Handover of a new flat (odbiór): checklist, defects and deadlines

Handover (odbiór) is the inspection you make before the transfer deed, once the building's occupancy permit is final. You must attend, a protokół odbioru (handover protocol) is signed, and every defect you write into it starts two legal clocks: the developer has 14 days to respond in writing and 30 days to fix the defects it accepts. What you do not record is much harder to claim later, so prepare properly and take your time.

This guide is information, not legal advice. It reflects the Developer Act as in force in November 2026.

When handover happens and how you are told

Handover takes place after the occupancy permit (pozwolenie na użytkowanie) has become final, or for a house after a completion notice that was not objected to. It comes before the transfer deed.

There is no statutory "14-day notice" before handover. The way you are notified and the handover date are set in your developer agreement, so read that clause now. If you cannot attend on the proposed date, reply in writing and propose another. Be careful: if a buyer fails to appear twice, with summonses at least 60 days apart, the developer may withdraw from the contract.

What to prepare

Documents

• your developer agreement, including the finishing annex (the description of the standard);
• the prospectus and any annexes;
• the floor plan with dimensions and the location of sockets, switches and installation points;
• any agreed changes to the layout (zmiany lokatorskie), with drawings.

Tools

• a laser distance meter and a tape measure;
• a long spirit level (at least 2 m) for walls and floors;
• a socket tester or a phone charger to test sockets;
• a torch, sticky notes or masking tape to mark defects;
• a phone for photos and video, with a full battery.

Help

You can bring a family member or pay a building inspector. An inspector is optional, but it is often worth it for a first purchase, because they know where finishing problems hide. Agree the price and the scope (for example, whether they measure the area) before the day.

The handover checklist

Work room by room, top to bottom. Take a photo of each defect with something that shows scale.

Area	What to check
Windows and balcony doors	Open, close and tilt every sash; seals; scratches on glass and frames; window sills; drainage
Entrance door	Locks, all keys, door closes evenly, no damage, the door class matches the contract
Walls and ceilings	Flatness with the level, cracks, plaster quality, corners at right angles
Floors (screed)	Flatness, cracks, hollow sound when tapped, height differences between rooms
Electrics	Number and position of sockets and switches against the plan, the fuse box and its labels
Plumbing	Water and drain points in the right place, caps, no leaks, water meters
Heating	Radiators fixed and undamaged, valves, heat meters or cost allocators
Ventilation	Vents present and unblocked; a sheet of paper should be drawn to the grille
Balcony or terrace	Railings, drainage, waterproofing at the door, tiles
Storage and parking	Location and number match the contract, door and lock
Common parts	Staircase, lift, entrance, letter box (record these separately if the developer allows)

Area and measurements

Your contract must state how the usable area will be measured. For contracts signed since early 2026 the price is expressed as usable area multiplied by the price per m², so the measured area matters. Check the area in the as-built measurement and ask how the contract settles a difference between the planned and actual area. If you are unsure, note in the protocol that you do not accept the measurement and request the measurement report.

Meters and keys

Write down the readings of electricity, water and heat meters in the protocol, with photos. List every key and remote control you receive.

Filling in the protocol

1. Write each defect separately, with its location ("living room, wall by the window: crack 40 cm long").
2. Do not accept vague wording from the developer's representative such as "minor finishing issues".
3. Attach photos, or note that photos were taken and send them by email the same day.
4. If something cannot be checked (for example, no electricity yet), write that it was not checked.
5. Keep your own signed copy.

Watch out: signing the protocol does not mean you accept the flat without defects. It records the state on the day. What matters is that every defect you saw is written down.

After you sign: the 14- and 30-day deadlines

Deadline	Counted from	What happens
14 days	Signing the protocol	The developer must accept the listed defects or reject them in writing, with reasons. Silence means the defects are accepted.
30 days	Signing the protocol	The developer must fix the accepted defects.
A new date	If the developer cannot meet 30 days despite due diligence	It must give you another date, with reasons, which may not cause you excessive inconvenience.
Your deadline	If the new date is also missed	You set a further deadline; after it, you may have the defect fixed at the developer's cost.

Keep all correspondence in writing (email is fine if the contract allows it). Put the dates in your calendar.

If the flat has a significant defect

The act lets you refuse handover if there is a wada istotna (significant defect) and the developer refuses to acknowledge it in the protocol. The act does not define "significant", so whether a defect is significant is a legal question; a scratch will not be, but ask a lawyer about anything that seriously affects use or departs from the contract.

At a repeat handover, the refusal must be supported by a building expert's opinion. You apply for it within a month. If the expert finds no significant defect, you pay the cost; if one is found, the developer pays and you may withdraw from the developer agreement. This is a serious step, so talk to a lawyer before refusing handover.

Defects found later

• Between the protocol and the transfer deed: you can report new defects; the same 14- and 30-day clocks run from your report.
• After the transfer: the developer is liable for physical and legal defects under the Civil Code warranty (rękojmia). For real estate the warranty period is five years from the day the flat was handed over to you. Whether that day is the protocol date or the deed date in a particular case is a question for a lawyer, so report defects as soon as you see them.

Common mistakes

• Coming without the finishing annex, so you cannot say what is missing.
• Signing in a hurry because the representative has "another handover in 20 minutes".
• Inspecting in the evening without electricity or daylight.
• Not testing every window and socket.
• Starting fit-out work before defects in screed and walls are recorded, which makes later claims harder to prove.

If your flat is shell-and-core, the inspection is about the base finishes; for a turnkey flat you also check the finishing work. See shell-and-core vs turnkey for what each standard usually includes. Where handover fits in the full purchase is shown in buying from a developer step by step, and the withdrawal rules are in reservation and developer agreements. Short answers to common handover questions are collected in handover and defects: questions and answers.

Check before you sign the protocol

1. Every defect is listed separately with its location.
2. Meter readings and keys are recorded.
3. The area measurement is attached or your objection is written down.
4. Anything not checked is marked as not checked.
5. You have a signed copy and your photos are backed up.