The municipality may, but is not obliged to, include properties deemed uninhabited in its municipal waste management system. Holiday cabins are a specific type of uninhabited property for which waste charges take the form of an annual lump sum. Thus, whether we have to pay for waste in a holiday cabin depends solely on the will of the municipal council.
Do I have to pay for waste in a holiday cabin that is inhabited?
Holiday homes and other properties used for recreational and leisure purposes are intended only for temporary stays. Therefore, although these buildings are not permanent residences, they can still generate municipal waste.
When it comes to waste charges, the property's designation and its actual occupancy state don’t matter. If the property is used for living in, the municipality must arrange waste collection, and the owner of the holiday cabin is obliged to pay the waste fee. Waste management costs are set according to rates for properties where residents live, not lump-sum rates.
Oskar Cabin - 5.9x5.9m (SSZ)
Adam IV Cabin - 36 m² (WT2021)
Kazimierz House - 63 m² (SSZ)
Do I have to pay for waste in a holiday cabin?
Since holiday cabins are not permanently inhabited properties, the council decides whether they participate in a organized waste collection system. If, based on Article 6c(2), the council decides to cover the property with the municipal waste collection system, it is also obliged to set a lump-sum fee for the holiday cabin.
If the municipal council does not adopt such a resolution, the property owner is obliged to dispose of waste in accordance with the rules set out in Article 6(1) on maintaining cleanliness and order in municipalities. The rules indicate the obligation to enter into a contract with a licensed waste collector. Therefore, regardless of the municipality's decision, holiday cabin owners must pay for waste in the holiday cabin.
Do I have to pay for waste in a holiday cabin when it is not in constant use?
The only way to avoid municipal waste charges is to submit to the municipality a statement saying that the owner does not generate waste because the property is not used on a permanent basis. In such a case it may be necessary to prove to the municipality that waste generated during stays at the holiday cabin is properly disposed of. A sufficient proof could be bagging the waste and disposing of it at a permanent residence.
What is the waste charge for a holiday cabin?
For properties used for recreational and leisure purposes, including holiday cabins, the council may set a lump-sum waste fee. Waste charges for a holiday cabin may not exceed 10% of the average monthly disposable income per person overall.
For an uninhabited property, the waste management charges are the product of the declared number of containers or bags intended for collecting municipal waste generated on that property and the rate of the municipal waste management charge.