Deregistering a person from a house or apartment is a purely administrative action — a fact that many people in Poland still overlook. It is worth examining whether such a procedure requires the consent of all co-owners.
Registration and deregistration of residence remain unusually sensitive topics in Poland. Many people ignore the legal obligation to register their address, which distorts official population statistics in large cities. Nonetheless, there is no political appetite to reinstate penalties for failing to comply with registration requirements. Importantly, registration does not confirm or create any legal rights to a property, nor does deregistration affect a person’s right to remain in the dwelling — despite persistent misconceptions.
Registration procedures are administrative in nature, but not entirely without legal significance. A recent court decision sheds light on whether all co-owners must sign a deregistration application.
Key points from this article
- A recent ruling by a provincial administrative court confirms that a deregistration application does not require the signatures of all co-owners.
- Authorities must independently determine whether the person in question has permanently and voluntarily left the dwelling.
- Registration and deregistration do not determine or invalidate a person’s right to occupy a property; the registration system exists primarily to provide demographic data.
Below, we expand on these findings and discuss other important aspects of Poland’s registration system.
Court ruling: deregistration does not require co-owners’ signatures
The noteworthy judgment was issued by the Voivodeship Administrative Court in Gorzów Wielkopolski on 13 February 2025 (case no. II SA/Go 564/24).
As real estate expert Magdalena Markiewicz explains, the court held:
“A deregistration application does not need to be filed by all co-owners. Under Article 35 of the Act on Population Records, the municipal authority issues a deregistration decision ex officio or at the request of the owner. Filing a deregistration application does not exceed the scope of ordinary management of jointly owned property (Articles 199 and 201 of the Civil Code).”
Under Polish law, actions defined as “ordinary management” require the consent of a majority of co-owners. If such consent is lacking, any co-owner may seek judicial authorization to act. This principle may become relevant when disputes arise.
Authorities must verify the circumstances before deregistration
Article 35 of the Act on Population Records states that the municipality may deregister a person who has:
- left their permanent residence,
- or left their temporary residence before the declared end of stay,
- and failed to deregister voluntarily.
The authority must establish whether the person has indeed stopped residing at the address and whether they left permanently and voluntarily.
The court emphasized that deregistration cannot be based solely on the applicant’s statement. Unfortunately, some authorities do exactly this, which leads to administrative disputes. According to Markiewicz, this often results from pressure applied by applicants who mistakenly believe that deregistration eliminates another person’s right to remain in the property.
What if a housing dispute is pending?
The situation becomes more complex if deregistration is linked to an ongoing housing dispute.
For example, the Voivodeship Administrative Court in Lublin ruled on 6 September 2012 (III SA/Lu 189/12) that:
Proceedings concerning the right to enter into a tenancy agreement for the disputed premises do not constitute a preliminary issue that would justify suspending administrative proceedings on deregistration (Article 97 § 1(4) of the Code of Administrative Procedure).
Similarly, a case concerning restoration of possession is not a preliminary issue requiring suspension of deregistration proceedings — though the authority should take note of such litigation (NSA ruling of 12 July 2011, II OSK 1181/10).
Another relevant ruling — Voivodeship Administrative Court in Gorzów Wielkopolski, 24 October 2012 (II SA/Go 561/12) — states that a co-owner’s objection cannot prevent registration of a person who actually resides at the address.
Registration status does not determine legal title to the property
Both Gorzów court rulings (II SA/Go 561/12 and II SA/Go 564/24) reaffirm a fundamental principle:
Registration or deregistration does not establish or deny legal rights to a dwelling.
As Markiewicz summarizes:
“Registration status does not determine legal title, nor does it confirm or deny a person’s right to stay in the property.”
