Airbnb-free zones and a ban by the owners' association: what the government amendment holds for apartment owners

At the turn of August and September 2026, the Ministry of Sport and Tourism prepared an amendment to the bill regulating short-term rental. It is a return to provisions removed from the bill before the government adopted it in July, and which caused a dispute within the coalition itself. For owners of nightly rental apartments the changes are fundamental, because for the first time they touch the very possibility of operating in a given location rather than merely how it is taxed.

This article explains calmly and without the political noise what the amendment actually provides for, who it will hit hardest, what the thresholds and deadlines are, and what an owner can do today, before the provisions take effect.

Two new tools: municipal zones and association resolutions

The amendment introduces two independent mechanisms that can limit or entirely exclude short-term rental:

• Zones designated by the municipality. The municipal council, at the request of the mayor, could establish a zone in which the operation of so-called other facilities providing hotel services (that is, flats and apartments let by the night, among others) would be excluded.
• A ban adopted by an owners' association or housing cooperative. Residents of a building could prohibit short-term rental in their building by resolution.

These are two separate routes. Even if your association is friendly, the municipality can cover the area with a zone, and vice versa. It is worth following both levels.

Municipal zones: how they would come about

The grounds for establishing a zone could include the historic character of the building and considerations of safety and public order. Local government would, however, have considerable flexibility. It could set exceptions by person, by subject and by time. In practice that means a municipality could, for example, allow short-term rental only for a set number of days a year rather than banning it outright.

The procedure is meant to guard against hasty decisions. Before a draft resolution went to the municipal council, consultations with residents lasting at least 21 days would be required, and the resolution itself could enter into force no earlier than six months after publication. That gives owners time to react and prepare a plan B.

An association resolution: the thresholds and the time to wind down

Here the devil is in the detail, because everything depends on the balance of power in the building:

• In owners' associations, the resolution would pass by a majority of the owners' votes, counted by size of share.
• In housing cooperatives, more than 50 percent of all those entitled to vote would have to support the ban.

The key good news for owners already operating: once a resolution is adopted, the business would have six months to wind down. Only after that period could the property be struck from the register. So this is not an overnight ban, there is time to finish the season and redirect the business.

The practical conclusion: before you buy another property for nightly letting, check not only the price and the location but also the ownership structure of the building and the mood of the association. In buildings dominated by investment flats, voting a ban through will be difficult. In tenements and blocks with mostly permanent residents, considerably easier.

Inspections and the "three breaches in six months" rule

The amendment also extends the scope of inspections to safety and public order. An inspection could be requested by residents of the same or a neighbouring property, by the owners' association, and by the management board or supervisory board of a cooperative.

It also specifies when a property is compulsorily removed from the register: if, within six months of the first instance, the competent authorities or services find a total of three breaches of safety or public order. Re-registration would be possible only after a year. For an owner that is a clear signal: loud parties and neighbours' complaints stop being merely a reputational problem and become a real risk of losing the right to operate.

When would this take effect?

The key date: if the proposals are ultimately enacted, both the municipal zones and the right of associations and cooperatives to impose a ban are to take effect on 1 January 2028. This is still a draft at the government stage, and the road through the Sejm, the Senate and the president's signature can be long and winding. So you have time to prepare rather than panic.

What you can do now

This is a good moment to put your own house in order before the legislator does it for you:

1. Look after your relationship with the association and the neighbours. Since they will be voting on a ban and initiating inspections, a friendly environment is the cheapest insurance your business can have. We cover this in a separate article on living alongside the association.
2. Keep the property fully compliant. Registration, clear house rules, quiet hours and guest vetting all reduce the risk of breaches counting towards the "three in six months" limit.
3. Follow local politics. Municipal resolutions will be preceded by 21-day consultations, and it is worth taking part in them and knowing what your local authority is planning for your area.
4. Diversify locations and sales channels. If all your income hangs on one flat in a difficult building, the risk is greater. Build your own sales channel too, your own reservation page and a base of regular guests, so you are hostage neither to the association nor to portal commission. Then even a change of location does not mean building the business from scratch.

Regulation is heading towards more control and more transparency. Owners who operate legally, have clean house rules and good relations with those around them will get through this change calmly. The hardest hit will be those currently counting on nobody checking.

Short-term rental in Poland is maturing. From a free-for-all market it is becoming an industry with a register, house rules and a real say for neighbours and local government. That is not necessarily bad news for professional owners. The less grey market and the fewer problem properties, the greater guests' trust and the more stable the ground under an honestly run business. 1 January 2028 seems distant, but decisions about buying another property or investing in your own channel are worth making with it in mind.

This article is informational and is based on reports about the draft amendment from the turn of August and September 2026. It is not legal advice, and the final shape of the provisions depends on further legislative work.