New Law May Impose 5,000 PLN Fine for Refusing Access to Private Premises
A draft amendment to the Act on the Protection of Tenants’ Rights proposes allowing property managers to force entry into private residences for mandatory inspections, backed by steep financial...
A draft amendment to the Act on the Protection of Tenants’ Rights proposes allowing property managers to force entry into private residences for mandatory inspections, backed by steep financial penalties for refusal.
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Proposed Mandatory Access and Penalties
The Ministry of Development and Technology has introduced a legislative proposal that would strip tenants of the absolute right to control access to their homes. Under the new rules, owners and property managers would be empowered to force entry for mandatory technical inspections, even in the absence of the tenant.
Refusing to provide access to a dwelling for gas, ventilation, or electrical inspections could result in a fine of up to 5,000 PLN. Authorities intend to utilize the construction supervision office to enforce these penalties if a tenant ignores formal written notices to allow entry.
Emergency Interventions and Law Enforcement
The legislation specifically targets situations involving fire safety risks, sanitary threats, or technical failures. In cases of immediate danger, property managers would be authorized to enter the premises accompanied by police, municipal guards, or the fire department.
However, the Ministry of the Interior and Administration clarifies that fire brigades are not responsible for routine door-opening services. Specialized locksmith services are expected to handle non-emergency access cases, with the fire service limited to life-threatening interventions.
Concerns Over Privacy and Legal Overreach
The proposal has sparked intense debate regarding the constitutional protection of the home. The Office of the Commissioner for Human Rights (RPO) has expressed significant skepticism, questioning whether these measures conflict with Article 50 of the Polish Constitution, which guarantees the inviolability of the home.
Critics warn of the potential for abuse and the lack of clear boundaries for such interventions. Meanwhile, various stakeholders have proposed expanding these powers further; some suggest allowing forced entry to address noise disturbances, vibrations, property abandonment, or physical devastation of the unit.