How Long Does a Developer Have to Fix a Defect? Legal Basis

The deadlines for repairs are regulated by the Polish Development Act and the warranty provisions contained in the Polish Civil Code. Under current regulations, once a defect has been reported, the developer has 30 days to remedy it. This period is calculated from the date the written notification is delivered to the developer. It is worth understanding this rule before signing the handover report and proceeding with the next steps.

If you are wondering how long a developer's warranty remains valid, the answer depends on the type of legal protection involved. The statutory warranty period (rękojmia) lasts for five years and covers physical defects in the building. A voluntary warranty offered by the developer may last for a shorter or longer period depending on the contractual provisions.

If repairing the defect within 30 days is impossible due to its complexity, the developer must inform you in writing and provide a realistic and justified timeframe for the repair. Failure to provide such information constitutes a breach of your rights as a buyer. In addition, the developer must demonstrate that the delay results from circumstances beyond their control.

What Is the Procedure for Reporting Defects to a Developer?

The defect reporting procedure is not complicated, but it does require compliance with several rules. Every report should be submitted in writing. Informing the developer about defects verbally has no legal effect and cannot serve as a basis for enforcing repairs.

An effective defect report should include:

• a detailed description of the defect together with its location within the property,
• the date the issue was identified,
• photographic or video evidence,
• a request for repair based on the statutory warranty or contractual guarantee,
• the deadline by which you expect a response.

The notification should ideally be sent by registered mail with confirmation of receipt or delivered in person against acknowledgment. This provides proof of the date from which the developer's repair deadline begins to run.

Defects Identified at Handover vs Defects Found During Use

Defects can be identified at two stages: during the technical handover inspection or after moving into and using the property. Both situations are protected by law, although the procedures differ.

The technical handover inspection is the moment when you have the right to report any identified irregularities directly in the handover report. The developer is required to respond in writing to each defect recorded in the report within 14 days. They then have 30 days to rectify the issues.

Defects discovered during the use of the property are reported under the statutory warranty (rękojmia). This protection covers defects that become apparent after handover and remains valid for five years. The rule concerning how much time the developer has to fix defects remains the same: 30 days from delivery of the notification, with the possibility of an extension in justified circumstances provided the buyer is informed in advance.

Before deciding to purchase a property, it is also worth learning what questions to ask a developer when buying an apartment. Understanding contractual provisions regarding warranties and complaint procedures can save you many problems after receiving the keys.

Developer Repair Deadlines – What If They Are Not Met?

If the developer fails to meet the repair deadline, you have several options available. Most importantly, continue communicating in writing. Send a formal request for repair while setting a new and final deadline for completion.

If the developer still fails to act, you may:

• commission another contractor to carry out the repair at the developer's expense and seek reimbursement of the costs incurred,
• file a complaint with the Polish Office of Competition and Consumer Protection (UOKiK),
• bring the matter before a civil court or pursue mediation.
• In legal proceedings, the following documents are particularly important:
• the handover report listing the identified defects,
• correspondence with the developer,
• evidence confirming the delivery dates of notifications.

For this reason, it is advisable to retain copies of all documentation.

It is also worth understanding who a developer is from a legal perspective, as this directly determines the extent of their liability towards buyers. A developer is a professional entity engaged in carrying out construction projects and remains responsible for the quality of the delivered property throughout the statutory warranty period.

Examples of Defects a Developer Is Required to Repair

Not every imperfection qualifies as a defect under the law. Developers are responsible for physical defects that reduce the value or usability of the property or indicate non-compliance with the contract or construction standards.

The most commonly reported defects include:

• cracks and fractures in walls or ceilings,
• leaking windows and balcony doors,
• improper functioning of water supply and sewage systems,
• defects in electrical installations,
• uneven floors exceeding acceptable construction tolerances,
• dampness and leaks.

If a defect cannot be repaired or would require costs disproportionate to its significance, you may request a price reduction or, in the case of a material defect, withdraw from the contract entirely.

Looking for a new apartment from a trusted developer? Offers from:

• a developer in Gdańsk,
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can be found on our website. Every J.W. Construction development is delivered with a strong focus on build quality and comprehensive after-sales support.

FAQ – Frequently Asked Questions

How many days does a developer have to fix defects?

A developer has 30 days to repair a defect from the date a written notification is delivered. In justified circumstances, this period may be extended, but the developer must inform the buyer in writing before the original deadline expires.

What happens if the developer does not fix the defects?

If the developer fails to respond, you may commission another contractor to carry out the repair and seek reimbursement of the costs, file a complaint with UOKiK, or bring the case before the courts. It is important that every notification is submitted in writing and that proof of delivery is retained.

How long does a developer have to repair defects?

The standard repair period is 30 days from the delivery of the notification. This deadline applies both to defects identified during the technical handover inspection and to defects reported under the statutory warranty during the use of the property.