Poland proposes law making balcony structures communal property

The Polish government is drafting an amendment (project UD312) to the law on ownership of flats that would reclassify the structural elements of balconies, loggias and terraces as common property. Under the proposal, components such as slab, insulation, beams, railings and other load‑bearing parts would be the responsibility of the housing community, while owners would remain liable for interior finishing and personal use. The change aims to end years of disputes over who pays for balcony repairs and to improve safety, especially after a 2023 balcony collapse in Sosnowiec that killed a resident. The Ministry of Justice has suggested adding a servitude to allow exclusive use of the balcony while the community handles structural maintenance. The draft is currently in the opinion‑gathering stage and no implementation date has been set.

Current law leaves the allocation of balcony parts ambiguous, leading to frequent court cases and costly delays. By defining the ownership of structural parts, the amendment seeks to provide a clear legal basis for maintenance decisions and to prevent hazardous deterioration of older building roofs.