Airbnb Laws in Poland

Airbnb Laws in Poland

Poland

Introduction
Introduction to Airbnb in Poland

Airbnb is the new normal as everyone now realizes that Airbnb is connected with short-term renting. Although the idea of short-term rental is enticing, the activity could become less pleasant and stressful due to a lack of awareness of the different rules controlling the tourist lodging company on various levels in the accommodation locality for newcomers to the industry and hosts who are not aware of the law. Here are a few guidelines to help you conduct the business in Poland more easily. Other popular terms for Airbnb in Poland are vacation rental, holiday accommodation, tourist accommodation, etc.

Overview

Airbnb is the new normal as everyone now realizes that Airbnb is connected with short-term renting. Although the idea of short-term rental is enticing, the activity could become less pleasant and stressful due to a lack of awareness of the different rules controlling the tourist lodging company on various levels in the accommodation locality for newcomers to the industry and hosts who are not aware of the law. Here are a few guidelines to help you conduct the business in Poland more easily. Other popular terms for Airbnb in Poland are vacation rental, holiday accommodation, tourist accommodation, etc.

Property
Overview

There is no national short-term rental association in Poland at the time of compilation of this information, but you may consider joining the European Holiday Home Association on LinkedIn.

Property
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short term rentals
What is Airbnb in Poland?
What are short Term Rentals in the Country?

Short-term rentals are furnished accommodations such as a room in a residential apartment to entire apartments, villas, cottages, etc., that travelers can rent on a short-term basis for money. The accommodation can be managed by property management companies or the owner of the residential apartment, which could be a tenant or the landlord. They are usually available for booking on online platforms and are popularly referred to as holiday homes, Airbnb, transient rentals, etc.

Is Subletting Legal?
Is Subletting Legal in Poland?

In Poland, tenants can legally operate short-term rentals in their apartments, but landlord permission is essential. The lease agreement often governs whether tenants can sublet their property, and most standard leases prohibit subletting (which includes listing the property on platforms like Airbnb) without the landlord's explicit approval. Operating a short-term rental without the landlord's consent may result in eviction or legal consequences, as it would violate the terms of the lease.

If the property is part of a homeowner's association (HOA) or a condominium, tenants may also need approval from the association, as many HOAs impose their own restrictions on short-term rentals.

National Association for STR Owners
What is the maximum length of stay in Poland?
What is the maximum length of stay?

There is no specific duration for Airbnb in Poland, but it usually ranges from a few days to several weeks.

Is there any National Registration Requirement or Permit?

In Poland, there is no national requirement for hosts to register their short-term rental properties with a national department or in a central government database. However, local regulations may impose requirements for registration or permits, depending on the city or region where the rental property is located.

For instance, in cities like Kraków, hosts are required to register their properties as facilities providing accommodation services. This process is handled by local authorities. In Gdańsk, hosts need to register with the city for free and also ensure their property complies with local health, safety, and taxation regulations.

Is there a need for Permission from Landlord/Local Council/Neighbors?

The answer is that you must pay taxes on your Airbnb rental income. The three possible taxes are:

Income Tax: Short-term rental income in Poland is taxed either as rental or business income, 8.5% for up to PLN 100,000 and 12.5% for above  PLN 100,000 if taxed as a non-business rental income, or 12–32%/19% for business; returns are due April 30, and expenses are deductible only under business taxation.

Value Added Tax (VAT): VAT applies if annual turnover exceeds PLN 200,000 (no threshold for non-residents), with an 8% rate for holiday rentals; returns are filed monthly by the 25th.

Real Estate Tax: Property owners must pay annual property tax set by local authorities within nationally capped rates.

Is Short-term rental Income taxable?

There is no national permit, license, or registration for short-term rental owners in Poland instead, you may be required to register for other licenses such as fire, electricity, municipality urban planning, co-owners consent, etc., at your local authority in addition to applying for tax permits at various levels of government.

It is crucial to confirm that you have the required registrations with the local and regional authorities. To access the requirements for your particular location and property in Poland, you should subscribe to the Lodge Compliance.

Is there any National Tourism Fund or Tourist Tax?

No, there is no national requirement for contributions to a national tourism board. However, designated tourist area are allowed to collect a climate tax where specific environmental and administrative standards are met, although this tax has been abolished in both Gdańsk and Kraków.

Is there any Guest Registration and Reporting Requirement?

No, there is currently no guest registration or reporting requirement for short-term rentals in Poland. However, starting on October 12th, 2025. Europe will introduce the new Entry/Exit System (EES), an automated system that records the entry and exit of third-country nationals traveling for short stays across the external borders of participating European countries.

Is there any National Health and Safety Requirements?

In Poland, nationwide health and safety standards for short-term rental properties are generally governed by local regulations, but there are some common safety requirements that apply across the country. These include:

  1. Fire Safety: Properties must be equipped with smoke detectors, fire extinguishers, and clear emergency exits. These are mandatory to ensure guest safety in case of fire.
  2. Sanitation and Cleanliness: Hosts must ensure that the property is kept clean and sanitary, with proper waste disposal systems in place. Regular cleaning and maintenance of the property, including hygiene standards for bathrooms and kitchens, is required.
  3. Building Safety: The property must meet basic structural safety requirements, which means it should be free of significant hazards, such as exposed wiring or unstable fixtures. If the property is located in a building with multiple units, building codes and zoning laws may also apply.
  4. Accessibility: In some cases, there may be requirements for the property to be accessible to individuals with disabilities, particularly in cities with higher tourist traffic.

Local authorities, such as city councils, may impose additional regulations depending on the area. However, there is no single national regulatory body that oversees all health and safety compliance for short-term rentals. Compliance with health and safety standards is crucial for obtaining local permits to operate a short-term rental.

Is there any Platform Accountability Requirement?

Currently, there is no platform accountability requitrement except the DAC7 Directive that mandate platforms to report taxpayer information of hosts earning income through their services. Airbnb is obligated to share data with EU tax authorities, including details about hosts' earnings and property listings, to enhance tax compliance across member states but a proposal is being discussed that would require permission or consent from community or cooperative bodies for operating short-term rentals.

Is there any Anti-Discrimination Law?

In Poland, national laws that prohibit discrimination against guests in short-term rentals include provisions from the Polish Constitution and the Act on Equal Treatment, which align with European Union anti-discrimination laws.

  1. Polish Constitution:
    • Article 32 of the Constitution of the Republic of Poland ensures that all individuals are equal before the law and prohibits any form of discrimination based on personal characteristics, including race, ethnicity, religion, or gender. This applies to all sectors, including housing and accommodations like short-term rentals.
  2. Act on the Implementation of Certain Provisions of the European Union in the Field of Equal Treatment (also known as the Anti-Discrimination Act):
    • This law, introduced in 2010, enforces anti-discrimination measures across various sectors, including housing and services. It prohibits discrimination based on race, nationality, ethnicity, religion, sex, age, disability, and other protected characteristics. Short-term rental hosts must comply with these provisions, meaning they cannot deny accommodation to guests based on these characteristics.
  3. Consumer Protection Laws:
    • Poland’s consumer protection laws also reinforce anti-discrimination principles, ensuring fair treatment of all customers, including those using short-term rental services.

These laws ensure that short-term rental hosts cannot discriminate against potential guests when offering their services on platforms like Airbnb or Booking.com.

Is there any Data Sharing Requirements?

Poland, short-term rental platforms are mandated to share data with national and local government authorities, particularly under European Union regulations. These mandates aim to improve transparency in the rental market and ensure compliance with local tax, zoning, and safety regulations.

  1. EU Regulation on Digital Platforms: As part of the broader European Union regulatory framework, platforms like Airbnb and Booking.com are required to provide data on hosts, guests, and rental activities to local and national authorities. This data-sharing obligation helps authorities monitor compliance with tax and safety laws.
  2. Local Mandates: In certain cities like Kraków and Warsaw, local councils require short-term rental platforms to share data on the properties listed and the number of guests staying.

Is there any National Insurance Requirement?

In Poland, there is no nationwide mandate requiring short-term rental hosts to have liability insurance, but it is highly recommended. Some cities or local municipalities might require hosts to have certain types of insurance, particularly in high-traffic tourist areas.

While it is not a legal obligation, liability insurance is encouraged to protect hosts from potential claims arising from property damage or guest injuries. Many platforms, like Airbnb, offer their own host protection insurance, but hosts are often advised to purchase additional coverage for full protection.

Is there any National Zoning law/Cultural Heritage law?

In Poland, regulations protecting culturally or historically significant areas from short-term rentals are generally managed at the local level, with specific restrictions in place for areas that hold historical or cultural importance. These protections aim to preserve the character and integrity of such sites, while preventing over-commercialization through short-term rental operations.

  1. Local Zoning Laws and Heritage Protection Regulations: Cities like Kraków, which is home to a UNESCO World Heritage site, have stricter zoning and heritage protection laws. These laws may restrict the number of short-term rentals allowed in historically significant neighborhoods or impose limits on how properties in such areas can be used, in order to protect their cultural value.
  2. Municipal Cultural Heritage Laws: In some cities, short-term rentals are restricted in old town districts and areas near national monuments. These local laws often require special permissions to operate a short-term rental in a culturally significant area, and non-compliance can lead to penalties.

These regulations are intended to balance tourism demand with the preservation of Poland's rich cultural and historical legacy.

Is there any Environmental Regulations that affects STR?

In Poland, there are no nationwide sustainability requirements specifically targeting short-term rentals, but there are broader environmental and sustainability policies that hosts may need to comply with at the local or municipal level. These policies align with European Union regulations aimed at promoting sustainability in the tourism and housing sectors.

Key Considerations:

  1. Energy Efficiency: Polish regulations, particularly those stemming from the EU Energy Performance of Buildings Directive, require that rental properties meet certain energy efficiency standards. This includes proper insulation, efficient heating systems, and the use of renewable energy where possible. Short-term rental hosts are encouraged to comply with these sustainability measures to reduce energy consumption.
  2. Waste Management: Hosts must adhere to local waste management regulations, which include proper sorting and disposal of waste. Many municipalities in Poland have robust recycling systems that short-term rental hosts must follow.
  3. Water Conservation: In certain regions, local councils may promote water conservation practices by encouraging hosts to install water-saving devices like low-flow faucets and showers.
  4. Cultural Heritage Areas: In historical or culturally significant areas, there may be additional requirements focused on the sustainable use of buildings to preserve their integrity. This could include limitations on renovations or modifications to ensure that the property’s historical value is maintained.

While these requirements aren't exclusive to short-term rentals, they reflect the broader push towards sustainability in Poland’s tourism and housing sectors.

Is there any National Tenant Protection Law?

In Poland, long-term tenants are protected by several laws that prevent landlords from evicting them solely to convert a property into a short-term rental. Key laws include:

  1. Polish Civil Code: The Polish Civil Code provides strong protection for tenants. A landlord cannot terminate a lease agreement without valid legal grounds, and the desire to use the property for short-term rentals is not considered a justifiable reason. Any eviction must follow due legal processes, ensuring tenant protection from arbitrary decisions.
  2. Act on the Protection of Tenants' Rights: This law further secures tenant rights by regulating the circumstances under which a tenant can be evicted. It states that evictions cannot take place without appropriate legal grounds, including the need to convert a property into a short-term rental.
  3. Local Regulations: Some local municipalities may impose additional protections for tenants in areas with high demand for short-term rentals, ensuring that rental properties remain available for long-term housing needs.

Is there any Reporting Requirements for Foreigners?
Is there any Digital Platform Regulation Compliance?
Is there any Consumer Protection Law that affect STR?

In Poland, short-term rental contracts must comply with national consumer protection standards, which are regulated under both Polish law and European Union (EU) directives. These laws are designed to protect consumers from unfair practices and ensure transparency in transactions.

Key National Laws Ensuring Compliance:

  1. Polish Civil Code:
    • The Polish Civil Code contains provisions that regulate all contractual agreements, including short-term rental contracts. It mandates that contracts must be clear, transparent, and fair, protecting consumers from unfair terms and ensuring they are fully informed before signing a contract.
  2. Consumer Rights Act:
    • The Act on Consumer Rights (Ustawa o prawach konsumenta), introduced in 2014, transposes the EU Consumer Rights Directive into Polish law. It ensures that rental agreements include:
      • Clear terms regarding price, duration, and conditions of the rental.
      • Cancellation and refund policies that align with EU regulations.
      • Information obligations, where hosts must inform renters of their rights before a contract is agreed upon, including any potential risks or additional charges.
  3. Unfair Commercial Practices Act:
    • This law protects consumers from misleading advertisements and unfair contract terms. It ensures that short-term rental platforms or hosts cannot use deceptive practices, like hidden fees or false descriptions of the rental property.
  4. EU Consumer Protection Law:
    • As a member of the European Union, Poland must adhere to EU-wide consumer protection laws. These laws ensure that rental agreements are fair, transparent, and do not include unfair contract terms. If a dispute arises, consumers have the right to seek redress through national courts or alternative dispute resolution mechanisms.

Is there any Law that applies to Non-resident Owners?

In Poland, non-resident owners of short-term rental properties are subject to specific regulations, including tax obligations and residency considerations. While non-residents can own and operate short-term rentals, they must comply with Polish tax laws and, in some cases, may face additional taxes and administrative requirements.

Key Regulations Targeting Non-Resident Owners:

  1. Income Tax for Non-Residents:
    • Non-resident owners must pay income tax on earnings from their short-term rental properties in Poland. They are subject to the same tax rules as Polish residents, with the option of either the progressive tax scale (17%-32%) or a flat tax rate (8.5% for income under PLN 100,000, and 12.5% for income above this threshold). Non-residents must report their rental income to Polish tax authorities.
  2. VAT Requirements:In Poland, non-resident businesses are required to register for Value Added Tax (VAT) immediately upon commencing taxable activities, regardless of their turnover. Unlike resident businesses, which benefit from a VAT exemption threshold of PLN 200,000 in annual sales, non-resident entities do not have such a threshold
  3. Double Taxation Treaties:
    • Poland has double taxation agreements with many countries, ensuring that non-resident owners are not taxed twice on the same income. Non-resident owners should check if their home country has a tax treaty with Poland to benefit from tax relief or exemptions.

Is there any classification of STR in the country?
Are there Special National Event Regulations?
Is there any Penalty for Violating National Rules?

In Poland, Failure to report rental income or delayed tax payments can result in fines under the Fiscal Penal Code. As of 2023, fines for tax offenses range from a minimum of PLN 360 to a maximum of PLN 72,000, depending on the severity of the offense.

  • The tax authorities impose interest on overdue tax amounts, calculated daily from the due date until full payment is made. This increases the total amount owed over time.
  • Property owners must register their accommodations with local authorities before offering short-term rentals. Operating without registration can lead to administrative fines which varies for each local municipality.

Are there National Rules or Regulations Governing Short-Term Rentals in Poland?
Are there National Rules or Regulations Governing Short-Term Rentals in the Country?

In Poland, there is no one law governing short-term rentals; rather, city councils have different rental regulations. Local governments may impose restrictions on Airbnb rentals, such as registration and tax obligations. Although the maximum tax rates and registration thresholds in Poland may be decided by the Council of Ministers. What is applicable is still agreed upon by local authorities.

In Krakow, you are required to register your short-term rental accommodation for free as a facility providing a hotel service that is not a hotel facility and camping site before your rental activity can be considered legal. You are also required to pay the tourist tax that applies to the city.

These rules vary from place to place, therefore, it is advisable to find out the regulations that are in effect where your property is located and check with your local government. Alternatively, subscribe to the Lodge Compliance to easily access all the pertinent information related to your properties.

Is there any National Tax that affects short-term rental?

The answer is that you must pay taxes on your Airbnb rental income. The three possible taxes are:

  • Income Tax
  • VAT
  • Regional/Municipal Tax

Income Tax

Hosts are required to pay taxes on the short-term rental income; the tax regimes that you may choose from in this category are;

  • The Progressive scale method: In this tax system, net income—the total gross income plus allowable deductions—is used to determine income tax. Maintenance payments for the property, interest on the loan as opposed to the loan payment, and renovation costs for the preservation of the property as opposed to aesthetic appeal are all deductible expenses. The income tax rates range from 17% to 32% depending on how much money was made during the reporting period. If your rental activity qualifies as a business under this regime, a flat rate of 19% rate is applicable. If you offer additional services like breakfast, reception, and other hotel-related services, your rental income can be regarded as derived from a business. The deadline for filing tax returns and paying associated liabilities falls on 30 April of the year following the year of earning income
  • The Flat Rate tax method: this tax regime is also known as lump sum taxation when a person's gross income is subject to a flat tax rate of 8.5% for gross income under PLN 100,000 and 12.5% for gross income exceeding PLN 100,000. In this tax regime, no expenses are deductible. The deadline for filing tax returns and paying associated liabilities falls on 31 January of the year following the year of earning income.

VAT

If your rental activity is regarded as a business in Poland once the prerequisites for VAT registration are completed, you must register for VAT and charge VAT to your visitors. If your annual gross revenue, including income from other sources, surpassed PLN 200,000 but you are not considered a business, you must register for VAT. The VAT rates vary per the visitor's country and are updated often.

Authorized parties from EU member states are exempt from paying VAT, while the standard reduced VAT rate for hotels and other lodging services is 8%.

Irrespective of the amount earned non-resident property owners in Poland must register for VAT.

Visit the Polish Tax Authority VAT page.

Tourist tax

Tourist taxes must be collected from your visitors in municipalities and cities where the local council authority has set a tourist tax rate. If you would like to find out the applicable rate, please check with your local authorities. Alternatively, you can go ahead and subscribe to the lodge compliance premium package for your property to learn about all the requirements that are relevant to your property.

For further details, please contact

Ministry of Finance

Ministerstwo Finansów

ul. Świętokrzyska 12

00-916 Warszawa,

Telephone: +48 (22) 694 55 55

E-mail: kancelaria@mf.gov.pl

Webpage:https://www.gov.pl/web/finance

permits, license
Are there any Permits, Licenses, or Registrations for Airbnb in Poland?
Are there any Permits, Licenses, or Registrations for Short-term Rentals in the Country?

In Poland, there is no national requirement for hosts to register their short-term rental properties with a national department or in a central government database. However, local regulations may impose requirements for registration or permits, depending on the city or region where the rental property is located.

For instance, in cities like Kraków, hosts are required to register their properties as facilities providing accommodation services. This process is handled by local authorities. In Gdańsk, hosts need to register with the city for free and also ensure their property complies with local health, safety, and taxation regulations.

Is there any National Association for Airbnb owners in Poland?
Is there any National Association for STR owners in the Country?

There is no national short-term rental association in Poland at the time of compilation of this information, but you may consider joining the European Holiday Home Association on LinkedIn.

National Association for STR Owners

Disclaimer

Lodge compliance is not a licensed tax or financial advisor. Therefore nothing in the above article should be construed as tax, legal, or financial advice. Contact your local tax office for information regarding your personal circumstance.

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