7. Developer warranty: what does it cover and how long does it last?

In case of real estate transactions at the primary market, the regulations oblige the developer to provide the Buyer with legal protection in the event of physical defects of the real estate. Its obligatory element is a 5-year guarantee (PL: ‘rękojmia’), which, however, does not have to be the only tool that the Buyer can use. As a supplement to the protection against technical defects of the premises, many developers offer Buyers an additional tool in the form of a warranty (PL: ‘gwarancja’).

The provision about this additional protection should be included in the developer agreement and contain information about the warranty period, its scope and any limitations. If the warranty period is not specified in the contract, it is assumed to take two years.

The warranty may apply to the whole apartment, its specific part, or cover only selected elements that will be specified in the contract.

It is worth remembering that the limitation of the warranty usually applies to interference with the substance of the building or existing installations – so any modifications will be associated with the risk of losing the protection. Also in a situation when the finishing works of the premises are carried out contrary to the art of construction and the principles of technical knowledge, or if they are carried out with the use of finishing or construction materials with incorrect properties, the warranty protection will most likely not apply.

If the Buyer wishes to either obtain compensation for the disclosure of physical defects in the premises or to have them removed at the developer’s expense, the Buyer may decide which of the two available tools – warranty or guarantee (obligatory) – he would like to refer to.

As the warranty is not a mandatory mean of protection, as a voluntary obligation of the developer, it undoubtedly increases the customer’s sense of security as to the technical condition of the property and proves the liability for the subject of the contract, which the developer assumes in case of revealing physical defects of the premises.