 2 in Article 6 of the Housing Act is intended to replace the previously imprecise definition with a clear definition of a community as an organizational unit without legal personality, but with legal capacity and its own assets , separate from those of the unit owners and related to the management of the common property .
The regulations are intended to explicitly stipulate that the community may, in its own name, acquire rights and incur obligations regarding this property, including, in particular, funds from owners' advances and rights and obligations arising from concluded agreements. This clarification has significant practical implications, particularly in the context of the community's financial liability and relations with contractors.
Warranty for defects in common areas – a real strengthening of the position of communities
One of the key problems with the current legal framework was the inability of the community to independently pursue claims related to defects in the common areas of the property. The draft amends Article 6 of the Housing and Condominium Act to remove this barrier, granting the community the right to pursue such warranty claims in its own name, on behalf of the unit owners , even in cases where it was not a party to the agreement underlying the claim.
The provision also applies to contracts concluded before the date the Act came into force. This solution eliminates the need to obtain an assignment of rights from all owners, which in practice often prevented effective enforcement of due benefits
Principles of community management – less formalism and more agency
The project simplifies community management by eliminating the requirement to specify the management method in a notarial agreement . The community will be able to entrust the management of the common property to a manager based on a resolution of the unit owners, with the choice limited to a single-person or multi-person management board composed of individuals . Additionally, a minimum and maximum deadline for casting votes in the individual ballot collection procedure has been introduced – from two weeks to three months .
Summary
The bill assumes that these regulations will enter into force, with certain exceptions, 30 days after its publication . The bill undoubtedly represents an extensive and multi-faceted amendment, addressing real-world practical issues in many areas. The changes discussed in this article—concerning balconies, warranty, community status, and management board election—constitute only selected elements of the proposed solutions. The final shape of the bill and its impact on the daily functioning of housing communities will depend on the further course of the legislative process.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of January 26, 2026.
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