Delayed Handover of a Polish New-Build Flat — Can You Claim Compensation?

You bought a flat off-plan from a developer in Poland, with a completion date of 30 April 2026. You've been getting ready to move, you've given notice on your current rental, maybe you've already drawn down part of a mortgage. Then 30 April arrives, you turn up at the site — and hear "it'll still be a while yet". That's when the questions start piling up. How much is this delay actually costing you? Can you claim compensation? Can you walk away from the contract? What happens to the mortgage you've already signed? This article sets out what the law allows — but remember, everything depends on the wording of your contract with the developer, the evidence you have, and the specific circumstances. We are not promising any particular sum or outcome — that can only be assessed case by case.

This material is for general information only and is not legal advice. Everything depends on the contract, the evidence, and the circumstances — including whether the matter is a consumer, civil, or commercial one. 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.

What governs the delay — the contract terms

A Polish developer's sale agreement (umowa deweloperska) is a civil-law contract governed by the Civil Code (Kodeks cywilny, KC) and the Act of 20 May 2021 on the protection of buyers' rights (the "Developer Act"). The key question is: what does your contract actually say about the completion date?

There are three common patterns:

A fixed date — "the flat will be ready by 30 April 2026",
An indicative or approximate date — "the flat will be ready in the second half of April" or "around June",
No date at all — the contract simply doesn't specify one (rare, but it happens).

If the contract clearly states a fixed date (rather than a mere approximation), the delay is measured from that date. So what happens next?

Your possible claims arising from delay

If the developer missed the agreed date, you may — in principle — have a claim. The Civil Code provides for the following:

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1. Damages under Article 471 KC

If the developer failed to perform on time and this was their fault — i.e. zwłoka (culpable delay, as opposed to mere opóźnienie) — then you have suffered loss. That loss can be: - actual loss (damnum emergens) — e.g. extra costs of temporary rented accommodation, or a mortgage arrangement fee paid earlier than it needed to be, - lost profit (lucrum cessans) — harder to prove (e.g. "I lost rental income I would otherwise have earned").

But the contract may limit or exclude the developer's liability for delay. This is very common in practice, so check the small print.

2. Contractual penalty under Article 483 KC

If the contract contains a kara umowna clause (a pre-agreed contractual penalty) for delay, that penalty is payable regardless of whether you can prove your actual loss. A typical clause might read: "for each day of delay the developer will pay the buyer 0.1% of the flat's value per day", or a flat "PLN 100 per day", or "0.5% per month".

There is a catch, though: a Polish court can reduce the penalty if it considers it "grossly excessive" compared to the actual loss suffered (Article 484 KC). That is a matter for the judge's discretion.

3. Substitute compensation — where the contract allows it

Some contracts contain an "either/or" clause — either the contractual penalty or damages. In that case you can choose whichever option works out better for you.

Excuses developers commonly offer

"It was force majeure — the pandemic, a drought, delayed material deliveries" — a developer can only be released from liability this way if the contract actually provides for it, and the event genuinely was unforeseeable and unavoidable. Always check the small print.
"The date was only indicative, not a guarantee" — if the contract genuinely says "around" or "approximately", the developer's position is stronger. But if the date was clearly stated, this excuse won't hold up.
"The buyer changed the specification" — if you did in fact request changes (extra fittings, different materials), some of the responsibility for the delay may fall on you.

How to protect yourself — reading the contract

First and foremost: read the whole contract and pay close attention to:

The exact wording of the completion date — is it a fixed date, or an approximation?
Exemption clauses — can the developer rely on force majeure, delayed deliveries, or similar to excuse itself?
Penalty or compensation clauses — does the contract say anything about what happens if there is a delay?
Rules on extending the date — can the date be pushed back automatically?
Your own obligations as buyer — did you have a deadline of your own (e.g. giving notice on a previous tenancy) that the delay might disrupt?

If the contract says nothing on the point, general Civil Code rules apply — liability for culpable delay (zwłoka) and the right to damages.

Procedure — what you can try

Step 1. Document the delay

Gather together: - the contract, showing the agreed completion date, - correspondence from the developer — anything mentioning the delay, revised dates, and so on, - evidence of your losses — receipts for temporary accommodation, bank statements (any penalties for a mortgage not drawn down on time), correspondence with your mortgage lender, - photographs of the site — showing how far the works had actually progressed.

Step 2. Send a demand letter / negotiate

Send the developer a written demand setting out: - the fact of the delay, - the date agreed in the contract, - the number of days of delay, - the amount you are claiming (based on the contract, or a reasonable estimate), - a deadline for payment (e.g. 14 days).

If the contract contains a contractual-penalty clause, rely on it directly. If not, describe your actual loss.

Step 3. If the developer does not respond

You can: - bring a claim in the Polish courts (an ordinary claim for damages), - contact the local consumer ombudsman (rzecznik konsumentów — if you are a consumer under Article 22¹ KC), - notify UOKiK, the Polish consumer protection authority (if the issue involves unfair terms in the contract).

When you can withdraw from the contract

If the delay is severe — say, the flat was due in May and nothing has happened by December — the law gives you the option to withdraw from the contract. But this requires:

A formal demand to the developer to perform, with an additional deadline set (Article 491 KC — though the rules for a contract for specific work / construction contracts can differ, so this should be confirmed with a lawyer),
That additional deadline expiring without the developer performing,
A written withdrawal notice actually being sent.

After withdrawal you are entitled to a refund of the sums you have paid (less any costs the developer genuinely incurred). This can take time, though — and expect a fight in court if the developer disputes it.

When it's worth bringing in a lawyer

Get proper advice when:

the delay runs into several months and it is genuinely hurting you financially,
the contract contains ambiguous wording about the completion date (is it a fixed date or an approximation?),
the developer refuses to pay a contractual penalty that is clearly provided for in the contract,
the compensation at stake is significant (large enough that legal costs are worth it),
you are considering withdrawing from the contract — this is a serious step that needs careful legal analysis first.

When it may not be economically worth pursuing

Think twice when:

the contractual penalty is tiny — e.g. 0.05% of the flat's value per day, and the delay is only a week (a few hundred PLN) — the cost of litigation may outweigh what you'd recover,
the developer is putting things right quickly — the date slipped by two weeks, but the flat is nearly finished — sometimes it's simpler to wait,
the contract contains a clear exemption clause (e.g. "in the event of force majeure the date is automatically extended") — your chances of success are then weak,
your evidence is thin — if you struggle to prove your actual loss, any compensation is likely to be minimal.

Common mistakes buyers make

Not reading the contract before signing — it's hard to argue "I didn't know" afterwards.
Failing to document the delay — without a written trail of correspondence with the developer, your claim is much harder to prove.
Not collecting evidence of losses as they happen — receipts for temporary rent, correspondence with the bank — these need to be gathered along the way, not a year later.
Waiting too long — the limitation period for these claims is 6 years, but the longer you wait, the weaker your position becomes (witnesses' memories fade, documents go missing).
Ignoring the small print — sometimes a clause like "liability for delay is excluded beyond 30 days" changes the whole picture.

Checklist — what to prepare before speaking to a lawyer

☐ the full contract (including all amendments/annexes),
☐ the accepted offer and reservation confirmation,
☐ correspondence with the developer about the completion date (emails, letters),
☐ proof of payment (how much paid, and when),
☐ documentation of your losses (receipts for temporary accommodation, bank penalties, etc.),
☐ photos/video of the site's progress at key dates,
☐ your mortgage agreement (if it is affected by the date).

Frequently asked questions

Can I always claim compensation for a delay? No. It depends on the contract. If the contract excludes liability for delay ("indicative date", "force majeure"), your chances are lower. If the contract clearly states a fixed date with no such exceptions, your chances are better.

How much can I get for each day of delay? It depends on the contract (if it has a contractual-penalty clause) or on the value of your actual loss. There is no fixed figure that can be promised in advance. Some contracts provide 0.1% of the flat's value per day, others a different amount. If the contract is silent, you will need to prove your actual loss in court.

Can I withdraw straight away, or do I have to sue first? In principle you can send a written withdrawal notice — but you should first formally demand that the developer perform, giving an additional deadline. If it becomes a dispute, the court will check whether you followed the correct procedure.

What if the contract says nothing about delays at all? Then general Civil Code rules apply — liability for culpable delay (zwłoka) and the right to damages for loss suffered. But you will still need to prove your actual loss.

Does a pandemic-related delay excuse me, as the buyer, from my own obligations? This is really the question from the other side — but it matters. If you had a deadline of your own (e.g. handing back a previous flat) and the developer was the one who was late, force majeure might excuse the developer (if the contract provides for it) — but it usually still leaves you having to sort out an extension of your own tenancy or similar arrangements.