Property Defects in Poland: Repair Cost Estimates and Claiming Compensation

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 discovered a defect in a Polish property and you've either already paid for repairs or you're about to. The question is: how do you calculate the cost of the defect, and how do you claim it back from the seller? A properly prepared cost estimate is the key. This article explains how a surveyor's cost estimate is put together, how the two available routes — the statutory warranty (rękojmia) versus damages under Article 471 of the Civil Code (Kodeks cywilny, KC) — work, and how to run the case from first notice through to a court claim.

The surveyor's cost estimate — your key piece of evidence

If you want to claim the cost of repairing a defect, you must prove it. The single most important piece of evidence is a cost estimate (kosztorys) prepared by a qualified building surveyor (sometimes called an expert, rzeczoznawca budowlany).

The surveyor will: 1. Inspect the defect — visit the property, examine the defect and take measurements, 2. Diagnose the cause — identify whether it stems from a design error, faulty materials or poor workmanship, 3. Estimate the repair cost — based on current material and labour prices, work out what the repair will cost, 4. Produce a report — a signed and stamped document you can put before the court.

Format: A surveyor's cost estimate is a formal document, typically 3–10 pages, describing the defect, its cause, the materials needed for the repair, labour rates and a final total figure.

Two routes for recovering costs — statutory warranty vs. damages

Once you have a cost estimate, you have two possible routes.

1. Statutory warranty (rękojmia, Article 556 KC)

This is a default right of the buyer under Polish law. You can demand: - Repair — the seller should fix the defect at their own cost, - A price reduction — if repair isn't possible, you claim a reduction equal to the repair cost, - Rescission of the sale — only where the defect is material (it changes the property's value or intended use).

Time limit: 5 years from the date the property was handed over (Article 568 KC).

2. Damages (Article 471 KC)

This is a more general claim for loss caused by the seller's negligence: - You can claim the cost of repair (if you've already carried it out), - You can claim the loss in the property's value (if you don't intend to repair it), - You can claim your expert's fees (if you win).

Time limit: 3 years from the date the damage was discovered (Article 118 KC).

The difference: The statutory warranty is an automatic right — the seller is liable for defects regardless of fault. Damages require you to show the seller was at fault — that they knew about the defect and failed to disclose it, or acted negligently.

Surveyor's fees — who pays?

Important: If you win the case, the court can order the seller to reimburse legal, expert and court fees (Article 100 of the Code of Civil Procedure, Kodeks postępowania cywilnego, KPC). That is why you should keep every invoice.

Step by step — claiming repair costs

Step 1: Document everything

Take photos of the defect (close-ups, with a tape measure or ruler visible). If you've already started repairs, keep every invoice from the contractor.

Step 2: Instruct a surveyor

Ask a few surveyors for a quote (usually free). Choose one and instruct them to prepare the cost estimate. Cost: PLN 3,000–10,000.

Step 3: Written notice to the seller

Send a letter (by registered post, list polecony):

"I have discovered a defect in the property (description). I enclose the surveyor's cost estimate. I am demanding payment of PLN X within 14 days. Alternatively, I am demanding a price reduction of that amount."

Step 4: Wait and negotiate

The seller typically has 14 days to respond. Possible outcomes: - They agree — they pay, and the matter ends there, - They refuse — you move on to a court claim, - They counter-offer — you negotiate (e.g. they agree to a lower amount).

Step 5: Court claim

If you can't reach agreement, the claim should be filed by a lawyer on your behalf and should include: - A description of the defect, - The surveyor's cost estimate, - The amount claimed (repair cost, loss in value, expert's fees).

Step 6: Hearings

The court may: - Order a second, court-appointed expert report — if the parties disagree, - Order payment — if your cost estimate is credible, - Reduce the amount — if it considers the cost estimate inflated.

Expert fees — reimbursement by the court

If you win, the court will usually order the seller to reimburse your expert's fees. This is governed by:

• Article 100 KPC — reimbursement of costs of proceedings,
• Article 102 KPC — the extent of reimbursement (usually the full amount, though the court has discretion to reduce it).

To secure reimbursement: 1. Keep all invoices from the surveyor, 2. Attach them to the claim as evidence of costs incurred, 3. Claim reimbursement explicitly within the claim (as part of the damages sought).

⚠️ Note: If you lose the case, you will typically have to pay the seller's expert fees. That's why your surveyor needs to be credible and objective.

Running this from the UK

If you live in the United Kingdom: 1. Instruct a building surveyor in Poland — they will prepare the cost estimate, 2. Instruct a Polish lawyer — they will represent you in court, 3. Hearings — you can often attend remotely by video link.

Frequently asked questions (FAQ)

Do I need to repair the defect before I can sue? No. You can claim repair costs without having carried out the work, based on the cost estimate alone. That said, if you've already had the work done, invoices are stronger evidence than a cost estimate on its own.

How much does a surveyor's cost estimate cost? Typically PLN 3,000–10,000, depending on how complex the defect is. Simple defects (a window, a door) cost less. Structural defects (foundations) cost more.

Can I claim under both the statutory warranty and damages at the same time? In theory, yes — but in practice, you usually pursue one route (either the warranty or damages), and the court will look at which claim is stronger.

How long does a case like this take? 1–2 years at first instance. Add another year if there's an appeal.

What if the cost estimate shows repairs of PLN 50,000, but I bought the house for PLN 300,000? The court will assess whether the PLN 50,000 defect (16% of the value) justifies the amount claimed. If so, you may be able to claim the full sum. If the defect is considered "minor" relative to the property's value, the court may reduce the amount awarded.

What if the seller claims the defect was caused by my own neglect? This will become a disputed question of causation. Your surveyor should address it — was the defect pre-existing (the seller's responsibility), or did it arise from how you've used the property since? Expert evidence is essential here.

Free review of your case

Have you found a defect and got a cost estimate, but you're not sure how to claim the money back? Get in touch with Twoja Sprawa at twojasprawa.com. We'll review your situation free of charge and put you in touch with a Polish lawyer.

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 that you will win, or any specific amount of reimbursement.

Sources

• Article 556 KC — statutory warranty for defects (rękojmia) — OpenLEX
• Article 471 KC — damages for loss caused (odszkodowanie) — OpenLEX
• Article 100 KPC — reimbursement of costs of proceedings — OpenLEX
• Article 118 KC — limitation period for damages claims (3 years) — OpenLEX
• Article 568 KC — limitation period for warranty claims (5 years) — OpenLEX
• Code of Civil Procedure (Kodeks postępowania cywilnego) — rules on expert costs — OpenLEX

Related articles

• Hidden defects in a flat — what to do (in Polish)
• Statutory warranty for property defects — 5 years (in Polish)
• Buildings with structural defects — claims (in Polish)