Handover and defects in a new flat in Poland: questions and answers

The handover happens after the building's occupancy permit is final (for a house, after a completion notice with no objection) and before the transfer deed that makes you the owner. The date and the way the developer notifies you are set in your developer agreement. The law has no fixed 14-day notice period for the handover, so check what your contract says and keep the notification.

The developer act requires the buyer to take part in the handover, and the protocol is drawn up with you. If you cannot attend, ask the developer well in advance whether a representative with a power of attorney can attend for you, and in what form. Be careful about missing the date: if a buyer fails to appear twice, after two summonses at least 60 days apart, the developer may withdraw from the agreement.

The handover protocol (protokół odbioru) is the written record of the handover. You list in it every defect you find, from scratches and uneven walls to faulty windows or missing items from the finishing annex. The protocol starts the developer's statutory deadlines for answering and repairing. Before signing, read it carefully, make sure every defect is written down clearly, and keep your own copy with photos.

The developer has 14 days from the day the protocol is signed to tell you in writing whether it accepts the defects or rejects them with reasons. If the developer does not answer within those 14 days, the defects are treated as accepted. Keep the date the protocol was signed and any correspondence, because the deadlines are counted from it.

The developer must fix accepted defects within 30 days of signing the protocol. If it cannot do so despite due diligence, it must give you another date with reasons, and that date must not cause you excessive inconvenience. If the developer misses the new date, you can set a further deadline and, if that is missed too, have the defect fixed at the developer's expense.

Yes, if there is a significant defect (wada istotna) and the developer refuses to acknowledge it in the protocol. After a repeat handover, a refusal must be backed by an independent building expert's opinion, which you request within a month. If the expert finds no significant defect, you bear the cost; if one is found, the developer does, and you may withdraw from the agreement. The act does not define a significant defect, so get advice before refusing.

You can still report it. Defects found between signing the protocol and signing the transfer deed can be reported to the developer, and the same 14-day answer and 30-day repair deadlines then run from the date of your report. Report in writing and keep proof of when the developer received it.

Beyond the handover rules, the developer is liable for physical and legal defects under the Civil Code rules on warranty (rękojmia), which apply to developer sales since September 2025. For real estate the warranty period is 5 years, counted from the day the property was handed over to you. Whether that day is the protocol or the transfer deed is not fully settled, so act early and keep records.

No. The developer act does not set a fixed penalty for late handover. Penalties and interest are whatever your developer agreement provides, and the act requires the agreement to state them. It also says the developer's interest for your late payment cannot exceed the penalties it would pay you, and if the agreement sets neither, the developer owes compensation at the statutory interest rate.

If the developer does not transfer ownership by the contract date, you can set an additional 120-day deadline. If the developer misses that too, you may withdraw from the agreement and still keep any contractual penalty. Your payments are then refunded under the escrow rules, and for an open escrow the Developer Guarantee Fund can pay out if the developer does not repay within 30 days. Get legal help before withdrawing.

Bring the developer agreement, the finishing annex and the prospectus. Check the finishing scope and standard against what was promised, because terms such as shell-and-core or turnkey are market labels, not legal definitions; only the contract counts. Check the room layout and the usable area, which is the basis of the price, and any parking or storage units included in the sale.