Structural Defects in a Polish Property: What Claims Can You Bring as a Buyer?
This guide is general legal information, not legal advice. How the rules apply depends on your individual circumstances, and the matter should be assessed by a qualified Polish lawyer. Twoja Sprawa helps you organise the documents for that assessment.
You've bought a house or flat in Poland and discovered cracks in load-bearing walls, foundation problems, a defective roof, or faults in the main structural installations. These aren't "minor snagging issues" — they are structural defects, and they threaten the building's stability and the safety of the people living in it. Polish law gives you substantial scope to pursue claims. This article explains what counts as a structural defect, how to prove it, who to hold responsible — and what financial claims you can bring.
What counts as a structural defect
Structural defects are faults affecting the load-bearing elements of a building that threaten its stability, safety or durability. They include:
- Foundations — subsidence, cracking, damp penetration, concrete damage,
- Load-bearing walls — cracks, bulging, reduced load capacity,
- Floor slabs and beams — corroded reinforcement, cracking, sagging,
- Roof — leaks, damage to the roof structure (rafters/trusses), damp penetration,
- Core installations — drainage, water and electrical systems built into structural elements.
These differ from cosmetic defects (e.g. cracked plaster, damaged skirting boards), which usually only give you the right to a price reduction. Structural defects can give you the right to rescind the purchase entirely.
⚠️ Note: If the defect is discovered within 5 years of the property being handed over, you have a claim under the statutory warranty, rękojmia (Article 568 of the Polish Civil Code, KC). After 5 years, you would need to prove the defect already existed at the time of purchase.
Material vs minor defect — why it matters for your rights
Polish law distinguishes between:
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Request a free initial assessment| Type | Definition | Available claim |
|---|---|---|
| Minor defect | The property is worth less, but its basic function isn't compromised | Repair or price reduction |
| Material defect | The property has lost a significant part of its value, OR no longer serves its basic purpose (habitation) | Rescission of the sale + refund of the price |
Structural defects such as cracked foundations or a failing roof can qualify as material defects — because they threaten safety and cause a major loss of value. That means you may be able to demand rescission of the sale and a full refund of the purchase price, not just a reduction.
The building expert report — your key piece of evidence
To win a structural-defect claim, you have to prove it. The most important piece of evidence is an expert report from a chartered building surveyor (rzeczoznawca budowlany, sometimes acting as a court-appointed expert, biegły sądowy).
The surveyor will: - Inspect the property on site, - Diagnose the defect — identify the cause (design error, workmanship error, faulty materials), - Estimate repair costs — how much the repair will cost, - Assess the loss in value — by how much the property's value has fallen, - Produce a written report — the document you submit to the court.
Cost of the report: Typically PLN 2,000–10,000, depending on the complexity of the defect. If you win the case, the court can order the seller to reimburse this cost (Article 100 of the Polish Code of Civil Procedure, KPC).
Who is liable — the seller, the developer, or the builder?
This depends on where the defect originated:
1. The seller (a private individual)
If you bought the house from a private owner, the seller is liable under the statutory warranty (rękojmia, Article 556 KC). If they knew about the defect and concealed it, liability is more severe (Article 564 KC).
2. The developer (purchase of a flat in a new building)
A developer is liable under: - The standard statutory warranty (Article 556 KC) — 5 years, - The warranty for construction defects (Article 651 KC) — 10 years — for defects that could only emerge during ordinary use of the building, - Tortious/contractual liability (Article 471 KC) — for negligence, where the defect caused loss.
3. The building contractor
If the defect stems from errors made during construction, you may be able to sue the contractor directly. This is more complex — you'd need to challenge the construction contract, guarantees, etc. — but it is possible.
⚠️ Important: If you bought from a seller who had themselves bought from a developer, you can still sue that seller. They, in turn, can bring a recourse claim against the developer.
Damages claims (Article 471 KC) alongside the statutory warranty
Besides the statutory warranty remedies (repair, price reduction, rescission), you can also pursue damages for loss suffered:
- Cost of repair — if you've already fixed the defect,
- Loss in property value — the extent to which the value has fallen,
- Cost of the expert report — if you win,
- Legal costs — your lawyer's fees (if you win),
- Non-material harm — harder to establish, but possible where the defect endangered health (e.g. damp causing mould).
Claims under Article 471 KC are not tied to the same time limit as the statutory warranty — they become time-barred 3 years from when the loss became known, whereas the statutory warranty runs for 5 years from handover. This matters — if you've missed the statutory-warranty window, you can sometimes still pursue a damages claim.
How to proceed, step by step
1. Photographic evidence
Take detailed photographs of the defect, ideally with a scale reference (a tape measure works well). Photograph it from several angles.
2. Written notice
Send a letter to the seller (registered post or email) in which you: - Describe the defect in detail, - Demand repair within a reasonable period (e.g. 14 days), - Set out the alternative remedy you'll pursue (price reduction or rescission, if the defect is material).
3. Expert report
Instruct a building surveyor to prepare an expert report. This will be your main piece of evidence in court.
4. Court claim
If the seller refuses to cooperate, your lawyer would need to file a claim with the court. The claim should include: - A description of the defect and the expert report, - The remedy sought — repair, price reduction, or rescission, - A claim for damages (repair cost, loss in value).
5. Court proceedings
The court may: - Grant the claim by default — if the seller doesn't respond, - Order a separate court-appointed expert report — if the parties dispute the private one, - Issue a judgment — in your favour or against you.
Handling this from the UK — remote representation
If you live in the UK: 1. Send a power of attorney to a Polish lawyer (this can be done online, with a digital signature), 2. Send them your documents (the purchase contract, photographs, expert reports), 3. Your representative acts for you before the Polish court, 4. Hearings take place in Poland, but you may be able to attend remotely by video link.
Frequently asked questions
Who pays for the building expert report? Initially, you do — but if you win the case, the court can order the seller to reimburse the cost. Always keep the invoices and receipts.
Can I claim a full refund of the price for a structural defect? Yes, if the defect is material (causes a significant loss of value). Cracked foundations or a defective roof are usually treated as material — but this is ultimately for the court to determine, based on the expert evidence.
How long does a case like this take? Typically 1–2 years at first-instance court. Add another year if there's an appeal. It's a long process, but a worthwhile one — structural defects are a serious matter.
What if I discover the defect after 5 years? The statutory warranty will have expired, but you may still be able to claim damages (Article 471 KC) if you can prove the defect existed at the time of purchase. You would need to argue this was the seller's negligence, not something that arose from your own use of the property.
Can I sue a developer who no longer exists (has gone bankrupt)? Technically difficult, but possible. You can sue the seller instead — they remain liable under the statutory warranty. If the seller is insolvent, enforcement would proceed against their remaining assets.
Free assessment of your case
Found a structural defect and unsure what your options are? Get in touch with Twoja Sprawa at twojasprawa.com. We'll review your situation free of charge and connect you with a Polish lawyer specialising in real estate.
Disclaimer
Twoja Sprawa (twojasprawa.com) is a matching platform, not a law firm. This article is for general information only. Every case requires individual assessment. We do not guarantee a win or any particular amount of compensation. Structural defects are a complex area — always consult a lawyer who specialises in real estate.
Sources
- Article 556 KC — statutory warranty for defects (rękojmia) — OpenLEX
- Article 568 KC — 5-year statutory warranty period — OpenLEX
- Article 651 KC — statutory warranty for construction defects (developer, 10 years) — OpenLEX
- Article 471 KC — damages for loss — OpenLEX
- Article 100 KPC — reimbursement of proceedings costs — OpenLEX
- Structural defects — expert assessment — PZITB (Polish Chamber of Civil Engineers)
Related articles
- Hidden defects in a flat — what to do (in Polish)
- Statutory warranty for property defects — 5 years (in Polish)
- Cost estimate for defect repairs — how to pursue it (in Polish)