Abstract

The article analyses the current case law of the Supreme Court regarding the problem of legal classification of balconies under the Act on Ownership of Premises of 24 June 1994 and the resulting designation of an entity responsible for maintenance and repair of balconies. The author supports the view adopted by the Supreme Court in its Resolution of 7 March 2008, III CZP 10/08, assuming split responsibility depending on whether a given element of the balcony is used only to meet the needs of the residents of a given unit, or is a component of the balcony’s structure permanently attached to the building