Mandatory Home Access: New Regulations Could Fine Tenants 5,000 PLN for Denied Entry

The Ministry of Development and Technology is proposing legislation that mandates tenant cooperation for property inspections, authorizing landlords and managers to force entry with authorities or face heavy fines.

New Powers for Property Managers

The proposed amendment to the Act on the Protection of Tenants’ Rights aims to simplify mandatory technical inspections. Under the new rules, landlords and property managers would gain the legal right to access a unit for inspections of installations and devices, even without the occupant’s presence or consent.

Scope of Mandatory Access

The obligation to provide access would apply to periodic technical reviews and emergency situations. This includes inspections of gas, electrical, and ventilation systems, as well as interventions related to fire safety or sanitary threats.

Financial Sanctions for Non-Compliance

Failure to provide access following a formal notice could lead to significant consequences. The proposed mechanism allows building owners to petition the construction oversight authority to impose fines on tenants, with penalties reaching up to 5,000 PLN for refusing to open the door.

Controversy and Legal Concerns

The project is currently undergoing consultations, amid mounting criticism regarding potential abuse and the lack of precise boundaries for these powers. The Office of the Commissioner for Human Rights (RPO) has expressed concerns, noting that these measures might conflict with Article 50 of the Polish Constitution, which protects the sanctity of the home.

Emergency Entry Protocols

The Ministry of the Interior and Administration clarifies that in emergencies, landlords could enter with police, municipal guards, or firefighters. However, the ministry emphasizes that firefighters are not intended for routine door-opening services, which should instead be handled by specialized professionals such as locksmiths.