Builder Took a Deposit and Abandoned the Renovation in Poland — What Can You Do?

Q: How long do I have to pursue a claim?

As a general rule, 2 years from delivery of the work (if it was a contract for a specific result — umowa o dzieło — under Article 646 KC), or 6 years for general property claims. The clock starts running once you become aware of the problem. It's best not to wait too long — evidence tends to fade.

You paid a deposit for renovation work in Poland, and the builder has either gone quiet or downed tools halfway through the job. It's a stressful situation, but not a hopeless one. The key is understanding the difference between zadatek (a forfeitable earnest-money deposit) and zaliczka (an ordinary advance payment) — because it changes your whole strategy for getting the money back. This guide walks through what to do step by step, what evidence to gather, and when to bring in a lawyer.

This guide is general legal information, not legal advice. How the rules apply depends on your contract, your evidence, and the circumstances — including whether the matter counts as a consumer, general civil, or business-to-business (B2B) dispute. If you need advice or representation, the matter should be assessed by a qualified Polish lawyer or another relevant specialist. Twoja Sprawa helps you organise the documents for that assessment.

Zaliczka vs zadatek — a crucial distinction

This is the first thing to establish, because the answer determines whether you have a realistic chance of getting your money back. Whether your payment counts as a zadatek (earnest-money deposit) or a zaliczka (advance payment) is decided by what the contract says — especially the wording on the receipt, in an email, or in any written confirmation.

	*Zadatek* (earnest-money deposit)	*Zaliczka* (advance payment)
Definition	Expressly labelled as zadatek under Article 394 of the Polish Civil Code (Kodeks cywilny, KC)	Treated as a payment on account of the final price
If the builder fails to perform	The client who paid the zadatek can generally cancel the contract and demand twice the amount paid (Article 394 KC)	A zaliczka is generally refundable in full
If the client pulls out	Generally forfeits the zadatek	Usually still refundable, typically minus costs the builder genuinely incurred
Risk to the client	Depends on the situation — a zadatek creates a stronger incentive for both sides to perform	Usually lower risk — as a rule, the whole sum is refundable

Takeaway: if the contract says "zadatek", you're in a weaker position. If it says "zaliczka" or simply "payment towards the renovation" with no special label, your chances of a refund are better.

First steps — documentation and formal demand

Before escalating, do the following:

🇵🇱

A Polish legal matter while you live in the UK?

Describe your situation — the initial review is free and non-binding. We match you with a regulated Polish lawyer; most matters are handled remotely under a power of attorney.

Request a free initial assessment

Gather every piece of correspondence: - text messages, Messenger, WhatsApp chats with the builder, - emails confirming the agreement, - receipts, invoices, or bank transfer confirmations showing the payment reference (e.g. "deposit for kitchen renovation"), - photos of the work's state before it stopped, - photos of any tools or materials the builder left on site.
Send a formal written demand (a logged email, a text you can screenshot, or a letter sent recorded delivery): - Set a clear deadline (e.g. 7 days) for the builder to get in touch and explain the situation. - State clearly that you will pursue a claim, including court action, if there's no response. - A letter like this is often expected as a first step before going to court.
Offer mediation or an amicable resolution, where realistic: - sometimes a builder is happy to come back once they see you're serious, - sometimes it really is a misunderstanding — the builder may be waiting to hear from you about the next stage of work.

What you can claim — no sugar-coating

If the deposit isn't returned and the work has been abandoned, you may be able to claim:

Full refund of the zaliczka (if the contract treated it as an advance payment, not a zadatek),
Compensation for the cost of finishing the work elsewhere (the difference in price, if a replacement contractor charges more),
Compensation for genuine losses caused by being unable to use the property (in consumer matters — the scope needs a lawyer's assessment). ⚠️

Any compensation claim needs to be justified — for example, by a quote from a new contractor for finishing the job.

Consumer vs B2B — why it matters

Status	Who this is	What it changes
Consumer	a private individual having their own home or flat renovated (not as part of a business)	full consumer protection — you can approach a consumer ombudsman (rzecznik konsumentów), access supplementary remedies, and typically move through the case faster
Business acting like a consumer	a business owner having an office renovated, but not as part of their trading activity	partial protection (Articles 385⁵ and 556⁴ KC)
B2B	a building firm renovating for another business (a professional, commercial-style contract)	commercial rules apply — harder to claim, less protection, and statutory warranty for defects (rękojmia) can be limited by the contract

Consumer protection law — your ally where it applies

If your matter counts as consumer (you as a private individual, or a business owner acting outside their trade), you can rely on:

Non-conformity of the service with the contract — the builder was obliged to carry out the work properly, so you're entitled to either (1) have it corrected (here: the renovation finished) or (2) a price reduction (Articles 556–558 KC).
The right to cancel the contract — where the service delivered falls significantly short of what was agreed (Article 491 KC — delay or a significant breach).
The consumer ombudsman (rzecznik konsumentów) — free help that can advocate on your behalf with the builder.

If your matter is B2B, the rules are more lenient towards the builder — but you can still pursue a claim under the Civil Code (Articles 471 and 491 KC) and the terms of your contract.

Evidence that makes a real difference

Put together a documentation pack:

The contract (if one exists) — written, or verbal but backed up by emails,
Proof of payment — bank transfers, card payments, receipts,
The payment reference — what was written in the transfer description (this matters to a court),
Photos of the work's condition, dated, showing exactly where it was left,
All correspondence with the builder — particularly anything showing when they stopped responding,
A quote from a replacement contractor — the cost of finishing the job (this is the basis for calculating compensation),
Witnesses — neighbours or family who saw the work take place.

When it's worth going to court (and when to try mediation first)

Go to court (or at least send a formal demand) if: - the deposit is worth more than roughly 500–1,000 PLN (the court fee is worth paying), - you have solid evidence (a contract, transfer records), - the builder isn't responding to your demands, - you understand the standard sequence (claim → hearings → judgment → enforcement).

Try mediation or an amicable route first if: - the amount is under roughly 1,000 PLN, - the builder is still contactable (there may be a genuine misunderstanding or a temporary hitch), - you'd rather avoid the cost and time of litigation.

When pursuing the case may not make economic sense

Unfortunately, there are situations where it's more realistic to write the loss off:

The deposit is under roughly 200–300 PLN, and the case would drag on — the costs would outweigh any refund.
There's no written evidence at all — everything was verbal, with no emails or texts; a court will then have real doubts.
The builder has disappeared and can't be traced — even a judgment is of little use if you can't find the debtor.
The contract is unusual or vague — for example, drafted haphazardly, leaving real room for differing interpretations.

In these cases: keep your documents (they may matter for other purposes), report the matter to the police if you suspect fraud, and treat it as a lesson for next time.

Common mistakes clients make

No written contract. You assume a verbal agreement is enough — then you can't prove exactly what was promised. Always follow up with a confirming text or email.
Paying cash with no receipt. Courts want evidence — a bank transfer or invoice gives you something solid.
Waiting too long before sending a formal demand. The sooner you act, the less time is lost and the less stressful the process becomes.
Overstating the damage in a claim. Describing a "ruined life" when the sum at stake is 2,000 PLN makes a court sceptical.
Skipping mediation. Sometimes a ten-minute conversation clears everything up and saves months of hassle.

Frequently asked questions

Can I keep the materials or tools the builder left behind? No. That would count as unlawful retention. You need to store them safely and offer to return them — doing so actually strengthens your legal position. You can, however, claim reimbursement for storage costs.

How long do I have to pursue a claim? As a general rule, 2 years from delivery of the work (if it was a contract for a specific result — umowa o dzieło — under Article 646 KC), or 6 years for general property claims. The clock starts running once you become aware of the problem. It's best not to wait too long — evidence tends to fade.

Can I have the builder arrested for theft? A deposit dispute is a civil-law matter, not theft. You can report suspected fraud to the police, but that requires showing the builder never intended to carry out the work in the first place (hard to prove in practice). In practice, your main route is a civil claim.

What if the contract says "zadatek"? Then you're in a weaker position. Where it's clearly labelled a zadatek (Article 394 KC) and the builder is the one who broke the contract, you can, in principle, claim back that zadatek rather than have the builder keep it — but that alone won't cover everything. You'll also need to pursue compensation for the unfinished work separately. Get advice from a lawyer on this point.

Can I finish the work myself and claim the cost back from the builder? Yes — this is provided for in Article 636 KC (contract for a specific result, umowa o dzieło): if you've formally called on the builder to finish the work and they haven't done so within a reasonable time, you can have someone else complete it at the original builder's expense. However, you'll need to show that: - you issued a formal written demand, - you gave a reasonable deadline, - the replacement contractor's costs are justified (a quote).

Last reviewed: 26 June 2026.

Checklist before making a claim

[ ] Do you have a contract (written, or a confirming email)?
[ ] Do you have proof of payment (transfers, receipts)?
[ ] Can you show what the contract required — what work was to be done?
[ ] Have you sent a formal demand for payment/completion (recorded delivery, logged email)?
[ ] Do you have dated photos of the work's condition?
[ ] Do you know the builder's address (needed to serve any claim)?
[ ] Do you have a quote from a replacement contractor (to calculate compensation)?