Short-term rental is increasingly becoming a source of heated disputes in residential buildings. Residents complain about noise, destruction of common areas and the turnover of tenants resembling that of a hotel. In response, housing communities adopt resolutions prohibiting or restricting this type of activity, and some developers introduce such resolutions prohibitions directly to apartment sales contracts – reports portalsamorzadowy.pl. The dispute is becoming more and more common limits of constitutional property rights.
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Experts warn, however, that such regulations may conflict with property rights.
“Prohibited clauses”? Lawyers cool down the ambitions of communities and developers
Attorney Marek Jarosiewicz estimates that restrictions on the use of the premises may be considered prohibited clauses. The regulations only allow communities to regulate the rules for using common areas, and not to impose on owners how to use their apartments.
Such clauses often appear only after some time — when short-term rental becomes burdensome for neighbors.
New regulations from 2026 and fines up to PLN 50,000. zloty
From May 20, 2026, short-term rentals will be subject to mandatory registration. Failure to register will result in an administrative fine of up to PLN 50,000. zloty.
These changes are intended to organize the market, but the industry is signaling that in practice, they may create additional barriers for apartment owners and rental operators.
Read also: Apartment sales skyrocketed at the beginning of 2026. Apartment prices are stagnant
Short-term rental… when is it profitable?
The real estate market is not clear on this issue. Experts point out that Some opponents of high-profile rentals change their minds when they cannot find a long-term tenant and switch to short-term rentals, which often generate higher profits..
They also emphasize that this segment is important for tourismso instead of prohibitions, it is worth increasing the owners' responsibility – e.g. for verification of guests and damage to common areas.
