Hidden Defects in a Polish Flat After Purchase: What Are Your Rights?

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 flat in Poland, moved in — and then discover the roof leaks, the foundations are settling, or the plumbing is dangerously faulty. Defects that couldn't have been spotted during a normal viewing are called hidden defects (wady ukryte). Polish civil law protects the buyer in exactly this situation. This article explains what counts as a hidden defect, what rights you have, how to report a defect, and what remedies are available — from repair, through a price reduction, to cancelling the sale altogether.

What counts as a hidden defect in a property?

A hidden defect (also called a concealed or non-obvious defect) is a flaw in the property that the buyer could not reasonably have detected during a reasonably careful viewing before signing the contract. It differs from a visible defect — one a prospective buyer could have identified simply by looking at the flat.

Under Article 556 of the Polish Civil Code (Kodeks cywilny, KC), a defect is any non-conformity of the property with the contract, or the absence of qualities the seller assured it had.

Examples of hidden defects: - cracks in the foundations only visible after moving in, - roof leaks that only show up in winter, - electrical or plumbing faults discovered through use, - damp in the walls or general lack of insulation, - moisture in partition walls that isn't visible from inside the flat.

Important: A visible defect (e.g. a visible crack, damaged skirting board) usually does not give rise to a warranty claim, unless the seller promised to fix it and failed to do so. The law assumes you bought the flat "as seen" if you could see its condition.

Statutory warranty for property defects — 5 years

The key point: you have 5 years from the date the property was handed over to bring a claim for defects. This is set out in Article 568 § 1 of the Civil Code, which provides:

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"The seller's liability under the statutory warranty for defects in a thing lasts for five years from the date the thing was handed over." (Rękojmia za wady rzeczy obowiązuje sprzedającego przez lat pięć od dnia wydania rzeczy.)

In practice this means: 1. The clock starts when you received the keys (handover of the property). 2. For 5 years you can report defects and demand repair, a price reduction, or cancellation of the sale. 3. This is longer than for movable goods (2 years there) — which makes sense, since properties are more durable and defects can take time to surface.

The 5-year period is known as the limitation period for the statutory warranty (rękojmia). Once it expires, you lose the right to claim, even if the defect is obvious.

Step 1 — Report the defect to the seller (IN WRITING!)

As soon as you identify a defect, report it to the seller immediately — ideally in writing (email, recorded-delivery letter, even a text message all count, but a recorded-delivery letter is best because you get proof of delivery).

Your written notice should include: - a precise description of the defect (where it is, how it manifests, when you discovered it), - the action you're demanding (e.g. "I require you to repair the leaking roof within 14 days" or "I am demanding a price reduction of X").

Why in writing? Because: 1. You have proof that you reported the defect, 2. The court will know the seller had a chance to respond, 3. If it comes to a claim, you already have the documentation.

⚠️ Note: If you report the defect verbally and the seller denies it, it becomes your word against theirs. That's why you should always put it in writing.

Step 2 — Your options: repair, price reduction, or cancellation

Once you've reported the defect, you have the right to choose one of three remedies (or a combination, depending on how serious the defect is):

1. Repair of the property

You can require the seller to repair the defect, at their cost. If, say, the roof leaks, the seller should fix it at their own expense — and if they fail to do so within a reasonable time, you can: - arrange the repair yourself and claim reimbursement of the cost from the seller (Art. 471 KC — damages), - sue the seller in court for the repair.

2. Price reduction

If the defect is minor or moderate — e.g. a window in one room needs replacing, on a property that cost PLN 300,000 — you can demand a price reduction. The size of the reduction should reflect the loss of value caused by the defect.

Example: if fixing the window costs PLN 3,000 and the property was worth PLN 300,000, the reduction might be around PLN 3,000–5,000 (it depends on the court's assessment).

3. Cancelling the sale

If the defect is material — that is, serious enough that the property has lost a significant part of its value or no longer serves its basic purpose — you can cancel the sale (odstąpienie od umowy) and demand a full refund of the price.

Examples of material defects: - foundations in poor condition, at risk of collapse, - a heating system that is completely non-functional, - leaking drainage that poses a health risk, - extensive damp affecting the whole flat.

⚠️ Important: Cancelling the sale is a last resort — you have to prove the defect is genuinely material. The court will assess this based on an expert surveyor's report.

Seller concealed the defect — stricter liability

Polish civil law provides for stricter liability where the seller knew about the defect and didn't disclose it (i.e. deliberately concealed it).

Article 564 of the Civil Code provides:

"If the seller knew of the defect in the thing, they cannot exclude or limit the statutory warranty." (Jeśli sprzedający wiedział o wadzie rzeczy, nie może wyłączyć rękojmi ani zawęzić jej zakresu.)

This means: 1. The seller cannot rely on an "as is, no warranty" clause. 2. You can pursue more far-reaching remedies — even where the defect might normally be tolerated, a court may take a stricter view if the seller concealed it. 3. You may also be able to claim additional damages for loss caused by the seller's deceptive conduct.

Evidence: documentation, a surveyor, an expert opinion

To win your case, you need to prove the defect exists. Useful evidence includes:

⚠️ Cost of the surveyor: Usually the party who hires the expert pays their fee upfront. However, if you win the case, the court can order the seller to reimburse the expert's costs (Art. 100 of the Code of Civil Procedure, KPC).

How to handle this from the UK

If you bought a property in Poland and live in the UK:

  1. Power of attorney — send a power of attorney to a Polish adwokat or radca prawny (both are qualified Polish lawyers, roughly equivalent to a solicitor/barrister) to represent you in the matter,
  2. Documents — send your lawyer the purchase contract, photos of the defect, and any surveyor's report,
  3. Communication — all correspondence with the seller goes through your lawyer (they will liaise with the court, the seller, etc.),
  4. Hearings — in most cases you can attend remotely (by video link, where the court allows it).

Frequently Asked Questions

How long do I have to report a defect? 5 years from the date the property was handed over. That's a generous window, but don't wait too long — the older the claim, the harder it is to prove the defect was there from the start (and didn't arise from your own neglect while using the property).

What if the seller claims they didn't know about the defect? Then the burden of proof shifts to you — you need to show a surveyor's evidence that the defect was present at the time of sale. If you can prove the seller should have noticed it (because it was visible or resulted from neglect), their position is weaker. If the seller admits they knew but didn't disclose it, that works against them (Art. 564 KC).

Can I cancel the sale and get a full refund? Only if the defect is material (seriously reduces the value or usability of the property). Minor defects call for repair or a price reduction, not cancellation of the sale. This is for the court to assess.

What if the seller claims the contract excluded the statutory warranty? "No warranty" clauses are usually invalid or limited in scope — especially if the seller knew about the defect. Art. 558 KC allows the warranty to be excluded, but Art. 564 KC prohibits this where the seller had knowledge of the defect.

Free case review

If you've discovered a defect in your Polish flat and aren't sure whether you have a claim, get in touch with Twoja Sprawa at twojasprawa.com. We'll connect you with a Polish adwokat or radca prawny who will review your contract and situation — free of charge. With that assessment, you'll know whether pursuing a claim is worthwhile.

Disclaimer

Twoja Sprawa (twojasprawa.com) is a platform that connects clients with regulated Polish adwokaci and radcowie prawni — it is not a law firm and does not itself provide legal services. This article is for general informational purposes only and does not constitute legal advice. Every case requires an individual assessment by a qualified lawyer. We do not guarantee any outcome or the recovery of any money. All legislation cited is referenced to its source.

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