- The task provides for a narrowing of the catalogue of organisations and entities entitled to receive support under the social and municipal construction programme, so that non-refundable grants go to entities with public benefit position or a sufficiently long period of activity in the area of social assistance.
- At the same time, the amendment eliminates a structural mistake in the provision concerning the fixing of a regular fee for the provision of accommodation facilities to meet the needs of students and PhD students, replacing the incorrect mention to the restoration value of the premises with the appropriate conversion rate of the replacement cost of 1 m2 the utility area of residential buildings.
- The task besides provides for the anticipation of utilizing unused funds of the "Stop Smog" programme to finance premiums under the TERMO programme and to adapt statutory terminology to the current wording of the National Recovery and Immunity Plan.
Objective of the proposed amendments
The main nonsubjective of the proposed regulation is clarification of the functioning of the social and municipal building programme (hereinafter: BSK), in peculiar as regards the catalogue of beneficiaries entitled to non-refundable financial support from the Payment Fund.
The task promoter points out that the existing provisions, as provided for by the Act of 10 December 1920 on the amendment of certain laws in support of the improvement of housing (Journal of Laws of 2021, item 11), have enabled non-profit entities to apply for funds, which in practice led to an increase in the number of applications made by entities not having the applicable experience.
The second crucial nonsubjective of the task is removing explanation problems related to the current wording of Article 7c(3a) of the Act of 8.12.2006 on the financial support of certain housing projects (i.e. OJ of 2024 item 304; hereinafter: FinWspLok Bezdu). In the opinion of the projector, the current provision contains a logical mistake as it refers to the value of the premises, although the conversion rate of the replacement cost of 1 m should be utilized for the correct determination of the regular charge.2 the utility area of residential buildings.
The 3rd nonsubjective of regulation remains linked to ensuring continuity of financing of modernisation and renovation projects under the TERMO programme. The legislator aims to let the usage of funds remaining on the account of the Fund for Thermomodernisation and Refurbishment, which were originally intended for low-carbon projects under the halt Smog programme, but will no longer be utilized for the intent of ending fresh calls.
Scope of the proposed changes
The task covers 3 key regulatory areas: clarifying the list of beneficiaries of the BSK programme, correcting structural errors in the rules on the setting of fees, and ensuring the efficient usage of the Termomodernisation and Restoration Fund. In addition, the changes are of an adjustment nature in terms of terminology resulting from the update of the National Recovery and Immunity Plan.
Detailed scope of the amendments
Limiting the catalogue of beneficiaries of support
The proposed Article 6ab of FinWspLokDU introduces new criteria for access to funds for non-governmental organisations and entities referred to in Article 3(3) of the Act of 24.4.2003 on public benefit and voluntary activities (i.e. OJ of 2025 item 1338). Pursuant to the proposed financial regulation, support for projects referred to in Articles 4 and 6 of FinWspLokNokDU will only be granted to those entities which have the position of a public benefit organisation, or during at least 3 years prior to the submission of the application, carried out social assistance activities involving support in the regular functioning of persons in request of specified support, in peculiar due to the hard situation of life, age, disability or illness, or the activity of assistance to homeless persons.
This amendment is intended to straight reduce the hazard of improper preparation and implementation of public-funded projects. The explanatory memorandum indicated that after raising the level of non-refundable financial support to 80% of the project's costs, an increase in the number of applications submitted by recently established organisations that did not always have adequate organisational and substantive experience to carry out investments involving construction work, coordination of the investment process and subsequent provision of social services was observed.
Correction of the calculation of fees
The draft provides for the amendment of Article 7c(3a) of the FinWspLok Bezdu by replacing the words ‘recreational value of the premises calculated in accordance with Article 9(8)’ with the words ‘recalculation cost indicator 1 m’2 the useful area of residential buildings referred to in point (12) of Article 2.’; As indicated in the explanatory memorandum, the erstwhile wording of the provision led to a logical error, since the restoration value of the premises was already the product of its useful area and the applicable conversion factor, so that the present edition of the provision might have led to incorrect double consideration of the surface.
The intent of this amendment is to an indication of the correct calculation of the regular fee for making available a area to meet the needs of students and PhD students. The designer emphasizes that the number of square meters of surviving space per student or doctorate should be multiplied by the conversion rate of the replacement cost, alternatively than by the restoration value of the premises, which will remove the explanation doubts raised in practice.
Use of the halt Smog programme
The task amends Article 25 of the Law of 21.11.2008 on the promotion of thermomodernisation and renovations and the central registry of the issuance of buildings (i.e. OJ of 2025 item 1419) by adding paragraph 3 which allows the usage of unused funds of the "Stop Smog" programme to finance thermomodernisation premiums, renovation premiums, MZG premiums, compensation premiums and flood premiums under the TERMO programme.
The explanatory memorandum indicated that at the end of December 2025, around PLN 147.7 million of unused funds remained in the Fund for Thermomodernisation and Repair, which could only be changed as a consequence of the possible annexation of previously concluded contracts. At the same time, in 2025, 1276 applications were submitted for support from the Fund for Thermomodernisation and Repair for a full amount of PLN 292.9 million during the period of January-July, and a advanced interest in support led to a temporary interruption of the acceptance of applications by Bank Gospodarstwa Krajowego since 8.8.2025.
The task promoter points out that, while maintaining request at a level close to 2025, the request for support in 2026 may scope around PLN 503 million, while the budget bill for 2026 provides for the Fund to receive PLN 331 million. In this context, the redirection of unused funds from the Smog programme is intended to let for the financing of a much larger number of projects without the request to affect additional resources from the State budget.
Adjustment of terminology to KPO
Amendments to points 15 and 16 of Article 2 and to points 3 of Article 22a(3) and Article 22f(1) of FinWspLokBezdu, and to Article 7(1) of the Act of 29.9.2022 on the amendment of certain laws in support of improving housing conditions (Journal of Laws 2022 item 2456), are of an adjustment nature and consequence from the update of the names of investments in the framework of the National Recovery and Improvement Plan after the 4th revision of the KPO.
In particular, the existing terms ‘Improving energy efficiency in multi-family residential buildings’ and ‘Investments in energy-efficient housing for low and medium-income households’ are replaced by ‘Investments in energy efficiency of multi-family residential buildings’ and ‘Investments in residential projects’. These changes do not interfere with the scope of the support in question or the principles of its provision, but are intended to guarantee consistency of national laws with the NAP programming documents.
Legislative phase
The draft provides for different dates of entry into force. The rule is to enter into force of the Act on the day following the date of publication, while Article 1(2) and Article 4(1) are to enter into force 14 days after the date of publication.
Such differentiation vacatio legis The legislator justifies the request to supply time for NGOs and entities wishing to apply for support under fresh rules to learn about the fresh requirements. At the same time, the another provisions are to enter into force immediately in order to let the usage of funds for the TERMO programme as shortly as possible and to remove the explanation doubts regarding the application of the rules on the setting of fees and updating of statutory terminology.
