New flat handover in Poland (odbiór): checklist and rights

Before the notary transfers ownership, the developer must hand the flat over to you at an inspection (odbiór). You write every defect into the handover protocol. The developer then has 14 days to accept or refuse them in writing, and 30 days from signing to fix the accepted ones. If it says nothing within 14 days, the defects count as accepted. If the flat has a material defect that the developer will not acknowledge, you can refuse the handover.

These rules come from the Developer Act and apply to every development agreement. A clause that gives you less than the Act is void, and the Act applies instead.

When does the handover take place?

After the decision allowing the building to be used (pozwolenie na użytkowanie) becomes final, and before the deed that transfers ownership to you. The development agreement must state how and when the developer will notify you and the date of the handover.

The Act says the handover takes place in your presence. If you cannot come, ask the developer and a lawyer in advance whether a representative with a power of attorney can attend for you. Do not simply stay away: if you fail to come to the handover or to the deed after two written notices sent at least 60 days apart, the developer may withdraw from the agreement, unless force majeure kept you away.

What happens to the defects you record?

Defects you notice after the handover but before the deed can be reported to the developer too. The same rules apply, with the 14- and 30-day periods counted from your report.

Can you refuse to accept the flat?

Yes, but only for a material defect (wada istotna) that the developer refuses to acknowledge in the protocol. The Act does not define a material defect. Think of something that prevents normal use of the flat, not a scratched door. If you are unsure, ask a building expert before you refuse.

What happens next:

1. Repeat handover. You and the developer agree a new date that lets it remove the defect first.
2. Refusing again needs an expert. To refuse at the repeat handover, you must present an opinion from a building expert (rzeczoznawca budowlany). You must request the opinion within a month of the refusal.
3. Who pays the expert. If the expert finds no material defect, you pay for the opinion. If the expert confirms it, the developer pays. The costs are settled by the deed date at the latest.
4. Withdrawal. If the expert confirms a material defect, you may withdraw from the agreement. You may also withdraw if the developer acknowledged a material defect but did not remove it by the deadline.

Refusing the handover does not stop the 120-day deadline you can set the developer for transferring ownership. That deadline is paused only while you wait for the expert’s opinion at the repeat handover. After a withdrawal, the developer must return the money paid out to it from the escrow account within 30 days. Our guide to escrow accounts explains when the Developer Guarantee Fund pays instead.

Handover checklist

Bring the development agreement with the floor plan and the finishing standard, a laser distance meter or tape measure, a two-metre spirit level, a torch, a phone charger to test sockets, and your phone for photos. Some buyers also bring an independent inspector. The Act does not require one, and the fee is yours.

1. Documents. Compare the flat number, floor plan and finishing standard with the agreement. The agreement must describe the area, the layout and the scope of finishing the developer committed to.
2. Area. Measure the rooms. The price is the area multiplied by the price per square metre, and the agreement must say how the area is measured. If the measured area differs from the agreement, check what the agreement says about adjusting the price.
3. Walls, ceilings and floor screed. Look for cracks, damp patches and uneven surfaces. Check flatness with the spirit level.
4. Windows and balcony doors. Open, tilt and close each one. Check the seals, glass, sills, balcony railing and drainage.
5. Entrance door. Check the lock, all keys, the frame and the door’s finish.
6. Electrics. Test every socket and switch. Check that the distribution board is labelled and that the intercom works.
7. Water, heating and ventilation. Run the water, check the drains, radiators or underfloor heating, and that the ventilation grilles draw air.
8. Meters. Write the readings of all meters into the protocol.
9. Extras in the agreement. Inspect the storage room, parking space and garden or terrace if they are part of the purchase.

Describe each defect precisely, with the room and location, and take dated photos. Sign the protocol only once it lists everything, and keep a copy signed by both sides.

What protects you after the deed?

The developer is liable for physical defects found within five years of the handover (rękojmia). Since 9 September 2025, the Developer Act says expressly that the Civil Code rules on rękojmia apply to developers. For a consumer, this liability cannot be limited or excluded. You can ask for a repair or a replacement, a lower price or, for a defect that is not minor, withdraw from the agreement. Report each defect in writing as soon as you find it and keep a copy.

How this relates to Havkey

Havkey’s trust levels cover checks made before you buy: the developer’s registers, the land register, the building permit and, at the top level, a dated site visit. We do not inspect individual flats at the handover. What each level covers is in how Havkey verifies developers and projects. If you are still choosing between a new and a resale flat, see new build or resale.