Snagging a New-Build Flat in Poland: What to Put in the Handover Report

The handover of a new-build flat is one of the most important moments in the whole transaction. What you write into the handover report (in Polish, protokół odbioru — the formal handover/snagging document signed by both buyer and developer) that day shapes both your future rights against the developer and how the whole defect-repair process will run. Many buyers turn up unprepared, feel rushed, and either "agree to everything" or fail to record every problem they can see. A year later, when the defects still haven't been fixed, it's hard to prove they were ever logged. This guide explains what to do before, during and after the handover so you don't give away any of your rights.

This material is general information, not legal advice. Everything depends on the contract, the evidence and the circumstances, and on whether the matter is a consumer, civil or commercial one. Where advice is needed, the matter should be assessed by a qualified Polish lawyer or a chartered building surveyor.

Before the handover — getting your paperwork ready

1. The contract and building plans Read your purchase contract and the attached drawings/specifications carefully — they will tell you: - What materials were specified (tiles, doors, windows, gas fittings, etc.) - What fixtures should (and shouldn't) be in the flat - The standard of finish promised (e.g. "ceramic tiles in the bathroom" or "matt paint in the living room")

This is your map for the inspection. You can't raise a defect for something that was never promised in the contract — but you can raise one where something differs from what the contract promised.

2. Prepare notes, photos and video Put together a checklist — paper or on your phone — covering points such as: - Windows — do they open properly, are there cracks, is the sealing intact - Doors — do they close properly, any scratches - Tiles — cracks, chips - Sockets and switches — does everything work - Utilities — water, gas, electricity — do any breakers trip - Stairs, corridors — any damage

3. Bring some basic tools Although not required, it's worth taking: - A torch (dark corners hide a lot) - A tape measure (to check dimensions where something doesn't match the plans) - Your phone, for photos - A notepad and pen

During the handover — the snagging report

1. Don't be rushed Under Poland's Developer Act (ustawa deweloperska), the handover procedure must be conducted by a representative of the developer, and it is your right to take your time — allow at least 2–3 hours for an average flat. If the developer suggests "let's do this in seven minutes," politely decline and say you'll need to inspect the flat properly first.

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2. Go through every room systematically While walking through: - Open every window fully — check nothing is loose or falling apart - Knock on walls and floors — a hollow sound can indicate water damage behind the surface - Turn on every light, test every socket - Run the water, check the toilet and shower tray - Check every lock — doors, cupboards - Feel for draughts or damp/mould smells

3. Record every defect precisely This is the crucial part. When you're filling in the handover report, don't write "various minor snags" — it's useless, because the developer can later say "what snags, where, what size?"

Examples of precise entries: - ❌ WRONG: "Bathroom in poor condition" - ✅ RIGHT: "Bathroom — crack in the tile above the basin, approx. 15 cm; the socket next to the basin does not work; door squeaks"

❌ WRONG: "Problem with the kitchen"
✅ RIGHT: "Kitchen — wall cabinet above the worktop does not close fully along its length; ceramic splashback tiles — 3 chips (approx. 5 cm × 3 cm each, in different spots)"
❌ WRONG: "General defects"
✅ RIGHT: "Main bedroom — south-facing window: scratch on the outer pane, approx. 10 cm (top edge); window seal not airtight"

4. Photograph every defect on the spot As soon as you write something into the report, photograph it immediately: - Photos should be clear and, ideally, timestamped (a screenshot with map and date/time works well) - Number the defects to match your photos — "Photo 1, 2, 3 — bathroom", "Photo 4, 5 — kitchen" - Double-check your phone's date and time are set correctly

5. Watch for defects that aren't visible yet but will show up later Some defects only appear a few weeks in: - Damp, mould on walls - Condensation/misting on windows - Cracks in plaster or the screed

If something feels "off" (a smell, a draught you can't quite place), write into the report: "Possible window air-tightness issue — to be re-checked after moving in. We reserve the right to report additional defects within 30 days of transfer of ownership." — that kind of reservation is recognised in practice and worth having on record.

After signing the report — what to do next

1. Get a duplicate copy - If you can, ask for two copies of the report — one for you, one for your files - If there are typos or errors in the list, correct them by hand and get the developer to countersign the corrections

2. Email yourself a copy - Photograph every page of the report - Send a copy to yourself (and to a lawyer, if you have one) — you will need it if a dispute arises later

3. Collect all the technical documentation Ask the developer for: - An extract from the księga wieczysta (the land and mortgage register — Poland's official public register of property ownership and charges) - A completion certificate, if one is issued - Certificates for materials used (windows, doors, etc.) - Instruction manuals (boiler, heating system, ventilation) - A diagram of the fuse box and gas shut-offs

You will need these documents for insurance purposes and for any future repairs.

Significant defects vs. minor defects — how the distinction works

A significant defect (wada istotna) — one that makes the flat unfit for its intended purpose or substantially reduces its value (e.g. a flooded room, missing windows, no gas supply, a leaking system throughout)
A minor defect (wada nieistotna) — something small that doesn't affect functionality (e.g. a small scratch on a door, a hairline crack in the plaster)

This distinction has legal consequences — different procedures can apply depending on whether a defect is significant. But deciding which category a specific defect falls into is a job for a lawyer — this article can't make that call for your particular case.

Checklist to print and bring to the handover

☐ Purchase contract (printed copy with the materials specification)
☐ Floor plan of the flat
☐ Pen and notepad
☐ Phone (camera, video)
☐ Tape measure
☐ Torch
☐ Fully charged phone battery (you don't want it dying halfway through)
☐ Email address of the developer's representative
☐ A text file on your phone with your checklist summary

The most common handover mistakes

Deferring entirely to the developer — you're told "let's move quickly," you rush, and you don't record every defect.
Being vague — writing "various snags" carries no legal weight.
No photos — a dispute a year later comes down to "it looked different" versus your dated photo.
Skipping the written report — "we agreed verbally" carries no weight in court.
Ignoring hidden signs of poor workmanship — you sense something wasn't done properly but don't write it down.
Miscounting the warranty period — assuming you have a full year, when the statutory warranty (rękojmia — the statutory warranty for defects under Polish civil law) actually runs from the transfer of ownership, which can happen several days before or after the physical handover.

Frequently asked questions

Can I amend the report if I spot a new defect a few days later? Formally, a new defect should be reported in a separate written notice. But it's far better to record everything at the handover itself. If something appears within a few days of handover, it may be treated as a pre-existing defect — though this typically needs to be confirmed.

What if the developer refuses to record a defect in the report? Write it in anyway, and make sure your note is signed by you even if the developer won't countersign that line. Take a photo. This becomes evidence that you reported the defect.

How long does a flat handover realistically take? For a flat of roughly 70 m², allow at least 2–3 hours for a thorough inspection. Don't let yourself be rushed.

Do I have to sign the report if I can see defects? You can sign it with a reservation: "I am signing this report subject to the reservation that the defects listed will be repaired by the developer within … days." This protects you — it shows you were aware of the defects and did not accept them as they stood.