A developer's liability for defects in a flat

Did you buy a property on the primary market, only to find that not everything was finished as it should be? Have unexpected defects appeared in the building? Find out what a developer's liability for defects in a flat is and where to report the faults you have noticed.

What is the statutory warranty?

The statutory warranty for building defects (rękojmia) is the liability of the person who sold a property towards the buyer if the property has a legal or physical defect. Rights under the statutory warranty arise upon the conclusion of the sale agreement. A guarantee is something entirely different. It may be given voluntarily by the seller, for example a developer. Rights connected with a guarantee are independent of the statutory warranty. If the guarantee period expires, you can still bring claims arising from the statutory warranty. However, the developer's liability is limited in time. Under the Civil Code, the seller is liable under the statutory warranty where the defect is found within five years of the property being handed over to the buyer. If a defect is noticed and the seller is unable to repair it, you can declare a reduction in the price of the property or withdraw from the agreement. The reduction in the price of the flat on account of the statutory warranty for building defects must correspond to the value of the repairs needed to restore it to proper condition. Imperfections of various kinds can be reported, for example: cracks in walls, leaking windows, structural defects.

Defects in the common parts of the property

This is where the most questions arise. We often do not know where to report defects in the common parts of a building. Many people think they should be reported to the building administration. The flat we buy comes together with a share in the common property. It follows that faults in the common parts are also defects in the object of the sale. Nothing changes here.

READ ALSO – WHAT HAPPENS IF A DEVELOPER GOES BANKRUPT?

A developer's liability for defects in a flat – changes in the law

We would like to stress that significant changes to the regulations governing sales involving consumers came into force on 25 December 2014. They are favourable to consumers. It was then that the statutory warranty period for physical and legal defects of residential premises and land was extended to five years. For properties bought earlier, the period is only three years.

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