Micro-apartments have become one of the most controversial topics in Poland’s housing market. The government recently announced additional legal measures aimed at eliminating such units from the developer market entirely. The proposal focuses on banning or significantly restricting the separation of commercial premises within collective residential buildings.
Earlier regulations had already introduced a minimum size requirement of 25 square meters for both residential and commercial units (with an exception for commercial premises in collective residential buildings). However, it is important to remember that the law does not apply retroactively. This means that small apartments that complied with regulations at the time of construction can still be freely bought and sold today. These units originate from various historical periods and are unlikely to disappear from the market anytime soon. The situation surrounding micro-apartments is analyzed by Leszek Markiewicz.
Minimum size limits are a relatively new concept
For many people it may be surprising that minimum floor-area requirements for apartments are a relatively recent development in Poland. The country’s real estate market has existed for well over a century, and the construction of multi-family residential buildings in cities began even earlier.
So when were minimum floor-area requirements introduced as part of building technical standards? According to Markiewicz, this occurred in 1995, when regulations came into force establishing minimum dimensions for residential spaces. The rules set a minimum room size of 16 square meters and specified minimum widths of certain rooms—for example, at least 2.2 meters for a bedroom in a studio apartment and 1.7 meters for the kitchen.
A regulatory update introduced in 2002 retained the minimum room size of 16 square meters but slightly modified width requirements. Under the revised rules, kitchens in studio apartments had to be at least 1.8 meters wide, while bedrooms still required a minimum width of 2.2 meters.
The current regulation, which defines the minimum floor area of a residential unit as 25 square meters without specifying room widths, has been in force since the beginning of 2018. Markiewicz notes that these modern regulations should not be confused with design standards from the communist era in Poland. Those guidelines did not apply to the smallest multi-family buildings and were not always strictly followed in the state-controlled construction sector of the time.
Older micro-apartments will remain on the market
Both the current regulation of the Minister of Infrastructure issued on April 12, 2002 concerning technical conditions for buildings and their location, and the earlier regulation of December 14, 1994 introduced a key legal principle.
According to Markiewicz, requirements concerning the minimum size of residential units do not apply to buildings for which the building permit process was completed before the new regulations entered into force. In other words, properties that were compliant with the law at the time they were built are not required to meet current standards.
The main exception applies to redevelopment projects. However, renovations and structural changes more often affect larger apartments, which are sometimes divided into smaller units. The broader legal principle is based on the rule that laws generally do not operate retroactively. Therefore, older apartments that complied with regulations at the time of construction can continue to function freely on the market.
As Markiewicz explains, lawmakers have focused primarily on limiting the number of new micro-apartments entering the market, including those classified formally as commercial premises.
Larger apartments also face challenges
The presence of very small apartments will likely continue to spark debate, as renting or purchasing such units is often seen as a compromise or even an economic necessity. However, it is worth remembering that larger apartments are not free from problems either—although these issues receive far less attention in public discussion.
For example, the market still includes apartments located in basements or attics that may not meet current standards related to lighting or access to natural sunlight. Another growing issue, especially in the context of demographic trends, is the lack of elevators in smaller apartment blocks from the communist era and in even older tenement buildings.
“In general, selling apartments in buildings that significantly differ from modern standards is more difficult and often requires the support of an experienced specialist,” Markiewicz concludes.
