Poles do not want to perform a registration obligation. This is a problem that, contrary to appearances, has broad consequences. However, there will be no sanctions for the lack of a report.
The registration obligation is legal fiction: this is how it is often said. The national media, however, recently informed about the intention of restoring sanctions for failing to fulfill this obligation. Alleged work on the introduction of penalties was denied by the Ministry of Interior and Administration. It should be noted, however, that the enforcement of a registration obligation is supported by local government officials (e.g. from the Silesian Association of Communes and Poviats), and the CSO indicates problems with migration. Experts of the RynekPierwotny.pl portal are looking at the situation. It is a bit more complicated than suggesting popular statements treating reports as a relic of the Polish People's Republic or a manifestation of state oppression.
At the beginning a bit of legal history will be useful
References to the times of the Polish People's Republic are certainly related to the history of the registration obligation. The Act of April 10, 1974 on population records and ID cards obliged to check in in a given city no later than the fourth day from the date of arrival (see: Article 10 (1) of this legal act). In the first half of the 1970s, Art. 147 parish 1 of the Code of Offenses, according to which: “Whoever does not fulfill the registration obligation on it is subject to the penalty of restriction of liberty, a fine or a penalty of reprimand.” This recipe remained unchanged until the day of repeal, i.e. until January 1, 2013, although its enforcement was fictitious much earlier.
The current provisions regarding the date of fulfillment of the registration obligation are of course less restrictive than the PRL regulations. Article 27 paragraph 1 of the Act of 24 September 2010 on population register indicates that: “a Polish citizen staying in the territory of the Republic of Poland is obliged to check in at the place of permanent or temporary residence at the latest on the 30th day from the day of arrival at this place.” The term temporary stay must be understood outside the place of permanent residence for over 3 months. In turn, a permanent stay is to live in a given town (at a marked address) with the intention of permanent stay.
Note: Criminal sanctions are still ajar
Contrary to what some internet headers recently proclaimed, the return of sanctions for failure to comply with the registration obligation will not take place – at least in the near future. The aforementioned art. 147 of the Code of Offenses is still repealed, which can be easily checked. There were no provisions that could change this state of affairs. We also do not see a change of changes at the Government Legislation Center and the list of legislative works of the Council of Ministers. Most importantly, April 15 this year. The Ministry of Interior and Administration issued a special message. The ministry confirmed that work is not carried out to restore penalties for failure to meet the registration obligation. However, in the long run, changes to the provisions regarding this obligation cannot be ruled out, because the current situation is criticized by, among others local government officials.
Not only local governments pay attention to the problem
The enforcement of a registration obligation supports, among others Silesian Association of Communes and Poviats. On March 14, 2025, the mentioned organization published a position on the need to restore sanctions for not fulfilling the registration obligation. What arguments do local government officials have? It is mainly about problems with “receiving” municipal receivables. In March this year The National Agreement of Local Government Organizations also presented its position. Opos, however, proposes to replace the registration obligation by the obligation to register the citizen's place of residence. It would be a place consistent with the place of residence within the meaning of the Civil Code, a tax residence and a correspondence address.
It is also worth paying attention to the position of the Central Statistical Office, which can be another argument for change. The Central Statistical Office in response to the questions RynekPierwotny.pl confirms that the completeness of the PESEL register in terms of the number of registrains and check -out remains unsatisfactory. Migrants (both in the country and to/from other countries) often do not report this fact in offices – especially with time migrations. On the other hand, during the universal list, it is a problem to provide false information regarding the stay of loved ones abroad. This is a problem, because the “GUS” data on the population later influence decisions regarding, for example, the development of infrastructure, providing public services and spatial planning.
“Legal superstitions” can also be troublesome
Experts of the RynekPierwotny.pl portal indicate that insufficient legal knowledge about the registration obligation also remains a problem. The courts have repeatedly confirmed that registration is a typical administrative activity and does not confirm, and does not give the right to live in the premises (example: judgment of the Provincial Administrative Court in Lublin of 19 April 2018 – reference number: III SA/Lu 669/17). However, many apartment owners think something else. It seems that, regardless of any legal changes related to the registration obligation, a nationwide information action for tenants and landlords would be indicated, taking into account the legal principles of rent.
