In today's article from the series "Tuesday Mornings for the Construction Industry," we continue our coverage of short-term rentals, this time sharing information about the government's announced amendment to the Act on Ownership of Premises regarding certificates of independence for premises. This change would eliminate the possibility of obtaining such certificates for premises in collective housing buildings. This change, described as a countermeasure to so-called "patho-developers," will also have direct implications for aparthotel and condo hotel investments, including those in tourist destinations. The proposed changes will impact both developers and individual investors.
Sale of premises in collective housing buildings
According to the technical specifications, a collective housing building is defined as a building intended for periodic occupancy, such as a hotel, motel, guesthouse, vacation home, excursion home, youth hostel, boarding house, or student residence. Until now, market practice has allowed for the design and construction of collective housing buildings, in which certificates of unit independence . This document allowed for the segregation of the premises as a separate property with its own land register.
This mechanism was used not only in urban development, but also in tourist and recreation resorts , where the model of selling individual premises was the basis for project financing.
What are certificates of independence of premises?
A certificate of independence of the premises is a document issued by an architectural and construction administration body (starosta or mayor), which confirms that the premises:
- is separated by permanent walls,
- has a separate entrance,
- includes rooms enabling the satisfaction of basic housing needs (sanitary, kitchen),
- can function as a standalone unit.
Certificates are issued for residential premises as well as for premises intended for other purposes. This certificate is fundamental , as without it, it is impossible to establish separate ownership of the premises . It was thanks to this certificate that hotel premises could be sold to individual buyers.
What does the planned change assume?
The announced change will prohibit the issuance of certificates of independence for units in collective housing buildings . This means that in hotels, aparthotels, condo hotels, motels, student residences, etc., it will not be possible to legally separate units as separate residential properties.
This change is to be systemic – it does not only apply to micro-apartments in cities, but to the entire segment of investments implemented in the service formula.
Why is the government proposing changes?
Some authorities had previously refused to issue certificates of independence for collective housing facilities, arguing that they were not intended for permanent human residence. However, the lack of clear statutory regulation led to discrepancies in interpretation, and in many cases, administrative court rulings sided with investors.
Therefore, the change in regulations would unify the practice of authorities throughout the country , eliminate a legal loophole used in various market segments and clearly separate residential investments from service investments.
Summary
The planned ban on issuing certificates of independence for apartments in collective housing buildings is an example of an amendment that does not require major legislative changes but has far-reaching practical implications . It will affect not only the phenomenon of small apartments in cities but also the tourism investment market , forcing market participants to change their current business models.
The changes would be introduced alongside a major amendment to the Act on Residential Ownership, which is included in the Council of Ministers' legislative agenda (UD312). As soon as the draft of this amendment is published, we will be sure to present its basic assumptions.
In this news, we are pleased to announce that regarding the amendment to the Act on the Protection of the Rights of Purchasers of Residential Units or Single-Family Homes and the Developer Guarantee Fund, which concerns the determination of the price of a residential unit or single-family home based on usable area, which we reported on in September, the Senate passed the amending act without amendments on December 19, 2025, and it will now be submitted to the President for signature. The amendments are to enter into force within 30 days of their publication in the Journal of Laws.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of December 22, 2025.
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