A dispute with the developer about faults in the premises

klodzinskikancelaria.pl 1 month ago

The receipt of an flat from a developer sometimes resembles a minefield. The difference is that alternatively of explosives, we are looking for cracks, damp walls, leaky terraces, and angles that are at least cool with geometry.

When a defect comes to light, a sympathetic sales language can give way to the formulas “natural building work”, “acceptable deviation” or “the substance has been transferred to the subcontractor”. That's erstwhile the right thing starts. dispute with the developer.

For 16 years I have been conducting civilian and economical disputes, including real property cases. Below, I explain erstwhile you can request repairs, a simplification in price, a withdrawal from the contract or compensation from the developer for defects — without promises of miracles and without rewriting articles that do not fit the case.

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Which rules do we apply?
Apartment pickup
Protocol and time limits 14/30 days
Malformation omitted in the protocol
Important defect and refusal of receipt
Guarantee after transfer of ownership
What can you demand?
Damage compensation
Guarantee and warranty
Time limits for redress
Joint parts defects
How do you prepare the evidence?
Typical developer arguments
One step at a time
Frequently asked questions

1. A dispute with the developer begins with the establishment of the applicable provisions

Before we send a call bearing 5 exclamation marks and 7 legal bases, we request to establish 3 things:

whether the premises have already been received;
whether the ownership of the premises has already been transferred to the purchaser;
which law applies to a peculiar investment and contract.

Before the transfer of ownership, the procedure for receipt from Article 41 improvement Act. After transfer of the rights, the liability of the developer for defects — to the degree not regulated in Article 41 — shall be subject to the appropriate application of the civilian Code on Guarantees. Since 2025, this is straight due to Article 41a of the improvement Act.^[1]

It's important: Receipt refusal, withdrawal from a improvement contract and withdrawal from a sales contract under warranty are not 3 names of the same activity. They have another reasons and they operate at different stages.

Transitional provisions are besides important. Older projects may be partially subject to the erstwhile improvement act. The date of receipt on the calendar does not always answer the question which legal government should be applied. The law, unfortunately, did not become simpler just due to the fact that the investment has a modern name in English.

2. Receiving an flat from a developer: a method theatre or a key activity?

Receiving is not a solemn handing of keys. From the point of view of the later trial, this is 1 of the most crucial moments of the full relationship. Pursuant to Article 41 of the improvement Act, the transfer of rights is preceded by the receipt, carried out in the presence of the buyer, and minutes are drawn up from the receipt.^[1]

You can come to the reception alone. You can besides take an engineer or inspector with measuring equipment. The second variant usually costs little than later reproduction on the basis of photographs, whether the 2 centimeter slot existed at reception or whether it was created — as the another side may propose — for metaphysical reasons.

What is worth checking during reception?

the area and layout of the premises compared to the contract, plan and standard;
equality and deviations of walls, floors and ceilings;
installation, adjustment and tightness of windows and balcony doors;
condition of windows, frames, windowsills and workings;
electrical, water, sewage, ventilation and heating installations;
fall on balconies, terraces and wet zones;
traces of moisture, leakage, mould and makeshift ‘cosmetic amendments’;
the conformity of the materials utilized with the contract, prospectus and finishing standard;
a location cell, parking space and belongings if covered by the contract.

Practical principle: The defect should not only be noticed but besides located, described, measured and photographed. "The wall is simply a curve" is simply a view. "The wall deviation in area 2 is 16 mm in 2 m section" is already evidence.

Can the developer execute one-sided reception after 1 non-promotion?

Provisions little favourable to the buyer than the bill are invalid and the applicable laws enter into place. The developer may retreat from the contract due to the failure of the buyer to accept or notarial act only despite two times service of the written notice, at least 60 days apartunless non-contribution is due to force majeure.^[1]

The clause providing for far-reaching effects already after the first non-position does not gain legal power simply due to the fact that it was printed in a tiny font and bearing the number of the paragraph.

3. Reporting of shortcomings to the minutes: time limits of 14 and 30 days

The defects found at the time of receipt shall be recorded in the minutes. The developer does not consider them simply by courtesy. The Act launches a circumstantial procedure.

14 days to the position of developer. The developer shall supply information on the designation of defects or a reasoned refusal of their recognition.

30 days to remove identified defects. The time limit shall run from the date of signature of the receipt protocol.

1 period additional from the buyer – After its unsuccessful expiry, the buyer can remove defects at the developer's expense.

The absence of a developer position within 14 days means that defects are considered to be recognised. If the developer, despite his due diligence, fails to remove the identified defects within 30 days, he may indicate a different time limit but should justify the delay. The fresh deadline shall not origin undue inconvenience to the buyer.

If the developer does not remove the defects besides within this period or does not indicate it at all, the buyer sets another deadline. After it is unsuccessful, it can remove defects at the developer's expense.^[1]

Watch out for 2 different 14-day rules: prior to the transfer of ownership, the procedure with Article 41 of the improvement Act shall operate. After transfer of ownership, within the framework of consumer guarantees, a separate Article 561⁵ k.c. provides for the effect of accepting a request if the seller does not respond within 14 days. Do not mix both grounds in 1 letter without determining the phase of the case.^[2]

How to decently describe the defect?

A good description should indicate:

the location of the defect;
its apparent symptom and size;
the consequence of the measurement, if possible;
attached photographs or recordings;
the expected way of bringing the premises to a contractual condition.

“Please correct the balcony” gives the developer a wide creative field. ‘Please remove the leak by performing appropriate hydro insulation, treatment and degradation and reconstruct the damaged layers’ describes the consequence that can then be achieved.

4. Does the deficiency of responsibility in the protocol close the way for claims?

Nope. Signing the protocol without indicating the defect does not make a statutory presumption that the premises were free of all faults. The collection protocol is not a death certificate for claims.

However, the absence of an alert may worsen the evidence situation. The developer may claim that the defect:

did not be at the time the premises were issued;
was created while finishing the apartment;
results from misuse;
was visible and was accepted by the purchaser.

The Act besides provides for a procedure for defects revealed after the signature of the Protocol but before the transfer of ownership. The buyer may study specified a defect to the developer, and the time limits for the position and removal of the defect shall apply from the date of the notification.^[1]

Once the ownership is transferred, they will apply the rules of warranty. Then it will be crucial to show that the defect existed at the time of the hazard or was due to the reason already in the premises. If the consumer finds the defect within 1 year of issue, the statutory presumption that the defect or its origin already existed is in its favour.^[2]

5. crucial defect and refusal of reception

Not all responsibility allows you to refuse to receive. A scratched glass, a fine failure of plaster or a curved plaster may justify a request for repair, but in themselves they do not usually make a statutory right to refuse.

The improvement Act does not contain a full definition of the material defect. Ancillaryly, mention can be made to the acquis of the case-law on construction works. The ultimate Court pointed out that an crucial defect is 1 which makes the object unfit for the intended usage or leads to the execution of works in a way clearly contrary to the contract.^[3]

No slot machine: extended leakage, serious structural defect, inability to safely usage the installation or a major contradiction with the intended usage may be in favour of materiality. A single scratch is usually not adequate — although the complaint department sometimes defends it with a commitment worthy of preservation of monuments.

How does refusal work at first reception?

The purchaser may refuse to accept if, at the time of receipt, he finds a material defect and at the same time the developer refuses to recognise it in the protocol. If the developer considers a material defect, the procedure for removing it shall be utilized and the buyer may retreat from the contract after the applicable period has expired.^[1]

What about the second round?

Refusal to re-receive due to a material defect requires an opinion of the construction expert. The purchaser shall request an opinion within 1 period of the refusal. If the valuer confirms a material defect, the buyer may retreat from the contract. The cost of the opinion shall be borne by the developer erstwhile the defect is confirmed and the purchaser erstwhile the expert does not find it.^[1]

It should not be written that any defect which is applicable automatically allows immediately to retreat from the contract pursuant to Article 560 k.c. Before the transfer of ownership, there is simply a peculiar procedure for the improvement bill. The warrant from the civilian Code takes on fundamental importance after the transfer of rights.

6. Warranty for defects of the flat after transfer of ownership

After the ownership of the premises has been transferred, the liability of the developer for defects — to an degree not regulated in the reception procedure — is subject to appropriate application of the warranty rules.^[1]

The warrant is the seller's statutory liability for the defect, or non-compliance with the contract. The premises may be incompatible with the contract, inter alia, where:

does not have the characteristics required for use;
there are no characteristics provided by the developer;
not suitable for the circumstantial intent agreed upon in the conclusion of the contract;
has been released in incomplete form;
has been incorrectly made or mounted.^[2]

Not only the notarial deed and the improvement contract are important, but besides the prospectus, the finishing standard, the plan and circumstantial assurances presented to the buyer. The sales folder can be fantastic literature, but in the process it can unexpectedly advance to the function of proof.

Does a developer should be guilty?

Liability with the warranty is nonsubjective and does not in rule depend on the seller's fault. Thus, the developer will not be released by stating that the defect was caused by the contractor or subcontractor. However, it is crucial whether the defect existed at the time of the hazard or due to the reason at that time in the premises.

In relation to the consumer, liability with the warranty cannot be excluded or reduced. The contractual clause is not a time device capable of withdrawing the validity of laws.^[2]

7. What can you request from a developer?

The choice of claim should consequence from the client's purpose, the kind of defect, the phase of the case and the evidence. Repair, lowering the price, cancellation and compensation are not lottery tickets, which are all thrown into 1 call in case.

Claim When does it make sense? Major risks

Delete defect	When repair is technically possible and the buyer wants to keep the place.	Fixing a seemingly inappropriate technology or stalling deadlines.
Price depression	When the defect permanently decreases the value of the premises or the buyer does not want further repairs.	The simplification is not automatically equal to the estimation of repairs.
Withdrawal	In the case of a crucial defect and the fulfilment of appropriate statutory conditions.	The most advanced claim; requires a precise basis and procedure.
Compensation	When the defect caused tangible harm to property.	The damage, its amount and causal link must be demonstrated.

7.1. Request to remove defect

The buyer may request that the defect be removed. After transfer, repairs should take place within a reasonable time and without undue inconvenience. Repair costs, including labour, materials, dismantling and re-assembly, are mostly borne by the seller.^[2]

The call must specify not only what is visible, but besides the expected result. Blurring the leak is not a removal of the origin of the leak. It's a decoration.

7.2. Lowering the price of the apartment

The price simplification does not consist in rewriting the amount from the estimate. Pursuant to Article 560(3) k.c., the reduced price should stay at the price resulting from the contract in specified proportion as the value of the premises with defects remains to the value of the premises without defects.^[2]

The ultimate Court in Case II CSKP 109/22 considered that little than the agreed area of the premises could be a disadvantage affecting its value and that the price simplification mechanics would reconstruct the economical balance of benefits. However, this requires an appropriate proportion of the value, not a simple action: ‘the number of missing meters × the tender price’.^[4]

7.3. Withdrawal

After transfer of ownership, the buyer may make a declaration of withdrawal within the warranty, but not if the defect is irrelevant. The seller may also, under certain conditions, prevent immediate withdrawal by immediate and effective removal of the defect without undue inconvenience to the buyer.^[2]

Before transferring ownership, the circumstantial procedure of the improvement Act described above should be used. Mixing these modes in a resignation message can supply developers' lawyers with a very successful day.

8. Compensation from developer for defects

Compensation from developer for defects may be sought in peculiar on the basis of contractual liability with Article 471 k.c. if the issuance of a defective premises constitutes an improper performance of the contract. The following must be demonstrated:

failure or inadequate performance of the developer's commitment;
damage to property;
the amount of the injury;
normal causal link between breach of contract and damage.

After demonstrating these elements, the developer can defend himself, proving that the infringement has occurred for reasons for which he is not responsible. However, it is not adequate to say, ‘this was done by a subcontractor’. In accordance with Article 474 k.c., the debtor is liable for the persons he uses in the performance of the obligation, as for his own action.^[2]

What could include compensation?

Depending on the facts and evidence, the claim may include, inter alia:

reasonable costs of repairs and reconstruction of damaged components;
the reasonable costs of method opinions, where they were intended and necessary;
costs of temporary accommodation, removal or retention of goods;
lost rent erstwhile the premises due to defects could not indeed be rented;
other expenditure and losses in the average causal relation with the defect.

Every position should be proven. Just believing that "a developer should pay for everything" can be emotionally accurate, but the court needs invoices, contracts, opinions, marketplace data and a causal link.

Repair costs are crucial evidence, but not an ATM

In judgement I CSK 695/17 concerning buildings erected and sold by the developer, The ultimate Court has accepted that harm may already be caused by entering into the property of the buyer of the defective property and compensation may include expenses essential to remedy the defects.^[5]

However, a fresh resolution of the 7 ultimate Court judges of 13 May 2026, III CZP 25/25 must be taken into account. SN stated in it that in the event of an improper execution works contracts compensation cannot simply be determined as equal to the cost of removing defects.^[6]

What does this mean for a dispute with the developer? The resolution deals straight with the construction contract, not any contract for the sale of the premises. It doesn't automatically prejudge all housing buyers. However, it clearly shows that the lazy plan of ‘costory = damage’ may not be enough. The application should specify precisely the kind of contract, the form of the harm and the way it is calculated.

Nor can double compensation be granted for the same injury, e.g. full reimbursement of repair costs and at the same time full simplification of the price based precisely on the same economical effect of the defect. The compensation law serves to repair damage, not to organise the promotion of ‘two benefits for one’.

9. warrant and warrant — akin names, different rules

The warrant is simply a voluntary commitment of the guarantor. Its scope follows from a warrant statement. It may cover only certain elements, supply for a circumstantial procedure and its own deadlines.

The warrant comes from the bill. The developer cannot, in a consumer relationship, deactivate or restrict it. The usage of the warrant should not automatically be identified as giving up another protection measures.

If no another time limit is indicated in the warrant statement, the statutory warrant period is now two years from the issue of things.^[2]

Practically: before you choose a warrant or a guarantee, compare their scope, deadlines and effect. The warranty card written by the developer does not request to be more advantageous to the buyer just due to the fact that it has an elegant logo.

10. How long can you claim for flat defects?

The time limits depend on the legal basis. There is no 1 universal answer: “There is always 5 years to sue the developer”. This conviction can be true, partially actual or simply wrong.

Guarantee terms

In case of property defects, the seller shall answer with the warranty if the defect is detected before the expiry of the five years after the date of issue of the property to the buyer. The Act refers to the issue, not automatically about the date of the notarial act or approval to use.^[2]

A claim for the removal of a defect shall be made in rule 1 year after its finding. If the buyer is simply a consumer, however, that time limit may not end before the expiry of the five-year period of responsibility. A akin framework shall exercise the right to lower the price or to withdraw, taking into account circumstantial rules after prior recovery. The sneaky concealment of the defect disables the anticipation of a simple cover-up of the period for uncovering the defect.^[2]

Deadlines for damages claims

Claims under Article 471 k.c. are subject to separate rules. The overall limitation period is six years and 3 years for business claims. The time limit depends on the maturity of a circumstantial claim and does not request to start precisely on the day of receipt of the premises.^[2]

The message ‘the case has been transferred to the subcontractor’ does not halt the moving of the terms. Many months of exchange of polite correspondence can give a sense of progress, while the process calendar behaves completely independently of the temper of the complaint department.

11. Fighting the developer with defects in common parts

Leaking roof, faulty elevation, leaky underground garage, badly performed insulation or problems with common installation rise an additional question: Who can claim?

The claims resulting from individual sales contracts are mostly granted to purchasers. The housing community does not automatically get them simply due to the fact that the defect concerns common property.

However, in the resolution of 7 judges of the III CHP 84/13, the ultimate Court confirmed that the owner of the premises may, on the basis of a transfer agreement, transfer to the community powers related to physical defects of the common property.^[7] In later case-law, the NS recalled that without the assignment, the community had no legitimacy to prosecute compensation claims of owners resulting from defects in the common part.^[8]

Before suing the community, you request to check: who has carried out the assignment, which powers have been transferred, which shares are represented by the cedents, and whether the community reaches the purchasers' claims, or a claim resulting from its own contract. The resolution itself, even voted unanimously and printed in large fonts, does not replace transfer agreements.

12. How to prepare evidence in dispute with the developer?

In the construction process, 1 who uses the word "scandal" more frequently does not win. The winner is the 1 who can show the defect, its cause, its scope and its property effect.

Documents to be secured

the improvement agreement and the transfer of ownership;
Information prospectus and finishing standard;
design, projections and available method documents;
receipt protocol and annexes;
all correspondence with the developer, manager and contractors;
photographs and recordings with an identifiable date;
the results of measurements and inspection protocols;
private method opinions and estimates;
tenders of economical operators, contracts, accounts and invoices;
evidence of making the premises available for inspection or repair;
documents confirming further costs and gross lost.

What should a good method opinion determine?

what is the symptom of a defect;
what is its method cause;
whether the origin existed at the time of issue or is due to the construction of the building;
what degree of work is necessary;
which repair technology is correct;
How a defect affects the usage and value of the property;
what costs are rational and necessary.

“There is simply a fungus on the wall” describes the effect. It does not answer the question whether the origin is leakage, defective insulation, thermal bridge, failure of installation or use. The developer will gladly choose the final version if the buyer does not prepare evidence for any other.

Don't destruct the evidence against its security. If the defect needs urgent repair, complete the documentation, consider examining the specialist, taking samples or seeking proof. After removing the layers of the terrace, it is much harder to show what they looked like before repair.

13. The most common arguments of the developer — and what they indicate

“Everything is within the norm”

Technical standards are important, but they do not exhaust the contract. The location should correspond to the design, intended, standard and circumstantial provision of the developer. The specified rejection of the standard number does not complete the analysis, especially if it is not known whether the applicable standard, the appropriate measurement method and the applicable version of the paper are referred to.

"You signed the minutes without comment"

This does not mean automatic waiver of claims for defects hidden or revealed later. However, it may make the evidence worse. The answer should not be an outraged email, but a material showing the date of disclosure and the method origin of the defect.

“It is the subcontractor’s fault”

For the buyer, the organization to the contract is the developer. The work for the individual entrusted with the performance of the undertaking is derived from Article 474 k.c. Any possible regression towards the subcontractor is the organizational problem of the developer, not the fresh hobby of the owner of the apartment.^[2]

‘The warrant has already passed’

The expiry of the warrant does not automatically mean termination of the warranty or compensation claims. Each of these bases has its own scope and deadlines.

“You did not spend your money on repairs, so there is no harm”

This is an argument that needs to be taken seriously today, especially after the resolution of III CZP 25/25 on works contracts. However, it is not a universal answer to all case of the purchaser of the premises. The kind of contract, the form of the damage, the failure of value and whether and what costs have become essential must be determined.

14. Fighting the developer step by step

Step 1: safe the location

Take pictures, recordings and measurements. If there is simply a serious defect, order a method inspection before covering or repairing the item.

Step 2: establish the legal basis

Check the phase of the investment, date of contracts, receipt and transfer of ownership. find whether you operate in the improvement bill procedure, with guarantees, guarantees, contractual liability or on respective grounds simultaneously.

Step 3: Identify the method cause

Not all scratch is simply a structural flaw and not all leak is due to user fault. Data are needed, not the intuition of the hotline individual or the buyer.

Step 4: choice a circumstantial request

Determine whether the intent is to repair effectively, money corresponding to the value reduction, repair further harm or terminate the contract.

Step 5: Send a precise call

Indicate the facts, evidence, basis for the request, deadline and consequences of failure to execute. Prejudice doesn't should be long. It should be accurate.

Step 6: Watch the time limits

Separately number the terms of the improvement bill, guarantees and damages. Complaint correspondence does not always safe their running.

Step 7: negociate or prepare a lawsuit

The settlement makes sense erstwhile it actually removes the defect or compensates the damage. Another message that “the squad will contact next week” is usually a continuation of correspondence alternatively than a settlement.

15. Most common questions about a dispute with a developer

Is it possible to get compensation from the developer for flat defects?

Yes, if the defect constitutes an improper performance of the contract and has caused an identifiable injury. The infringement of the undertaking, the form and the amount of the injury and the causal link must be demonstrated.

How much is the developer's compensation for faults?

There is no statutory price list. The amount depends on the kind of damage: costs incurred, impairments, replacement premises, rent failure or another consequences. The estimation of planned work does not always find the amount of compensation.

Can a defect not in the receipt protocol be reported later?

Yeah. The deficiency of an entry does not automatically disable claims, but may make it hard to command erstwhile the defect existed and what it resulted from. The defect should be reported immediately and well documented.

Can you refuse to receive an flat due to faults?

The statutory refusal to accept is linked to the material defect and to the procedure of Article 41 of the improvement Act. At first reception, it is besides crucial that the developer refuses to admit a crucial defect in the protocol.

Does the developer always have 30 days to repair?

The period of 30 days shall relate to recognised defects in the reception procedure and shall run from the signature of the Protocol. The law allows for another legitimate period which cannot origin undue inconvenience. After further inactivity, the buyer may set an additional period.

Can the housing community sue the developer?

It can claim its own claims, and the owners’ claims related to the defects of common property — on the basis of effective transfer agreements. The resolution of the community itself is not always enough.

After 5 years, can you go against the developer?

Sometimes. The five-year period concerns the uncovering of a property defect within the warranty framework. Compensation claims have separate limitation rules. It is essential to analyse the date of issue, disclosure of defects, claim submission, due diligence and buyer status.

Can the cost of a private method opinion be recovered?

It may form part of the harm if the assessment was reasonable, deliberate and essential to find the reasons for the defects, the amount of harm or the claim. However, this is not an automatic return in all case.

You request to analyse the dispute with the developer?

A decently prepared call does not execute miracles. However, it allows you to name a appropriate claim, safe deadlines, organize evidence and prepare the case so as not to start the process by fixing earlier errors.

In the Chancellery we analyse contracts, reception protocols, method opinions and correspondence; we conduct negotiations, prepare calls and represent local buyers and housing communities in court proceedings.

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Call: 509 259 434