Polish Developer Won't Fix Defects in Your New Flat? Your Options

You signed the handover protocol (protokół odbioru — the handover report listing the flat's condition and any defects), a snagging list appeared straight away, and the developer is neither fixing anything nor answering your letters. This happens more often than you'd think, and there are both short-term and longer-term routes to sort it out. If you're in this position, it's important to understand your rights, the procedure, and at what point it's worth bringing in a lawyer. This guide sets out the legal picture in full — without promising a particular outcome, because every case depends on the contract, the evidence and the circumstances.

This guide is general legal information, not legal advice. How the rules apply depends on your contract, your evidence and the circumstances — including whether the purchase was made as a consumer, a private individual acting outside a business, or a business. If you need advice or representation, the matter should be assessed by a qualified Polish lawyer. Twoja Sprawa helps you organise the documents for that assessment.

What rights you have against the developer over defects

Your rights depend above all on when you discovered the defects and whether you bought the flat as a consumer (a private individual buying outside any trade or profession) or as a business. This distinction changes everything — a consumer has stronger statutory protection.

If you're a consumer: - You're covered by the Developer Act (ustawa deweloperska) of 20 May 2021, which sets out the whole procedure for handover, reporting defects and having them fixed. - You're entitled to the statutory warranty for defects (rękojmia — a statutory guarantee against defects, separate from any voluntary manufacturer's guarantee) on the property. The warranty period is 5 years from the transfer of ownership (Article 568 of the Polish Civil Code). - As a general rule, the developer has 14 working days from the handover protocol to accept or reject the defects, and then generally 30 days to fix them — ⚠️ the exact deadlines need checking against the facts of your particular case.

If you're buying as a business: - Instead of the Developer Act, the general Civil Code warranty provisions may apply. - The scope of the warranty can be limited in a B2B contract — read carefully what you signed up to.

What to do when the developer doesn't respond to your defects report

Once a problem appears, work through it systematically:

1. Record the defects in writing - Before signing the handover protocol, take detailed photographs and video of every missing item or fault. - Note everything on the protocol itself, specifically and measurably (e.g. "15 cm scratch on kitchen tile", "socket in bedroom 2 not working" — not "various minor damage"). - It helps if the protocol is dated and signed by both parties.

2. Send a written notice - If the developer says "we'll fix it" but doesn't — send a formal notice to remedy the defects, ideally by email (with a read receipt) or by recorded-delivery letter. - List the defects specifically, refer back to the handover protocol, and set a reasonable further deadline (e.g. 7–14 days). - Keep a copy of the notice you sent — it will be important evidence.

3. Document your attempt to settle amicably - It's good practice to send at least one written notice before issuing a claim. - In money claims, a Polish court will look favourably on evidence that you tried to resolve things amicably first.

Is the defect "significant"?

This question matters a great deal in practice. A significant defect (wada istotna) is a fault that deprives the flat of its intended usefulness, or substantially reduces it. A minor defect (e.g. a small scratch) tends to be treated differently.

• A dripping bathroom tap — this could well be minor.
• A bathroom with a painted wall instead of the tiling promised in the contract — this could be significant, because it affects the standard and durability of the finish.
• Water coming in through the windows, or gaps in the frames — this is clearly significant.

Whether a defect is significant is something a lawyer or a building surveyor needs to assess — this article cannot decide that for your particular case.

What options you have if the developer won't comply

Option 1: Having the defect fixed by someone else, at the developer's expense - If the developer doesn't fix the defects within a reasonable time, in some situations (most often under a construction or works contract) you can give notice setting a new deadline, and if that also passes without action, instruct another contractor and claim the cost back from the developer. This requires following the correct Civil Code procedure and should be confirmed with a lawyer first.

Option 2: Price reduction - If the defects reduce the value or usefulness of the flat, in many cases you can claim a price reduction proportionate to the extent of the damage. This is an alternative to a repair — "we keep the flat as it is, but pay less for it".

Option 3: Withdrawing from the contract and returning the flat - In rare cases, where the defects are very significant and prevent normal use, you may have grounds to withdraw from the contract and claim back sums already paid. This is a last-resort step, however, and needs confirmation that the defects genuinely are significant.

Option 4: Claiming damages - If the defects caused actual loss (for example, water damaged your furniture, or the flat sat empty for months and you couldn't move in), you may be able to claim damages to cover that loss. This requires proving a causal link between the defect and the loss.

When the matter needs a lawyer

Get specialist advice if:

• The developer is completely ignoring your notices and fixing nothing,
• Significant sums are involved, or defects that substantially reduce the flat's value,
• You're weighing up withdrawal, price reduction or a damages claim,
• The contract contains unclear clauses about the developer's liability,
• You want to prepare a claim, or want to know whether your case is strong enough.

Common mistakes buyers make

• Signing the protocol without checking thoroughly — read it carefully, and don't skip listing defects you can see.
• No documentation (photos, video) — defects need to be recorded. Your word against the developer's is a weak evidential position.
• Waiting passively — if the developer keeps saying "we'll do it" while months pass, send written notices. Waiting on goodwill weakens your position.
• Handing over money without written confirmation — if the developer asks you to "pay a contractual penalty for arranging your own repairs", get that in writing before you do anything.
• Confusing the statutory warranty with a guarantee — a guarantee (gwarancja) is a voluntary undertaking by the developer (set out in a guarantee card), while the statutory warranty (rękojmia) is a right under the law. They're different tools.

Frequently asked questions

How long do I have to raise a complaint about defects? Obvious defects (visible right at handover) should be reported without delay. The statutory warranty on a property runs for 5 years. Don't wait, though — the earlier you report a defect, the stronger your position.

Can I refuse to accept the flat if I can see defects at handover? If the defects are significant — in theory yes, you can refuse to sign off the handover and notify the developer that they need to be fixed before ownership transfers. This is unusual, though, and should always be confirmed with a lawyer first — you don't want to refuse handover on the wrong grounds.

Does the developer have to pay me back for arranging my own repairs? This requires confirming that: (1) you gave written notice setting a deadline, (2) that deadline passed without action, (3) the work was reasonably priced and properly documented. If so, you may be able to claim the cost back, but it needs to be planned carefully and backed by paperwork.

What if the contract says "bought as seen" or excludes the statutory warranty? For consumers, such clauses are generally not permitted — the statutory warranty cannot be excluded against a consumer. For businesses, the rules are more flexible and depend on what the contract actually says.

Last reviewed: 26 June 2026.

Related articles: - Handover of a new-build flat from a Polish developer — what defects to list on the protocol (in Polish) - Developer refused to accept your snagging list — preparing next steps (in Polish) - Significant flat defect — when is the problem genuinely serious? (in Polish) - Statutory warranty, guarantee or the Developer Act — which applies to your flat's defects? (in Polish)