For buyers
Taking delivery of a flat from a developer: what to check and what to record
Handover is the one moment when you have the upper hand: until the protocol is signed, the developer wants it closed. Once you sign with no remarks, the same defect stops being a condition of handover and becomes a warranty claim — with deadlines, letters and your burden of proof.
Legal status as of October 8, 2026
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What to bring
- The development contract and the information prospectus — they state the standard that was promised. An argument about what was meant to be is settled by that paper, not by memory.
- A spirit level at least two metres long, or a laser — there is no other way to prove out-of-true walls and floors.
- A tape measure and a set square — floor area and right angles are the two commonest discrepancies.
- A moisture meter if you take delivery in winter or just after plastering.
- A charger with a plug and a simple lamp, to test every single socket.
- A phone with a torch and camera — every defect gets photographed together with where it is.
- Someone to come with you: one measures, the other writes. Alone, you cannot do both well in two hours.
How handover works
- 01
Notice and the date
The developer gives notice of readiness once the occupancy permit is granted. The date can be moved — if you cannot attend in person, postpone rather than send someone with no power of attorney and no idea what was promised.
Handover without an occupancy permit is a warning sign. Ask for the decision number before you travel.
- 02
Measuring the floor area
The area in the contract is checked on site, because the price depends on it. Differences of a few tenths of a square metre are normal; the contract usually states what happens above a threshold — and that clause is worth knowing BEFORE you measure.
Measure wall-to-wall at about a metre's height. Measuring at floor level understates the result by the thickness of the plaster.
- 03
Going through it point by point
Walls and ceilings for plumb and flatness, floors for level, windows for opening, closing and scratches, doors, sills, services: every socket, every light point, valves, ventilation, meters.
Ventilation is tested with a sheet of paper held to the grille — it should stay there. The test is free; the defect it reveals is expensive.
- 04
The protocol
Everything found goes into the handover protocol, down to small things. Both parties sign it and you get a copy. This is the document the deadlines run from.
Do not sign a protocol saying 'defects will be remedied' without listing them. The list has to be specific: what, where, how big.
- 05
The developer's answer: 14 days
The developer has 14 days to state whether the defects are acknowledged. Silence within that period counts as acknowledgement — a provision that works in your favour and is worth knowing.
Count the days from the protocol date and note it separately. The clock runs whether or not anyone has called you.
- 06
Remedy: 30 days
Acknowledged defects are remedied within 30 days of the protocol. If the developer cannot manage it, they must give a new date and justify the delay.
If the deadline passes without result, the buyer may have the defects remedied at the developer's cost. A last resort, but the mere possibility changes the tone of the conversation.
- 07
Re-inspection and keys
Once the defects are fixed there is a check of those specific points. Only then the deed transferring ownership, the keys and the meter readings.
Write the meter readings into the handover record, do not merely remember them. The first bill covers a period when the flat was not yet yours.
A material defect: the only ground to refuse handover
The statute distinguishes ordinary defects from a material defect. With a material defect you may refuse handover altogether — a powerful tool, because it suspends the whole procedure until the repair is done.
The statute gives no closed list of what counts as material. In practice it is whatever prevents the flat from being used as intended: no ventilation, services that do not work, water ingress, a window that will not close, a gross discrepancy in floor area.
The developer may dispute that a defect is material — the route then runs through a building expert's opinion. So a decision to refuse handover should be deliberate and described in the protocol concretely, not emotionally.
An ordinary defect does not justify refusal. A scratch on the glass or uneven plaster go into the protocol and the 30-day clock; refusing handover over them will turn against you.
What gets measured, not looked at
Plumb and flatness of walls: a two-metre level applied in several places. Permissible tolerances are set in the technical regulations and for plaster are counted in millimetres per metre — 'looks straight' is not a criterion in a dispute.
Floor level: the same level across the diagonals of the room. A slope only shows when the flooring goes down, which is after the protocol is signed.
Right angles: a set square in the corners. An out-of-square corner may be within tolerance, but with fitted furniture it costs real money.
Floor area: with the tape, wall to wall. It is the only item that converts directly into price.
Moisture: a meter at walls and in corners. Fresh plaster in winter can read high and be normal six months later — but damp from a leak will not go away.
What you cannot see without trying it
Every socket is tested with a charger, every light point with a bulb. Explaining a year later that it was probably like that from the start does not work.
Windows are opened and closed in every handle position, including the vent position. Check that the sash does not catch and that the seals meet.
The front door: the lock on all bolts, the rebate, the threshold. Replacing a door after handover is a separate battle.
Gravity ventilation: a sheet of paper at the grille. If it does not hold, it goes into the protocol and is taken seriously — this is a candidate for a material defect.
Water: open the valves, check the drains and the joints for drips. In a bare shell there are no fittings, but there are valves and drains.
Statutory warranty: what remains after handover
Signing the protocol and taking the keys does not end the developer's liability. Under the statutory warranty they answer for defects in the property for five years from delivery.
The difference is in burden and timing: in the handover procedure you have statutory 14 and 30 days, and the developer has an interest in closing the matter. Under the warranty you report in writing, wait, and in a dispute prove the defect existed at delivery.
Hence a simple rule: everything visible on handover day belongs in the protocol. The warranty is for what could not be seen then — a floor cracking after the heating season, a corner that freezes through.
Is it worth bringing a professional
A handover with an engineer typically costs a few hundred zloty and takes two to three hours. Against a flat costing several hundred thousand, that is not a proportion worth debating — particularly as the protocol they write is in the language the conversation with the developer will then be conducted in.
A professional has one less obvious advantage: no emotional stake. A buyer who has waited a year for the keys wants to take the flat, not hunt for holes in it — and that is exactly the mood in which protocols get signed with no remarks.
If you go alone, book the first slot of the day and plan nothing after it. A handover done in half an hour because someone is waiting is a handover that did not happen.
Frequently asked questions
How long does the developer have to fix defects?
30 days from the protocol for defects they acknowledged. If they cannot manage it, they must give a new date and justify the delay. Once the deadline passes without result, the buyer may have the work done at the developer's cost.
What if the developer does not respond to the protocol?
They have 14 days to state whether the defects are acknowledged. Silence within that period counts as acknowledgement — the provision works in the buyer's favour.
Can I refuse handover?
Yes, but only for a material defect — one that prevents the flat being used as intended. For ordinary defects a refusal will turn against you; those go into the protocol and the 30-day clock.
Do I have to sign the protocol the same day?
The protocol is drawn up during the handover and the deadlines run from its date. But do not sign it with a vague 'defects will be remedied' — the list must name specific defects and where they are.
What if the floor area differs from the contract?
The contract usually sets a tolerance and the consequence of exceeding it — a surcharge, a refund or a right to withdraw. Check that clause before handover and measure with a tape on site, not from the floor plan.
What does a handover engineer cost?
Usually a few hundred zloty for two to three hours. Against the price of the flat that is a fraction of a per cent, and a protocol written in professional language changes how the conversation with the developer goes.
What remains after handover?
The statutory warranty — the developer answers for defects in the property for five years from delivery. But everything visible on the day belongs in the protocol: the warranty is for defects that appear later.
Can I bring someone with me?
Yes, and you should. One measures, the other writes — alone you cannot do both well in two hours. If someone attends instead of you, they need a power of attorney.
This text describes the legal position as of the date above and is informational — it does not replace legal advice on a specific case. If your situation differs from the one described, write to us or consult a lawyer.
See also
Still have a question?
Write to us — we answer specific questions specifically, even if you are not looking for a flat yet.
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