The developer handed over your flat with cracks in the walls, leaky windows, uneven floors or an installation that doesn't match the plans? Or defects appeared months after handover? Polish law gives you concrete rights — and concrete deadlines the developer must meet.
Two layers of protection: the Developer Act and Civil Code warranty
Since 1 July 2022 all developer agreements signed after that date are governed by the Act of 20 May 2021 on the Protection of the Rights of Buyers of Residential Units and Single-Family Houses (Dz.U. 2024 poz. 695). Agreements signed before 1 July 2022 are subject to the older 2011 Developer Act.
In parallel, the Civil Code warranty applies — Art. 568(1) CC: the warranty period for defects in real estate is 5 years from handover. This is your main protection for hidden defects discovered long after the handover inspection.
The handover protocol — the most important document
Art. 41(1) of the Act: the developer and buyer conduct the handover jointly, documented in a protocol in which the buyer may note defects. The developer cannot refuse to record defects in the protocol.
Art. 41(4) and (5): if the defect is significant — the buyer may refuse to accept the flat and set the developer a deadline for its removal (at least 30 days from notification — Art. 41(7)). If the developer fails to remove the defect within that deadline, the buyer may withdraw from the developer agreement (Art. 41(6)).
Practical tip: bring an independent building inspector to the handover. They spot defects you won't notice. Everything you find — note it in the protocol. Signing the protocol without reservations makes it much harder to prove defects existed at handover.
Deadline for the developer to fix defects
Art. 43(1): the developer must fix defects noted in the handover protocol within 30 days of signing. If technically impossible, the developer must specify a different deadline and justify it (Art. 43(2)). That alternative deadline may not be unreasonable.
Art. 43(4): if the developer fails to fix defects within the deadline, the buyer may set an additional deadline — after which the buyer may fix the defects at the developer's expense.
What you can claim for defects found after handover
Under the Civil Code warranty (Art. 560–561 CC):
- Repair — at the developer's cost and within a reasonable time
- Price reduction — proportional to the extent of the defect
- Withdrawal from contract — when the defect is significant and the developer failed to fix it
Art. 556³ CC — presumption of defect: if the defect appeared within one year of handover, it is presumed to have existed at handover. The developer must rebut this — you don't have to prove the defect originated before handover.
If the developer doesn't respond
- UOKiK — complaints about developers using unfair practices are handled as a priority
- Building Supervision Authority (Inspekcja Nadzoru Budowlanego) — for structural defects threatening safety
- Civil court — warranty claims, compensation for fixing defects at the developer's cost
Flat defects from a developer? Generate a formal letter.
Describe the defects → we generate a letter citing Art. 43 of the Developer Act and Civil Code warranty → PDF in 5 minutes. PLN 29.