Statutory Warranty, Guarantee or Developer Handover Rules: Which Applies to Your Polish Flat's Defects?

You've bought a flat from a developer in Poland, and almost as soon as you move in you spot cracks in the walls, draughty windows, or dodgy electrics. You know something's wrong, but you're not sure whether to rely on the rękojmia (statutory warranty for defects), a guarantee, or the handover procedures under Poland's 2021 developer protection law. These are three completely different protections — each works differently, each has its own time limits and rules. This guide explains the differences and shows you how to use each one, so you know which tool fits your situation.

This guide is general legal information, not legal advice. How the rules apply depends on your contract, the evidence available, and the circumstances — including whether the matter is treated as a consumer, civil, or commercial one. If you need advice or representation, the matter should be assessed by a qualified Polish lawyer or specialist. Twoja Sprawa helps you organise the documents for that assessment.

Three different protection systems — a quick map

1. Statutory warranty for property defects — 5 years of protection

What is the statutory warranty?

The rękojmia is a statutory, non-waivable liability the seller (here, the developer) bears for physical defects in what you've bought. You don't need to sign anything for it — it's built into the law. The developer cannot limit or exclude it if you are a consumer (an individual buying the flat for yourself, not for resale).

How long does the statutory warranty last?

• For property (houses, flats): 5 years from the date ownership transfers (Article 568 of the Civil Code).
• This is a limitation period — if you don't raise the defect within 5 years, you lose the right to claim.

The period ends on the last day of the calendar year — for example, if you took ownership on 15 April 2021, the term runs out on 31 December 2026.

How does it work in practice?

When you spot a defect:

1. Notify the developer — ideally in writing (email or recorded delivery letter). Refer explicitly to the statutory warranty and describe exactly what's wrong.
2. The developer has a deadline to respond (under the developer protection law, there's a set window to confirm whether the defect is accepted — see point 3 below). If they accept it, they should repair it or refund part of the price.
3. If they refuse, you can try to reach a settlement (the fastest route), file a claim in court, or attempt mediation — but time matters, since the 5-year limitation period keeps running.

What kinds of defects can be claimed under the statutory warranty?

In principle, almost anything — cracked walls, leaks, draughty windows, faulty electrics, right through to hidden defects (such as poor thermal insulation or foundation problems). The key point is that the defect must have existed at the moment ownership transferred — if it arose later because of how you used the property, the statutory warranty won't cover it.

Do I have to report defects straight away?

No. You can raise them at any point within the 5-year period — but it's worth acting quickly, because: - you have full access to the flat to document the problem, - the developer's memory of the works carried out is still fresh, - courts may otherwise suspect you altered something yourself.

2. Guarantee — the developer's voluntary protection

What is a guarantee?

A guarantee is a voluntary commitment by the developer to repair or replace certain elements for a set period. It isn't a legal requirement — it's the developer's own decision. A guarantee does not replace the statutory warranty.

What might a buyer's guarantee cover?

Developers typically offer guarantees on: - appliances and installations (boiler, kitchen equipment, air conditioning, underfloor heating) — usually 1–2 years, - building materials (windows, doors, paintwork) — this varies widely.

The exact scope and duration are set out in the guarantee card or an annex to the reservation/sale agreement — you need to read it carefully.

Does the guarantee apply after ownership transfers?

Yes, but generally only within the scope stated in the guarantee documents. If the guarantee says "1 year from handover of the keys", the clock starts on that date, not on the date you signed the purchase contract.

Statutory warranty vs guarantee — the key differences:

• Statutory warranty: a legal right, 5 years, the developer cannot exclude it for a consumer.
• Guarantee: voluntary, the term is set by the guarantee card, generally less favourable to the buyer than the statutory warranty, but sometimes covers specialist components (for example, a manufacturer's guarantee on white goods).

3. Poland's 2021 developer protection law — the procedure before ownership transfers

When does it apply?

The Act of 20 May 2021 on the protection of buyers of a flat or single-family house has applied since 1 July 2022 — it covers every purchase of a flat or house from a developer in Poland. If you bought before that date, different (older) developer-protection rules may apply instead.

What does it cover?

The Act sets out the handover procedure for a flat and the developer's obligations for removing defects before ownership transfers. Once ownership has transferred, the statutory warranty takes over (see point 1).

The procedure, step by step:

1. Notice of readiness — the developer notifies you that the flat is ready for handover.

2. Handover and protocol — you and the developer (or their representative) sign a handover protocol. In this protocol: - you describe any defects you've observed, - you note whether they are material defects (making the flat unusable) or minor ones, - the developer confirms the handover, with or without the noted defects.

⚠️ IMPORTANT: A list of the defects you've spotted should be attached to the protocol — if you leave something out, it can be harder to raise later, though you can still pursue new defects under the statutory warranty if you spot them afterwards.

3. Developer's declaration — within a set deadline (typically around 14 days — check the exact figure against your protocol and current legislation) the developer issues a statement on whether they: - accept the defects and commit to fixing them, or - reject them, with reasons (for example, "this is not a defect, it's normal wear and tear").

4. Removing accepted defects — if the developer accepts the defects, they should remove them within a set period (typically around 30 days — again, verify against the current statutory deadline) from the date the protocol was signed. If that deadline can't be met, the developer must set another deadline, with a justification.

⚠️ If a defect is material and cannot be fixed within a reasonable time, you may be entitled to refuse the handover (see below).

5. Material defects — where the developer is unable to remove the defect (for example, foundation cracks requiring major structural work), you may: - demand a price reduction, - demand removal of the defect without delay, setting an additional deadline, - as a last resort: refuse the handover and demand termination of the contract (return of the money paid, plus any contractual penalty).

⚠️ Whether a defect counts as "material" always needs careful analysis — not every defect qualifies. It depends on whether it makes the flat unusable or significantly restricts its use.

6. A second handover — if the developer has fixed the defects, you can ask for a new handover protocol confirming everything is now in order. This matters for building a paper trail.

7. Transfer of ownership — after a successful handover (or after seven days from the flat being made available, if there were no defects or only minor ones), ownership transfers — and this is the point at which the 5-year statutory warranty period starts to run.

What about the DFG (Developer Guarantee Fund)?

The Deweloperski Fundusz Gwarancyjny (DFG) is a mechanism protecting the money you've paid in, not a tool for enforcing defect repairs. If the developer runs into trouble (for example, insolvency) before finishing the build, the DFG protects the return of your payments. It does not help you force the developer to fix defects.

4. Consumer or business buyer — does it change anything?

As a private individual, are you always treated as a consumer?

As a general rule, yes — if you're buying the flat for yourself (not for resale, not as a business investment), you're a consumer and get the full protection described in points 1 and 2 (statutory warranty and consumer-protection law).

If, however, you're buying as a business (for example, a company or fund buying multiple flats to let out) or for purely commercial purposes, the protection may be weaker — it's always worth confirming your status with a lawyer.

5. What you can claim

Once the defects are confirmed (by the developer, by a court, or by an expert surveyor):

• Repair of the defect — the developer should fix it at their own cost.
• Price reduction — if repair isn't possible, you can seek a reduction in the price proportionate to the scale of the defect (this is often combined with a damages claim).
• Damages — for extra costs you've incurred (for example, hotel stays if you couldn't live in the flat, your own surveyor's fees, or ongoing rent/mortgage payments while the flat was unusable).
• Compensation for distress — where the case drags on and has affected your wellbeing (this is assessed narrowly by Polish courts and needs strong evidence).

Can I get money instead of a repair?

It depends — if the defect would be very expensive to fix and has seriously damaged the flat's usability, a court may order the developer to refund part of the price. But this always requires a court to weigh up the evidence.

When it's time to bring in a lawyer

You should seriously consider getting professional advice when:

• the developer has rejected your defect claim in the protocol or in their statement, and you disagree,
• you're dealing with a material defect (for example, a problem with the foundations, structural issues),
• the defects have caused you to lose use of the flat (flooding, electrics needing full replacement, windows letting in cold air in winter),
• the statutory warranty period is running out (the last 6–12 months of the 5-year term),
• you want to pursue damages or a price reduction — this needs proper calculation,
• the matter has turned into a dispute — an exchange of letters, or the threat of court proceedings.

When it may not be worth pursuing

Sometimes you're formally in the right, but it isn't worth the fight:

• the defect is minor (for example, a small blemish in the plasterwork), and legal or surveyor fees would cost more than the repair itself,
• the defects only surfaced very late (close to the end of the 5-year term), making it hard to prove they existed from the start,
• the flat was sold "as seen" — these arrangements are riskier for the buyer (though you can still challenge them if there was misrepresentation),
• the amount at stake is small compared with the cost of proceedings.

Even so, it's always worth talking to a lawyer first — sometimes a quick, low-cost resolution is possible through a settlement or mediation.

Common mistakes buyers make

• Passive handover — turning up, signing the protocol without reading it, and not raising any defects. Later it turns out you had a valid claim — but what defects, exactly, if you never wrote them down?
• No documentation — not taking photos or video of defects on handover day. This makes it much harder to prove later that they existed from the start.
• Fatigue — after waiting three years for the flat, you're just relieved and don't want to "make a fuss". Remember: the statutory warranty runs for 5 years — you still have time for a calm, proper complaint.
• Confusing the guarantee with the statutory warranty — assuming the guarantee is all the protection you need. It isn't — the statutory warranty is the stronger right.
• Delaying notification — waiting four years "in case it gets better" only to find you've got a year left and it's too late to run a lengthy court case.

Checklist: what to do, in order

• ☐ Read your purchase contract — what does it say about defects, guarantees, and the handover procedure?
• ☐ Work out whether this is a consumer matter or a B2B one (if you're a consumer, you get full protection).
• ☐ Work out which stage you're at: before ownership transfer (the developer-law procedure) or after?
• ☐ Gather your documents: the contract, the handover protocol, photos/video of the defects, and correspondence with the developer.
• ☐ If defects exist, notify the developer in writing first (email is fine, but recorded delivery is safer).
• ☐ Wait for a response — the deadline depends on the stage you're at (developer-law procedure vs statutory warranty).
• ☐ If the developer refuses or ignores you, consider mediation or a consultation with a lawyer.
• ☐ Don't wait until the end of the 5-year statutory warranty period — act early so you still have time to run a claim.

Frequently asked questions

What's the difference between a statutory warranty and a guarantee?

The statutory warranty (rękojmia) is a legal right (it cannot be limited for a consumer), lasts 5 years, and covers all defects. A guarantee is a voluntary commitment by the developer, with a term set out in the guarantee card, usually shorter than the statutory warranty. Both can run in parallel — you can rely on either.

What happens if the developer goes bust before fixing the defect?

If the matter was already in court, or the DFG has been triggered, you may be able to pursue a claim against the insolvency estate. If not, the financial risk falls on you. That's exactly why the DFG exists — to protect the money you've paid in, not to guarantee that repairs get done.

Does the 5-year limitation period apply to every defect?

Yes, for statutory warranty claims. But there are exceptions — for hidden defects (ones you couldn't have discovered through ordinary inspection), the period may run from the date you discovered them rather than from the transfer of ownership. Proving this in court requires solid evidence.

Can I claim a refund instead of a repair?

In theory, yes — if the defect is serious enough that the flat has lost a significant part of its value. In practice, Polish courts grant this rarely, and it requires a detailed justification plus an expert surveyor's opinion.

What if the case drags on and the statutory warranty period is about to expire?

If you've already filed a claim, what counts is the date you filed, not the date the term expires. Filing interrupts the limitation period. Even so, don't leave it that late — it's always better to act early.

Do I need a surveyor?

For structural or serious building defects — yes, you'll need an expert to prove your case. For minor defects, photographic evidence plus your own account is sometimes enough.

Related articles: - My Polish developer won't fix defects in my flat — what can I do? - Handing over a flat from a Polish developer — what defects should go in the protocol? - Material defects in a Polish flat — when is the problem serious enough? - Document checklist for a case against a Polish developer