Removal of defects in the flat by the developer

Defects do not only appear in so-called second-hand dwellings. This also happens with new flats - purchased directly from the developer. Houses, flats and sometimes entire housing estates built by developers are not free of defects. Some can be spotted immediately during the finishing work, others only during the furnishing of the flat.

Some appear quickly, others only after many months. Clogged drains, cracked walls, defectively inserted windows or doors are just some of them. Some "only" detract from the aesthetics of the dwelling, while others, more serious, effectively prevent its use.

Developer's liability for physical defects is the case, e.g., when the property: has a defect reducing its value or usability resulting from an error in the construction works, does not have the properties that the developer assured it would have (e.g. the flat is deprived of sunlight or the view from it is different than the one guaranteed), is not fit for the purpose the buyer intended when concluding the agreement, of which the developer was informed at that time and did not make a reservation as to such a purpose of the flat, or the property was delivered to the buyer in an incomplete condition.

Legal defects are, on the other hand, any deviations from the legal status of the property declared in the contract. These may consist of encumbrance of the property with third-party rights, such as a mortgage or an easement, or a situation where the developer sells a property that he does not own.

A warranty is an extensive institution that protects buyers, under which they have several different claims, which may be used interchangeably in certain cases.

If, at the time the acceptance protocol is drawn up, defects in the property are perceived, they must be reported to this protocol. The developer is then obliged to respond by submitting a statement to the purchaser acknowledging these defects or refusing to acknowledge them, stating why he is challenging them. The acknowledged defects must be rectified at his own expense within a specified period.

If, on the other hand, defects are noticed after the signature of the acceptance protocol, they must be notified to the developer in writing, which will include a list of defects and a demand for their removal. If the developer fails to do so or initiates a dispute as to when the defect arose, the purchaser is left with a court route to pursue the claim.

Purchasers who have entered into a development agreement before the as of 25 December 2014. or have purchased a completed property by that date, are entitled to a 3-year, rather than 5-year, developer's warranty. This is a consequence of the fact that in on 25 December 2014. the law came into force of 30 May 2014 on consumer rights, which significantly modified the rules governing consumer sales, including the issue of warranty claims.

Experienced specialists from law firms They are excellent at recognising the situation and preparing the paperwork so that the removal of construction defects goes in their clients' favour. It is also worth taking advantage of their assistance before dispute with the developer will take a judicial form.