Statutory Warranty and Guarantee for Defects in Building Work in Poland

The crew finished the renovation, the invoice is paid, and a few weeks later cracks appear on the wall, panels start lifting off the floor, and the grout in the bathroom begins to split. The first question most clients ask at that point is: can I still do anything, now that I've formally signed off on the work and paid for it? Usually, the answer is yes — regardless of whether the contractor gave you any kind of guarantee card. The key mechanism here is the rękojmia (statutory warranty for defects), which applies automatically, by operation of law.

This material is general information, not legal advice. Every case depends on the contract, the evidence and the circumstances, and on whether it is a consumer, civil-law or business (B2B) matter. If you need advice or representation, the case should be assessed by a qualified Polish lawyer or another appropriate specialist — we do not guarantee the outcome of any case. Twoja Sprawa is an information and coordination platform, not a law firm, and helps you organise the documentation for that assessment.

Key points

The statutory warranty (rękojmia) is a builder's liability created by law — it applies whether or not the contract even mentions it, and you don't have to prove fault.
A guarantee (gwarancja, Article 577 of the Polish Civil Code, "KC") is a separate, voluntary arrangement — its scope is set out in the guarantee document, and having one does not switch off the statutory warranty.
How the contract is classified affects the time limits — a flat renovation is usually treated as a "specific work" contract (umowa o dzieło), while a larger project may count as a "construction works" contract (umowa o roboty budowlane); the line between the two can be disputed.
The statutory warranty gives you several options — you can demand a repair, a price reduction, or, in more serious cases, terminate the contract.
Time limits vary depending on the type of contract — it's worth establishing them as early as possible.
Documenting the defects (photos, correspondence, cost estimates) determines how strong your position is, whether you're negotiating with the contractor or going to court.

What is the statutory warranty for defective building work

The statutory warranty is the contractor's liability for physical and legal defects in the work performed. It's set out in the provisions on warranty for sales (Article 556 and following of the KC), which apply to a "specific work" contract via the reference in Article 638 KC. If you commissioned a renovation and the result is defective — meaning it doesn't match what the parties agreed, or isn't fit for its ordinary use — the contractor is liable by operation of law, regardless of whether they were at fault.

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This is an important difference from ordinary damages claims: under the statutory warranty, you don't have to prove the contractor was negligent. It's enough to show that the defect exists and that it arose before you signed off on the work.

For larger projects — as opposed to a modest flat renovation — the provisions on construction works contracts (Articles 647–658 KC) may apply instead. These also provide for liability for defects through their own cross-references. Whether a contract counts as a "specific work" or "construction works" contract can be disputed, and it matters in practice — above all for the limitation period.

Statutory warranty vs guarantee — the difference you need to know

Feature	Statutory warranty (rękojmia)	Guarantee (gwarancja)
Legal basis	Statute — Article 556 KC and following (via Article 638 KC)	A voluntary undertaking by the guarantor — Article 577 KC
Does it always apply	Yes, by operation of law, unless the parties limit it in a B2B contract	Only if the contractor actually gave one
Scope	Set by the Civil Code	Set by the wording of the guarantee document
Who is liable	The contractor (the other party to the contract)	Whoever made the guarantee undertaking

The key takeaway: not having a guarantee card doesn't mean you have no protection. Even if the contractor never mentioned a guarantee, the statutory warranty applies by operation of law. If a guarantee was given, you may be able to choose whichever regime works better for you in the circumstances.

It also matters whether the client is a consumer or a business. In purely business-to-business (B2B) relationships, the parties may agree to limit or exclude the statutory warranty by contract, which is harder to do effectively in a relationship with a consumer.

What the statutory warranty entitles you to

Demanding a repair. This is usually the first step — you call on the contractor to fix the defects within a reasonable time. If they refuse, or the repair is still defective, you may be able to have another firm carry out the fix at the original contractor's expense — so-called wykonanie zastępcze (substitute performance).

Demanding a price reduction. Where the defect doesn't justify terminating the whole contract, you can demand that the fee be reduced proportionately, to reflect the value of the work given the defect.

Terminating the contract. This is the most far-reaching remedy — for example, where the contractor is delayed to the point that meeting the deadline becomes unlikely (in which case you can terminate even before the deadline passes), or where the work is defective and, despite being called on to change how it's carried out and given an additional deadline, nothing changes.

Which remedy to choose depends on how serious the defect is and on the contractor's conduct so far — this is always a case-by-case judgment, and it's worth discussing with a lawyer before sending a formal letter.

Time limits for the statutory warranty

Claims under a "specific work" contract (typical for a flat renovation) generally become time-barred two years from the date the work was handed over — the limitation period under Article 646 KC.
Construction works on larger projects may be subject to different limitation rules.
The statutory warranty for defects in real property may carry a five-year period under Article 568 KC, though whether it applies to a particular renovation situation needs a separate assessment.

How the contract and the defect are classified can be disputed — so before assuming that "time has run out," it's worth checking with a lawyer. Regardless of the limitation period, it's best to report a defect as soon as possible: delay weakens your negotiating position even if the formal deadline hasn't passed yet.

How to report a defect and preserve the evidence

Describe the defect precisely — what it is, where it is, when you noticed it, how it shows up.
Take dated photos and video, ideally from several angles.
Gather your documentation — the contract, the handover/sign-off record, invoices, correspondence, cost estimates.
Consider an independent expert's opinion for more serious defects.
Send a written defect notice setting out the problem, what you want done, and a reasonable deadline for a response.
Keep a copy of all correspondence and proof of sending/delivery.

Not having a written contract doesn't rule out the statutory warranty, but it makes it much harder to prove what was actually agreed about the scope of work — so it's worth gathering every piece of evidence you can: texts, payment confirmations, "before" and "after" photos.

Consumer or B2B — different levels of protection

If you commissioned the renovation as a private individual, you get the full protection of the statutory warranty, and the contractor's ability to limit it is very restricted. If the work was commissioned through your own business, and the other party is also a business, you're in a B2B relationship — the parties can agree to modify the scope of the statutory warranty by contract, which is worth checking before you sign.

There's also a middle category: a sole trader treated as a consumer (przedsiębiorca na prawach konsumenta) — someone running their own business who enters into a contract connected with that business but not of a professional character for them. In that case, some consumer protections may still apply.

Frequently asked questions

Can I still claim under the statutory warranty if I signed the handover record without raising any objections?

Signing off without reservations makes things harder for defects that were already visible on the day of handover, but it doesn't automatically rule out the statutory warranty — hidden defects can still be reported later.

The contractor says "the statutory warranty doesn't apply to me" — is that true?

The statutory warranty comes from statute, not from the contractor's goodwill. A statement like that has no legal effect on its own, unless it was effectively excluded in a written contract — and that's harder to do in a relationship with a consumer than in B2B.

Does a guarantee extend how long I have to complain, beyond the statutory warranty period?

It depends on the wording of the guarantee document — it may be longer, shorter, or cover a different range of defects than the statutory warranty.

Do I have to go straight to court if the contractor doesn't respond to my notice?

No — going to court is usually the last step. First comes a written demand with a deadline, and only after that, if needed, substitute performance at the contractor's expense or a claim.

Need help with this?

If a contractor is refusing to fix defects, or you're not sure whether your case still falls within the statutory warranty period, we can help you organise the documentation — the contract, photos, correspondence and cost estimate — before it's passed on for a lawyer's assessment. Get in touch and describe your situation for a free initial review.