Poland’s housing communities could gain a direct route to claims over defects in shared parts

Poland is moving to strengthen the position of apartment owners when defects appear in the shared parts of a new residential building. The government’s UD312 proposal would allow a housing community to bring statutory warranty claims connected with defects in common property on behalf of the owners.

That would address a practical weakness in the current system. The government’s own description says the community cannot currently pursue such building-defect claims in its own right because the individual apartment owner is the party to the purchase contract. In practice, communities rely on assignments of claims from owners. The government notes that obtaining assignments from every owner is rare, which can prevent a community from pursuing the full value of defects affecting the common property.

The proposal goes beyond defect claims. It would clarify which structural elements of balconies belong to the common property, define the legal status and assets of a housing community more precisely, regulate repair funds, and strengthen rules around inspections, access to apartments in emergencies and the management of shared installations.

The project remains legislation in progress, not a rule already in force. The government register shows an updated version published on 17 August 2026. Business Insider Polska reported on 1 September that work on UD312 was still moving through government and that ministries were disputing another part of the package concerning changes in how premises are used.

For buyers of new apartments, the defect-claim provision is the part to watch. If enacted in the proposed form, a dispute over leaking roofs, façades, structural balcony elements or other common parts could be pursued collectively by the housing community instead of depending so heavily on a patchwork of individual owner assignments. That does not guarantee compensation, but it could materially improve the community’s ability to bring a complete claim.