A mess in a cage in a block of flats is also an insurance problem? Building managers are trying to fight the mess

In many blocks, the problem is a mess in staircases and other common parts. This situation can have more serious consequences than just a mandate from the fire brigade.

Technical conditions for new buildings in force from August 1, 2024 provide for the requirement to build a wheelchair and bicycle room in new blocks. Inhabitants of many older buildings are complaining about the lack of such additional spaces. This is one of the reasons for the mess in the staircases of many Polish blocks. Baby carts, bikes and even cartons – all this can be found near the entrance door to the apartments. Contrary to appearances, the problem is not exclusively aesthetic, and disregarding duties in order in staircases may have insurance consequences. The situation is therefore viewed by experts of the largest UNILINK insurance multiagency in Poland.

Building managers are trying to fight the mess

Unfortunately, many residents of the blocks forget that the staircase and the corridor are the common part of the building where the regulations of the home order are required. Such regulations often contain wording prohibiting storage in staircases of larger or flammable objects. Bans formulated by entities managing multi-family buildings (e.g. housing communities, cooperatives, TBS and municipalities) do not result only from aesthetic reasons. “In the case of a cluttered staircase, aesthetics can be the smallest problem. Fire regulations are more important,” explains Andrzej Prajsnar, an expert of the UNINELK insurance multiagency.

It is worth pointing out, among others to the ordinance of the Minister of the Interior and Administration of June 7, 2010 on fire protection of buildings, other building objects and areas (Journal of Laws of 2023, item 822, as amended). Pursuant to paragraph 4 paragraph 1 point 11 of this regulation, the buildings are prohibited to “storage flammable materials on general communication roads for evacuation or placing objects on these roads in a way that reduces their width or height below the values ​​required in technical and construction regulations.” “In addition, the provisions of the same regulation say, for example, about the need to maintain the permissible length, height and width of the transitions and occur evacuation” – informs Maciej Łoboz, an expert of the UNININK insurance multiagency.

Penalties for clutter on cages will increase soon?

In the case of multi -family buildings, the above -mentioned provisions do not constitute theory at all. The building's inspection carried out by the State Fire Service may result in the imposition of a mandate under Article 82 of the Code of Offenses. The justification for the use of a mandate up to PLN 500 is the storage of flammable materials in the corridor or narrowing of the escape route to the width of a passage less than 1.20 meters or 1.40 meters (1.20 m limit used only for an evacuation road intended for a maximum of 20 people). “If the presence of flammable materials and narrowing of the escape route are found, the maximum, cumulative fine will be up to PLN 1,000,” emphasizes Andrzej Prajsnar, UniLink expert.

Soon the maximum amount of seats for offenses against fire safety may increase significantly. It is, among others, the planned increase in the maximum amount of the penalty mandate from PLN 500 to … 5000 PLN (in the case of an offense under Article 82 paragraph 1-3, 4 and 5 of the Code of offenses), as well as a very large increase in the upper limit of the fine for offenses from art. 82 parish 1-3, 4 and 5 of the Code of Offenses – from the current PLN 5,000 to … PLN 30,000! “Such solutions are provided for in a draft amendment to the Code of offenses adopted by the government on August 19 this year and later addressed to the Sejm on 21.08.BR (as Sejm print number 1635)” – says Maciej Łoboz, UniLiLE expert.

The corridor can be tidied up forcibly …

Will higher penalties discourage block messages? Not necessarily, because in practice sometimes there is a problem with proving who belongs to the corridor. Consequently, it happens that a flic is paid by a housing community or a cooperative. In addition, the building managing entity may be obliged by the commander of the local fire brigade to organize the corridor. This was the case in the case concerned by the judgment of the Supreme Administrative Court of February 3, 2022 (reference number II OSK 282/19). “The Supreme Administrative Court confirmed that the cooperative or housing community has the right to organize the corridors (as part of the ordinary management), i.e. without the need for the owners of apartments for permission,” notes Andrzej Prajsnar, an expert of the UNILINK insurance multiagency.

Sometimes a mess will also be valid for insurance

Fortunately, serious fires of multi -family buildings are quite rare in Poland. Nevertheless, it is worth keeping in mind the possibility of realizing the worst scenario, i.e. the fire. The insurer, to whom the damage will be reported (e.g. as part of the insurance of a residential premises or the common part of the building), will want to know the circumstances of the incident. There may be a suspicion that the fire was caused as a result of non -compliance with fire regulations or this violation of the regulations further increased the damage. “In the documents of the GTC (general insurance conditions) for housing policies for many insurers, we find entries of the type» If the insured with intentional fault or gross negligence has not fulfilled the obligation specified in paragraph x point Y, the company may properly reduce the amount of compensation, if the violation contributed to increasing damage or prevented the Society from determining the circumstances and effects of the event ” Maciej Łoboz, Unilinek expert. Therefore, it is worth thoroughly analyzing the terms of insurance.

Court judgments confirm that non -compliance with fire protection provisions may be classified as gross negligence and thus be the reason for refusing to pay compensation.

“An example is the judgment of the Court of Appeal in Krakow of May 24, 2018 (reference number I ACa 1304/17) [i]” – comments Andrzej Prajsnar, an expert of the UNILINK insurance multiagency.

For some policies, it is possible to pay compensation even after confirming gross negligence. Despite this, tenants of multi -family buildings should certainly not tempt fate. This also applies to breaking fire protection principles inside apartments. The judgment of the Court of Appeal in Krakow of 24 May 2018 in a case against one of the insurance companies confirms what insurance effects of gross negligence and at the same time alterations made inside the premises. “I am talking about the situation of a person who in the block of flats, on the top floor, decided to arbitrarily mount the fireplace. Unprofessionally and illegally performed works became the cause of a fire of the apartment, for which the insurer did not pay compensation,” sums up Maciej Łoboz, an expert Uniilk.

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