Statutory Warranty for Property Defects in Poland — You Have 5 Years to Claim
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.
If you bought a flat, house or plot of land in Poland and later discovered a defect, you may be protected by rękojmia — the statutory warranty for defects, a buyer-protection mechanism built into Polish civil law. The key point: you have 5 years from the date the property was handed over to demand repair, a price reduction, or to withdraw from the contract. That is longer than the warranty period for movable goods (2 years). This guide explains how to count the deadline, what you can claim, and what happens once the time limit runs out.
The 5-year deadline — from handover (art. 568 § 1 KC)
The legal basis is clear. Article 568 § 1 of the Polish Civil Code (Kodeks cywilny, KC) provides:
"The statutory warranty for defects binds the seller for five years from the day the item was handed over."
In practice, this means: - When does the clock start? From the day you received the keys (handover of the property). - How long does it run? For 5 years from that date. - What can you claim? Repair, a price reduction, or — for serious defects — termination of the contract.
Example: You bought a flat on 1 June 2023. The warranty deadline expires on 1 June 2028. If you discover a defect on 15 July 2027, you're still within the 5-year window and can act. If you discover it on 15 July 2028, it's too late — the warranty has already lapsed.
⚠️ Important: The 5-year period is a limitation period. Once it expires, you can no longer pursue a claim for defects — regardless of whether the defect actually exists.
Property vs. movable goods — why the difference?
Polish law deliberately gives property buyers a longer warranty window than buyers of movable goods:
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Request a free initial assessment| Category | Warranty period | Reason |
|---|---|---|
| Real property (house, flat, plot) | 5 years | Property is a long-term investment; defects can take time to surface |
| Movable goods (car, furniture, appliances) | 2 years | Movable items are treated as more transient |
| Consumer goods bought online | Depends on the platform's terms (eBay, Amazon) — typically 30 days | High-volume retail sales |
Why does property get special treatment? Because: 1. Hidden defects — for example, damp in the walls or foundation problems — can take a full season to become apparent (leaks showing up only in winter, for instance), 2. Repair costs are often substantial — a buyer needs realistic time to fund and organise the work, 3. A property is usually the largest single investment most people ever make, so the law weighs in more heavily on the buyer's side.
When exactly does the clock start running?
The starting point is the "handover" (wydanie) of the property — the moment it passed into the buyer's possession. In practice, this is usually:
- The date stated in the sale contract, if it specifies a completion/handover date,
- The date the keys were handed over, if the contract doesn't specify a precise date,
- The date of entry in the land and mortgage register (księga wieczysta — Poland's official property register), which is rarely used as the reference point; the actual handover date is what normally counts.
[Note: to be confirmed with your lawyer] If the contract says "the property will be handed over 30 days after completion", the clock runs from that later date — even if something happens to the property in the meantime.
What you can claim under the warranty
The warranty gives you a choice between several remedies:
1. Repair at the seller's expense
You can require the seller to fix the defect. If they refuse, you may arrange the repair yourself and claim the cost back from them (art. 471 KC — damages for breach of contract).
2. Replacement of the property
In theory you could ask for the property to be swapped for an equivalent one without defects. In practice this is almost never possible for real estate, since every property is unique. This remedy is rarely used.
3. Price reduction
If the defect is minor or partial, you can demand a reduction in the purchase price reflecting the loss of value. A court will normally set the amount based on an independent valuer's report.
4. Withdrawal from the contract (for material defects)
If the defect is serious — the property has lost a significant part of its value, or it cannot be used for its intended purpose — you may give notice of withdrawal and demand a refund of the price. You will need to prove that the defect is material.
Excluding the warranty — when do you lose your rights?
Polish law lets sellers exclude or limit the statutory warranty, but not in every case:
- A contractual exclusion is generally valid — if the contract includes wording such as "sold with no warranty" or "as seen", this normally holds up,
- BUT it does not apply if the seller knew about the defect (art. 564 KC) — if the seller concealed a known defect, they cannot rely on an exclusion clause to escape liability.
⚠️ Important: If you can show the seller knew about the defect, their protection under an exclusion clause falls away. You need to prove this, however — for example, that the defect was obvious, that the estate agent mentioned prior issues, or that repairs were carried out shortly before the sale.
Acting after you discover the defect
Having 5 years in total doesn't mean you can wait 4.5 years and only then demand a repair. Once you discover a defect, you need to act within a reasonable time:
- Notify the seller — this should be done without undue delay (art. 556 § 2 KC),
- Formal demand — should be sent within a reasonable time (30 days from discovering the defect is generally treated as reasonable),
- Court proceedings — if the seller disputes the claim, you can sue, but you must do so before the 5-year warranty period expires.
Example: You discover a defect on 1 July 2027. You should notify the seller by 1 August 2027. If they disagree, you have until 1 June 2028 to file a claim in court — because that's when the warranty period expires.
Pursuing a warranty claim from the UK
If you live in the UK but bought property in Poland, here's the typical process:
- Power of attorney — you sign a power of attorney (pełnomocnictwo) authorising a Polish lawyer to act for you,
- Written notification — your representative sends formal written notice of the defect to the seller,
- Negotiation — if the seller disagrees, your representative can pursue the claim through the Polish courts,
- Hearings — in most Polish courts you can now attend hearings remotely, so you don't necessarily need to travel back to Poland.
Frequently asked questions
When exactly does the warranty period expire? Exactly 5 years from the day the property was handed over. This is a fixed deadline — a court cannot extend it. Tracking this date is the buyer's own responsibility.
Can the warranty be excluded by contract? Yes — if the contract includes such a clause and the seller genuinely didn't know (and had no reason to know) about the defect. If the seller knew and concealed it, the exclusion is invalid (art. 564 KC).
What if the seller can no longer be reached, or has moved abroad? You can sue them at the address given in the sale contract. The court can appoint a representative for them and proceed with the case. The judgment is binding even if the seller doesn't appear.
Is a warranty claim the same as a damages claim? No. The statutory warranty (rękojmia) is a special buyer-protection mechanism for property. Damages under art. 471 KC are a separate claim for loss. You may be able to pursue both — but this needs to be discussed with a lawyer.
Does the 5 years run from completion, or from when you actually moved in? It runs from handover of the property — normally the date fixed in the contract. It is not counted from when you moved out, or moved in; it runs from the moment the property legally passed into your possession.
Free assessment of your warranty claim
Have you found a defect in a property you bought in Poland? Not sure whether the warranty period has already run out? Get in touch with Twoja Sprawa at twojasprawa.com. We'll connect you with a Polish lawyer who can review the time limit, the contract, and your position — free of charge.
Sources
- Art. 568 § 1 KC — statutory warranty period for property defects — OpenLEX
- Art. 556 KC — definition of a defect — OpenLEX
- Art. 564 KC — stricter liability where a defect was concealed — OpenLEX
- Art. 471 KC — damages for breach of contract — OpenLEX
- Code of Civil Procedure (KPC), art. 100 — recovery of litigation costs — OpenLEX
- Commentary on the Civil Code (Osajda S., ed., Wolters Kluwer 2022)
Date last checked: 27 June 2026.