Developer Refuses to Accept Snagging Defects: What to Do Next

You listed the defects on your handover report — and yesterday a letter arrived from the developer: "Your defects aren't really defects, or they're down to how you've been using the property, or they're not covered by the warranty." This is a scenario that plays out in a huge number of developer disputes. A refusal to accept defects doesn't end the matter — it's just the next stage. This guide explains what to do when the developer pushes back, how to draft a strong formal demand letter, and when it's time to consider court proceedings.

This guide is general legal information, not legal advice. How the rules apply depends on your contract, your evidence, and the specifics of your case — including whether you're dealing with the developer as a consumer, in a civil-law capacity, or as a business. If you need advice or representation, the matter should be assessed by a qualified Polish lawyer.

Why developers refuse — and whether they have a case

A developer may refuse to accept defects for several reasons:

1. Claiming the defects are down to your own use of the property For example: "that scratch on the window came from an impact, not from us," or "that mould on the wall is because you haven't been ventilating the flat." To make this argument stand up, the developer needs at least some supporting basis — and often doesn't have one. This puts the burden of proof on them; your photos from handover day can show the defect was already there.

2. Claiming the defects are "minor" and not covered by the warranty For example, a small scratch or a hairline crack. This argument is weaker against consumers (who benefit from full statutory warranty protection — rękojmia, the Polish statutory warranty for defects) and stronger against business buyers.

3. Claiming the defects fall outside the developer's responsibility For example: "those issues relate to the electrical installation, which was done by a subcontractor — contact them directly." This is a weak argument — the developer remains responsible for the whole property, regardless of who actually carried out the work.

4. Claiming the warranty period has expired For example: "more than five years have passed since transfer of ownership, so we can no longer be held liable." This is a serious argument — but only if five years genuinely have passed.

What to do when you receive a refusal letter

1. Go through the refusal letter point by point Read it carefully and work out exactly what the developer is disputing. Are they: - Denying the defect exists at all ("there's nothing there")? - Blaming you for causing it ("you caused this yourself")? - Relying on the warranty period having expired?

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Each of these arguments calls for a different response.

2. Check the dates - The date ownership was transferred (as stated in the contract) - The date of handover (from the handover report) - Today's date

If fewer than five years have passed since transfer of ownership, the statutory warranty (rękojmia) still applies. If more than five years have passed, that's a genuine problem. If the developer was supposed to fix the defects within 30 days of handover under the standard developer procedure, and a year has gone by with nothing done, that works in your favour.

3. Gather your evidence carefully - The handover report (protokół odbioru) listing the defects - Dated photos from handover day - Correspondence with the developer (emails, letters, formal demands) - The sale and purchase agreement - Proof of transfer of ownership (extract from the księga wieczysta — the land and mortgage register — or the relevant deed)

4. Don't respond emotionally If you're angry, write your reply, then sleep on it before sending. Courts read these letters — it pays to be factual and composed.

How to write a strong demand letter to accept the defects

After the developer's refusal, the next step is a formal demand to accept and remedy the defects — an important document, because it serves as proof that you tried to resolve the matter amicably first.

Structure of the letter:

[Your name]
[Your address]

[Date]

[Developer — name, address, contact person if known]

FORMAL DEMAND TO ACCEPT AND REMEDY DEFECTS

I refer to the sale and purchase agreement for flat no. … dated …, register no. …
On the date of handover, [date], I recorded the following defects:

1. Bathroom — a scratch on the ceramic tile, approx. 15 cm (photo, enclosure 1)
2. Kitchen — the electrical socket by the sink is not working (photo, enclosure 2)
3. [etc.]

In your letter dated …, you dispute the existence/significance of these defects. However:
- The defects were present at handover, as shown by my dated photographs
- The defects are inconsistent with the sale and purchase agreement, which specifies [quote the relevant clause on materials/quality]
- Under Article 568 of the Polish Civil Code (*Kodeks cywilny*, KC), the statutory warranty period for defects in real property is five years from the transfer of ownership (…), of which only … days have elapsed

I therefore ask you to:
1. Accept the defects within 7 days of receiving this letter
2. Set a date for remedying them (I propose 30 days from the date of acceptance, in line with the developer statute)
3. Confirm receipt to [email] or [postal address]

If the defects are not accepted within 7 days, I will have no choice but to pursue my claim through the courts, without further reminders.

Yours faithfully,
[Signature]
[Phone number]

Key points: - Send it by email with a read receipt, or by recorded/registered post with proof of delivery — being able to prove it was received is essential - Attach photos and a scan of the handover report - Be specific — every defect with a date, a photo, and dimensions - Cite the relevant legal basis (Article 568 KC, the developer statute, and the relevant contract terms)

What to do if the demand letter is ignored

If, after 7–14 days, you get no reply, or the reply is another refusal:

1. Get a second opinion from a lawyer At this stage it's worth having someone independent assess whether the case makes economic sense, whether you're likely to succeed, and what the scope of your claim should be.

2. Prepare a claim The claim is filed with the district court (sąd rejonowy) or, depending on the value of the claim, the regional court (sąd okręgowy). Your claim should: - Set out the history of the matter (contract, handover, defects, demand letters) - Establish that you're a consumer, or set out whatever other basis gives you protection - State what you're seeking: remedial works, a price reduction, or damages (depending on the option chosen) - Include your evidence (handover report, photos, correspondence, contract)

3. Court fee A claim filed with the court must be accompanied by a court fee — check the current amount on the court's website, as it depends on the value of the claim.

When to switch strategy — from warranty claim to damages

If the defects have already caused you real financial loss (for example, furniture was damaged by water ingress, the flat sat empty for months, or you bought materials specifically for repairs), you may also be able to claim damages:

The cost of repairs beyond the standard fix (because you had to carry them out yourself)
Loss of the ability to rent out or use the flat
The cost of mediation or an independent expert (rzeczoznawca)

This, however, requires thorough documentation — receipts, invoices, and contracts with tradespeople.

Minor defects vs material defects: a strategic choice

If the defects are minor, ask for a price reduction — this is easier to prove and negotiate.
If the defects are material (they significantly limit the usability of the property), you may be able to demand remedial works, or, in rare cases, withdrawal from the contract.

Whether your defects count as material in law is something for a lawyer and a construction expert to assess, since it depends on the construction, how the property is used, and the specific facts.

Common mistakes when dealing with a developer

Sending the demand letter through someone else — the letter should come from you, not from a friend or an intermediary. The court wants to see that you took action yourself.
No deadline — a letter without a response deadline is a weak letter. Always give 7–14 days.
Mixing emotion with facts — "you're a fraud, this is a scandal" instead of "under the contract and the Civil Code, these defects must be remedied."
Waiting a year before filing a claim — if it's already clear the developer isn't going to budge, get ready for court quickly. Time works against you (evidence and witnesses become harder to trace, and the warranty clock keeps running).
Not keeping copies — keep every letter, ideally printed and dated.

Frequently asked questions

Do I always have to send a demand letter before filing a claim? It's not a strict legal requirement, but courts look favourably on evidence that you tried to resolve the matter amicably. If your claim shows no attempt to engage beforehand, the judge may take note of that.

Can the developer insist on an independent expert inspecting the defects? They can propose it, but you're not obliged to agree — this can become a point of discussion in court. If an independent expert (rzeczoznawca) is needed, the court can order one itself.

What if it turns out the defect isn't quite what I described in the handover report? If you genuinely got it wrong, that will weaken your case. But sometimes defects turn out to be more complex than they first appeared (a "scratch" turns out to be a deep crack, for instance) — that's a point worth discussing with a lawyer.

Can I opt for mediation instead of going to court? Yes — mediation is available and can sometimes produce results faster. However, it requires both sides to agree. If the developer won't engage with mediation, court is the remaining route.

Last verified: 26 June 2026.