Developer Changed the Finishing Standard? How to Check If Your Contract Was Breached

You bought a flat in a new development in Poland. The contract says "premium standard," and the show flat had marble, timber windows and a modern kitchen. You turn up for handover — and instead there are ceramic tiles instead of marble, plastic windows instead of timber, and the kitchen is a completely different brand. What's going on? Did the developer change the standard without your agreement? What can you actually do about it? This article explains how to check for this kind of breach and what your legal options may be — but bear in mind that everything depends on exactly what the contract says, what evidence you have, and whether the promised standard was genuinely binding. No promises about the outcome.

This material is for general information only and is not legal advice. Everything depends on the contract, the evidence and the circumstances, and on whether the matter is a consumer, civil, or business dispute. If you need advice or representation, the matter should be assessed by a qualified Polish lawyer or an appropriate specialist. Twoja Sprawa helps you organise the documents for that assessment.

The problem: "standard" is a vague concept

Right from the start: "premium standard," "deluxe standard," or simply "finishing standard" are terms that can be interpreted in different ways. But once the contract uses them, they form part of the developer's obligation. They can be defined in several ways:

• A materials specification — listing specific brands and types (e.g. "Arabesque marble in the bathroom," "Rehau PVC windows," "Nolte kitchen"),
• Descriptively — "high-quality materials," "modern design,"
• By reference — "as shown in the show flat at the sales office,"
• In the information prospectus (prospekt informacyjny — the statutory pre-sale information document a Polish developer must give buyers) — pictures and descriptions in marketing materials.

Problems arise when the contract is vague (what does "premium" actually mean?) or when the prospectus differs from the contract, and the developer argues the prospectus was only illustrative rather than a binding specification.

What the law says

The basis: the contract plus statutory warranty

If you have signed a contract with a developer for the sale of a flat, then:

1. The contract is binding — if it says "premium standard with marble," the developer should deliver that. A breach amounts to improper performance of an obligation (Article 471 of the Polish Civil Code, Kodeks cywilny — KC).

2. Rękojmia (statutory warranty for defects) — if the flat lacks features it was supposed to have, this can amount to a lack of conformity of the property with the contract. The Civil Code (together with the Developer Act) provides that the subject of the contract should match what was promised.

3. The Developer Act (ustawa deweloperska — the Act on the Protection of Rights of Purchasers of a Dwelling Unit or Single-Family House) — in force since 1 July 2022, this sets out a procedure for handover of the flat with a handover protocol (protokół odbioru). This is the moment when you formally raise any non-conformity with the agreed standard.

What you cannot do

• Exaggerate the differences — if the contract promises "elegant materials" and you get decent tiles instead of marble, that may well be a breach, but it is not accurate to claim you "got a timber house when you were promised granite,"
• Rely on the prospectus if the contract says something different — courts generally treat the contract as taking precedence over marketing materials,
• Ignore minor changes the contract permits — sometimes wording such as "or equivalent" allows the developer to substitute materials, provided the replacement is genuinely of the same class.

How to check whether a change actually happened

Documents you need

Collect and compare:

1. The sale contract — the full text, with all annexes (specification, drawings, plans).
2. The materials specification (if one exists) — if the contract has a materials annex, this is your bible.
3. The information prospectus / marketing materials — photos of the show flat, descriptions of the standard.
4. Emails / letters from the developer — if they mentioned changes or substitutions during construction (this is evidence of intent).
5. Current photos and video — your own photos/video of the flat at handover, showing materials, colours, brands.
6. Photos of the show flat — if you took photos in the sales office/show flat.

The comparison process

1. Take the contract and go through every clause about the standard.
2. For each material/element, note down: what was promised vs. what was delivered.
3. Measure the difference — is this a downgrade in class (timber to plastic), or just a colour change (grey to black — but the same quality)?
4. Get opinions — if you're unsure whether a substitute material is genuinely "equivalent," ask an architect or interior designer, and check the technical specifications (window lifespan, tile durability, and so on).

What options do you have

1. Negotiation with the developer (the simplest route)

Send the developer something in writing, setting out:

• the specific differences (not "everything is different," but for example "windows changed from Rehau (timber) to Oknoplex (PVC)"),
• reference to the contract (quote the relevant clause),
• your demand: replacement of the materials with the original ones, or a price reduction, or compensation.
• a deadline (e.g. 14 days to respond).

Sometimes the developer will accept the point and put things right voluntarily (replace the windows, offer a discount). This is the quickest route.

2. Raising a complaint during or after handover

• At handover — note every non-conformity in the handover protocol: "The windows installed are model X, but the contract specifies model Y," and so on. This is the strongest evidence.
• After handover — if you didn't manage to note it in the protocol, send a written complaint to the developer within a reasonable time (the sooner the better; a court will look at whether you changed your mind a month later).

3. Claiming compensation or a price reduction

If the developer refuses to replace the materials, you may be able to pursue:

• A price reduction — a proportionate reduction where the delivered flat doesn't match what was promised,
• Compensation for repair/replacement costs (you need to prove these, e.g. with quotes from other firms),
• Withdrawal from the contract — if the change in standard is material and fundamentally changes the value of the flat.

But this requires you to prove that the change is genuinely a breach (rather than a permitted substitution), and that it has affected the value of the property.

When the matter is worth taking to a lawyer

Consider getting advice when:

• the change in standard is substantial (e.g. marble to plastic throughout the flat, not a single detail),
• the value of the flat is high — the cost of legal advice pays for itself,
• the developer won't engage with your arguments — you need legal pressure to get a concession,
• you want to resolve ambiguity in the contract — does "premium standard" really mean what was shown in the prospectus?
• you want to know whether withdrawing from the contract is realistic (this is a serious step that needs proper analysis).

When pursuing the matter may not make economic sense

Worth thinking twice when:

• the change in materials is minor — one element changed, but it hasn't significantly affected quality or appearance,
• the contract uses vague wording ("or equivalent") — a court may well decide the change was permitted,
• the cost of litigation outweighs the value of the dispute — for example, spending on a lawsuit (solicitor, experts) to fix windows worth a few hundred pounds equivalent rarely makes sense,
• the developer resolves it quickly (agrees to replace the item) — case closed, no need to litigate.

Common mistakes buyers make

• Not documenting differences during construction — if you don't photograph materials at each stage, it's harder later to prove exactly when the change happened.
• Signing the final handover protocol without noting non-conformities — once you sign the protocol without reservations, your position weakens considerably.
• Waiting too long — if you spot a change during construction, raise it immediately. If you wait until handover, you may hear "you had time, you could have raised this earlier."
• Ignoring "or equivalent" wording — if the contract says "Rehau PVC windows or equivalent," the developer is entitled to switch brand, provided the replacement is the same class.
• Confusing the prospectus with the contract — the prospectus is a marketing document; the contract is what governs. If the prospectus says "marble" but the contract says "elegant tiles," the contract wins.

Checklist — what to prepare before speaking to a lawyer

• [ ] the full sale contract (with all amendments/annexes),
• [ ] the materials specification (if it's a contract annex),
• [ ] the information prospectus / marketing materials from the show flat,
• [ ] dated photos/video of the show flat,
• [ ] dated photos/video of the flat at handover,
• [ ] proof of payment (amounts paid),
• [ ] correspondence with the developer about the materials,
• [ ] competing quotes from other firms (if you've looked into repair/replacement costs).

Frequently asked questions

Does changing one element (e.g. wall colour) count as a breach of contract? It depends on the contract. If the contract specifies exact colours and materials, then yes, it may well be a breach. If it just says something general like "cosy interior," your position is weaker. Always check the exact wording of the contract.

Can I demand replacement, or only a price reduction? In theory you can pursue replacement (if the non-conformity concerns essential features). In practice, the developer will often resist. A negotiated outcome (replacement plus a discount plus compensation) tends to be more realistic.

What if the contract says "or equivalent"? Then the developer has more room to manoeuvre — they may be able to swap materials for "equivalent" ones (same class, same function). But "equivalent" doesn't mean "anything at all" — the quality has to be genuinely comparable.

How much compensation can I get for a changed standard? That depends on the actual drop in the flat's value and the cost of repairs. It cannot be worked out without a specific analysis (a property valuation, expert opinions). This isn't something that can be promised in advance.

Can I withdraw from the contract if the change is significant? In theory, yes, if the change is material and fundamentally alters the character of the flat. But this has to be proven. It's a serious step and needs a lawyer's assessment.

Related articles: - Wada istotna mieszkania — kiedy problem jest naprawdę poważny? - Deweloper nie usuwa wad mieszkania — co może zrobić kupujący? - Opóźnienie odbioru mieszkania od dewelopera — czy można żądać rekompensaty? - Rękojmia, gwarancja i ustawa deweloperska — co wybrać przy wadach mieszkania?