The government wants changes in the purchase of apartments. Ownership 25 years from the date of commissioning

• Work on a thorough amendment to the Act on Social Forms of Housing Development and certain other acts is accelerating.
• At Monday's (7 July) joint session of the Sejm's infrastructure and local government committees, the first reading of the government and parliamentary draft amendments to this regulation took place.
• One of the more revolutionary changes is the ban on the purchase of apartments built under the current social rental housing (SBC) program, proposed in both bills.
• The amendment assumes that the purchase of apartments constructed as part of social rental housing will be possible after 25 years from the date of handover of the premises and repayment of the loan taken out by SIM/TBS for its construction.
• The members of the joint committees decided that in the course of further work both bills would be considered together, but the government bill would be the leading one as it is more extensive and detailed.

On Monday, July 7, the joint parliamentary committees: infrastructure and local government and regional policy have planned a joint session. The first readings of both the government and the parliamentary draft amendment to the act on social forms of housing development and certain other acts were held.

Both projects envisage major changes to as many as 13 acts, such as :

• Act on Social Forms of Housing Development;
• Real Estate Management Act;
• Act on Housing Cooperatives;
• Act on Planning and Development and Spatial Planning;
• Act on financial support for certain housing projects;
• Identity Cards Act;
• Act on the Military Property Agency;
• Act amending the Act on certain forms of supporting housing construction and certain other acts;
• the act amending the act on financial support for the creation of social housing, sheltered housing, shelters and homes for the homeless, the act on the protection of tenants’ rights, and the municipal housing resources;
• Act on facilitating the preparation and implementation of housing investments and accompanying investments;
• Act amending certain acts supporting the improvement of housing conditions;
• Act on state aid for saving for housing purposes;
• Act amending the Act on spatial planning and development and certain other acts.

In the project submitted on 7 February 2025, a group of Left MPs proposed, among other things, changes to the social rental housing (SBC) programme.

- This program is implemented by SIM/TBS. It is a strong alternative to ownership in the housing sector. SBC is another government housing program aimed at building residential premises for rent for people excluded from the possibility of satisfying their housing needs on the market and at the same time deprived of support in functioning housing support programs - remind the authors of the parliamentary draft amendment.

They emphasize that SBC "is a continuation of the government's social rental housing program, which was also based on support provided from public funds."

The most important source of this support were preferential loans granted from the resources of the National Housing Fund (KFM) . The loans were initially granted up to 50%, and then 70% of the investment costs).

In terms of changes to the SBC program, the Left MPs propose in the submitted bill, among other things, to restore the provisions on the complete ban on separating into ownership premises built under the SBC program . To this end, the MPs propose:

• repeal of section 4 in chapter 4aa of the Act on Social Forms, i.e. institutional lease agreements with acquisition of ownership taking into account the settlement of participation;
• repealing chapter 4b of the Act on social forms, i.e. the separation of ownership of residential premises built for rental using a loan granted by the Bank Gospodarstwa Krajowego.

Moreover, in its draft amendment, the Left proposes to increase the participation of the social factor in the supervision of TBS/SIM by introducing a change obliging the commune or communes in which the TBS/SIM operates to introduce their representatives to the supervisory board of companies, in the number specified in the agreement or the statute of the TBS/SIM, but not less than one.

The parliamentary bill also assumes the extension of the current SBC program by two years .

The government project regarding the social rental housing (SBC) programme envisages, among others:

• introducing restrictions on the purchase of apartments built with the use of repayable financing, by allowing ownership transformations only after 25 years from the date of commissioning of the residential premises and after repayment of the loan taken out by SIM/TBS for its construction (while maintaining the acquired rights of current tenants of residential premises);
• increasing the participation of the social factor in the supervision of existing SIM/TBS , by introducing a change giving the commune or communes in whose area the SIM/TBS operates the right to introduce their representatives to the supervisory board of companies.

The government also proposes to extend the current SBC programme by 1 year , which according to the applicable regulations ends in 2025, while increasing the SBC programme budget from PLN 4.5 billion to PLN 6.9 billion (BGK funds).

- The proposed increase in the SBC programme budget by BGK must be accompanied by an increase in budget expenditure on subsidies for preferential interest rates - we read in the justification of the government project.

Funds for subsidies for the construction of apartments built with the use of repayable financing will continue to come from the National Economy Bank.

- After the amended regulations come into force , newly built cooperative apartments will be completely excluded from the possibility of purchasing them - informed the Minister of Development and Technology, Krzysztof Paszyk, during Monday's meeting.

It is important that the stock of social housing, for so-called cheap rental, increases , and that we do not stay in the same place all the time, that there are always too few of these apartments

- added the head of the Ministry of Development and Technology.

MP Włodzimierz Tomaszewski (PiS) admitted that he was surprised by "such a great aversion to ownership" in these solutions. - This will mean that the possibility of one day acquiring ownership of a flat in small towns or rural areas will virtually disappear - he said.

The main motivation for joining such projects as the Social Housing Initiative (SIM), and therefore for potential tenants to participate in them, is the prospect of acquiring ownership of a flat as close as possible.

- said the PiS MP.

- The chance for ownership creates opportunities to build a larger number of apartments, which of course does not exclude the construction of, among others, social housing - Tomaszewski noted.

Minister Paszyk responded to these reservations: - The 25-year period for obtaining ownership provided for in the project, as I have already explained, results from the need to increase the stock of apartments for cheap rental in Poland, corresponding to the best countries in this respect - he emphasized.

- The point is that we should be able to guarantee such an apartment to all Poles who want to become independent in terms of housing. Therefore, it cannot, for example, disappear from the social resources through purchase 5-10 years after its construction - explained the minister.

- I believe that today is the highest time for this problem to be solved in our country. It is a certain standard in many European countries that social housing does not lose its character and is not available for purchase for a significant part of its lifespan - Paszyk summed up.

MP Tomaszewski's allegations were also refuted by Left MP Anna Maria Żukowska. - These apartments are not being built with public funds, i.e. all of our money, to be privatized in a moment, before they are even depreciated - she stated.

The government project also assumes changes to the social and municipal housing support program, the so-called BSK program.

It has been implemented on the basis of the Act on Financial Support since 2007 and involves direct support for its beneficiaries - mainly municipalities - in the form of non-repayable grants.

In this respect, it is proposed to extend the period to 25 years (currently 15 years) after which residential premises created using financial support provided under the BSK programme can be separated into ownership.

- assumes the government project.

It was also proposed that after this period, any sale could only take place at market price (without any discount) , and the funds obtained would be allocated to the creation of new or modernisation of existing municipal resources.

On 7 July, the members of the joint committees decided that in the course of further legislative work, both bills would be considered together, but the government bill would be the leading one as it is more extensive and detailed.