Late Home Renovation in Poland: Can You Claim Back Your Costs?

The contract with your builder was clear: "Kitchen renovation, three weeks, finished by end of May 2026." It's now June, the kitchen still looks like a building site, and you've spent a month in a hotel or staying with family. You've overspent on accommodation, lost time working from home, and the kids have been shuttled around.

The question is: does the contractor have to compensate you for that? Can you claim back the hotel bills, ask for compensation for the disruption, or — as a last resort — simply terminate the contract and hire someone else?

The honest answer is always "it depends" — but we'll walk you through what it depends on. The Polish Civil Code (Kodeks cywilny, KC) covers this, and much turns on how serious the delay was and whether you knew about it in advance.

This guide is general legal information, not legal advice. How the rules apply depends on your contract, your evidence and your circumstances, and on whether the matter is consumer, civil or commercial in nature. Where advice or representation is needed, the matter should be assessed by a qualified Polish lawyer.

When a delay gives you grounds to act

Polish civil law distinguishes between two types of delay:

1. "Zwłoka" — culpable delay (Article 491 KC)

The contractor had a deadline, missed it, but the work is still ongoing. You can: - Demand that the work be completed (even though the deadline has passed). - If the delay caused you loss, claim compensation for it (for example, hotel costs). - Set an additional final deadline — "Finish by 30 June, or I am terminating the contract."

2. It is already clear the work won't be finished on time (Article 635 KC)

This is the more serious scenario. Where it is apparent that the contractor will never finish on time — for example, they've repeatedly pushed the date back, run out of materials, or their team has fallen apart — you may terminate the contract even before the original deadline arrives.

Article 635 KC provides:

If, before the deadline for completing the work has passed, it becomes clear that the work will not be finished on time, the client may terminate the contract — unless the contractor gives an assurance that the lost time will be made up.

In practice: if the contractor knew (or should have known) they wouldn't finish until July, and the original deadline mattered to you (say, you're renting the flat out, or you had an event planned), you can already say "That's it, I'm terminating" before the original deadline even arrives.

What you can claim for a delay

What you're entitled to depends on the type of loss:

Actual losses (works contracts, Article 636 KC)

If the renovation overran and you incurred costs as a result — a hotel, temporary rented accommodation, storage for your furniture — you can claim these back.

But it is not automatic. You need to show: - ✅ That the delay was the cause of your expenses. - ✅ That the expenses were over and above the normal cost (i.e. you wouldn't have had them if the work had finished on time). - ✅ That they were reasonable (you didn't book a luxury suite instead of an ordinary room just to run up the contractor's bill). - ✅ That you have the paperwork — hotel receipts, storage invoices, rental agreements.

A limit worth knowing: a renovation delay does not generally give rise to a "ruined holiday" style claim for distress — that concept is specific to package-travel law. In a renovation dispute, you can claim your actual out-of-pocket costs, not compensation for stress or inconvenience.

Contractual penalty ("kara umowna")

If the contract included a penalty clause — for example, "the contractor will pay 500 PLN for every week of delay" — you can claim under it.

⚠️ But a court can reduce the penalty if it decides it is disproportionate — for example, if the delay was two weeks but the penalty works out at 10,000 PLN.

Compensation for actual loss

If you can point to a specific, quantifiable loss — for example, "I lost a 5,000 PLN booking because I couldn't let the flat to tourists" — you can claim for that too.

But this requires solid evidence: rental agreements, messages from would-be tenants, and similar documentation.

⚠️ ****: The precise conditions for claiming delay compensation under a works contract depend heavily on the specific facts.

Step-by-step: what to do

Step 1: Raise the alarm early

As soon as you notice the deadline is at risk, write to the contractor:

Your renovation was due to finish by the end of April, and it's now mid-May with little progress. Please explain when you expect to complete the work. If it runs on past [date], I will be forced to consider terminating the contract.

Step 2: Set a reasonable further deadline

Article 491 KC allows you to "set an additional deadline":

I am calling on you to finish the renovation by 15 June 2026. If it is not complete by that date, I will terminate the contract.

The deadline should be reasonable — a few days at least, but don't let it drift indefinitely.

Step 3: Document every cost you incur

Keep hold of: - Hotel receipts / temporary rental agreements (with dates). - Evidence from your employer (if working from elsewhere caused you extra costs). - Storage invoices (if you had to put furniture into storage). - Photos/video of the state of the work (proof it really was behind schedule). - Emails/texts with the contractor (a record of promises and slipping deadlines).

Step 4: Send a formal demand

Once the deadline has passed, send a formal letter along these lines:

Under Article 635 of the Civil Code, since it is clear that the renovation will not be completed within the agreed time, I am terminating the contract with immediate effect. I am claiming: - Repayment of sums paid for unfinished work: X PLN, - Reimbursement of hotel costs (receipts enclosed): Y PLN, - Reimbursement of storage costs (invoices enclosed): Z PLN.

Total: [amount] PLN. Payment is requested within 7 days.

What's difficult (and what a court will scrutinise)

Causation

A court will ask: would you genuinely have needed the hotel if the renovation had finished on time?

• If you had somewhere else you could have stayed, hotel costs may not be recovered in full.
• If you let the flat out and lost tourist bookings because of the delay, you need to show that direct link clearly.

The amount of compensation

A court will not simply sign off on the total — it will ask: - Was the hotel reasonably priced (not 500 PLN a night when 100 PLN would have done)? - Could you have stayed with family instead of paying for a hotel? - Was the delay entirely the contractor's fault (for example, if they couldn't get into the flat because you didn't let them in, that's on you, not them)?

Paperwork

Without invoices and receipts, no court will award you anything for this. A verbal promise of "I'll pay you back for the hotel" is not enough.

When it's actually worth pursuing

Before you go to court, do the sums:

• Costs incurred: hotel (say 2,000 PLN), storage (500 PLN) = 2,500 PLN total.
• Cost of the claim: court fee (roughly 500–1,000 PLN) plus, potentially, a lawyer (roughly 1,000–3,000 PLN).
• Chances of winning: if you have the documents and evidence — good.

If the delay was around a month and your costs are around 2,500 PLN, a claim may simply not be worth it financially. But if your costs run to 10,000 PLN, it is worth considering seriously.

Mistakes to avoid

• Not keeping records as you go — collect receipts as soon as you pay, not at the end. They have a habit of getting lost otherwise.
• Acting without a formal demand first — always send a written demand with a deadline before issuing a claim. Courts pay close attention to this.
• Mixing costs with feelings — "I was stressed, so I want 10,000 PLN" won't get you far. You need real, quantifiable financial losses.
• Hiring another contractor without a prior warning (or at least a formal demand) — a court may take the view that you jumped the gun unnecessarily.
• Changing the deadline informally — if you agreed in writing (text, email) to push the deadline back "to July", you have most likely given up your right to claim costs for that period.

Common client mistakes

• Leaving it to the last minute — set the additional deadline EARLY, not on the final day.
• Skipping the formal demand — many disputes can be resolved without going to court if you can show you were open to a conversation first.
• Ignoring part of the contract — sometimes a contract allows for "an extended deadline in the event of force majeure" (for example, a lockdown). Check this carefully.
• Accepting changes without anything in writing — if the contractor said "it'll be done by end of July" and you went along with it, that is effectively a variation of the contract. Written evidence of what was actually agreed matters a great deal.

Frequently asked questions

Can I terminate the contract immediately, or do I have to wait until the deadline passes?

Article 635 KC allows you to terminate before the deadline if it is already clear the work won't be finished on time. But you should first raise the issue and give the contractor a chance to respond. If the contractor tells you "it'll be done by end of July" when the original deadline was end of May, you can already act on that.

Can I hire another contractor without the first one's agreement?

Technically, yes — once you have terminated the contract. But it is better to send a formal demand first. If you rush to bring someone else in "to speed things up" without attempting to resolve things first, a court may decide you brought the extra cost on yourself.

Can I claim a penalty for every day of delay?

If the contract provides for it — yes. But a court can reduce the penalty if it considers it excessive. For example, if the contract says "100 PLN per day" and the delay is 30 days (3,000 PLN), that is likely to be upheld. But 10,000 PLN for a 3-day delay? A court would likely cut that down.

What if the contractor had problems of their own (for example, sourcing materials) — does that mean they owe me nothing?

It depends on the contract. If the contract doesn't provide any protection for that kind of situation, and the problem was within the contractor's control, they remain liable. But if it really was a case of force majeure (a pandemic, for instance), that's a harder argument to win.

Does the hotel have to be in the same town?

Article 636 KC and the general principle here is that recoverable costs must be real and reasonable. A hotel 50 km from home for a local renovation may look "unreasonable" — but if that's also where you work, it's a different story.

Summary — checklist

Before you claim your costs back:

• ☐ Do you have a contract with a clear deadline (not "roughly")?
• ☐ Have you documented the delays (emails, texts, photos of the work's progress)?
• ☐ Have you sent a formal demand with a new deadline?
• ☐ Do you have receipts for the hotel / storage / other costs?
• ☐ Can you show the causal link (the delay caused these specific costs)?

If you want to dig a little deeper:

• ☐ Check whether the contract contains a contractual penalty clause.
• ☐ Check whether the contract contains a "force majeure" clause.
• ☐ Work out whether you terminated the contract or chose to let the contractor continue — this changes how compensation is calculated.

Related articles:

• Contractor Won't Fix Defects: When to Send a Formal Demand Letter
• Contractor Took a Deposit and Didn't Finish the Renovation: What Can You Do?
• Renovation Firm Did a Bad Job: Where to Start with a Complaint

Content last verified: 26 June 2026.