The handover of a new-build apartment from a developer (odbiór mieszkania) is a statutory procedure under art. 41 of the Polish developer act, not a courtesy viewing: it happens once the occupancy permit is final, in your presence, and ends with a protocol into which you enter defects — and from the day that protocol is signed the developer has 14 days to accept the defects or refuse them with reasons (silence counts as acceptance) and 30 days to fix them. The basis is the Act of 20 May 2021 on the protection of the rights of buyers of residential units and single-family houses and on the Developer Guarantee Fund, consolidated text Dz. U. 2026 poz. 880. The printable checklist is above and reproduced in full below.
Disclaimer: this is informational and is neither legal advice nor a technical opinion. The law is described as at 28.08.2026. We do not sell handover inspections — if you want a licensed surveyor, hire a specialist firm.
What the technical handover looks like
The act sets a rigid sequence, and any contract term less favourable to the buyer than these provisions is void (art. 42). A developer may neither cap the time you spend inspecting nor stipulate that defects are reported “only within 3 days on our form”.
- Precondition. Handover follows the occupancy permit becoming final (art. 41 ust. 1). Ask for the permit number and date before you travel.
- Notification. The deadline and manner of notifying you, and the handover date itself, must be in the contract (art. 35 ust. 1 pkt 17). Do not ignore summonses: after two written summonses at least 60 days apart and your non-appearance the developer may withdraw from the contract — unless your non-appearance was caused by force majeure (siła wyższa, art. 43 ust. 8). The act does not list what counts, so document any obstacle (illness, an accident, a closed border) and report it in writing straight away rather than after the fact.
- Inspection in your presence (art. 41 ust. 2). You may bring anyone — an inspector, an interpreter, a builder friend.
- The protocol (art. 41 ust. 3) is the only document that counts. It also records a refusal of handover for a material defect and whether the developer accepted that defect or refused to.
- 14 days to reply (ust. 4): acceptance of the defects, or a refusal with reasons, on paper or another durable medium. No reply in time and the defects are deemed accepted (ust. 5).
- 30 days to remove the accepted defects, again from the date of the protocol (ust. 6).
- Slippage. If the developer, despite due diligence, cannot make it, they set a new date with reasons, and that date may not cause you excessive inconvenience (ust. 7). If they set none or miss it, you set a deadline and, once it lapses, may have the defects fixed at the developer’s cost (ust. 8).
| Event | Deadline | Basis |
|---|---|---|
| Acceptance of defects, or refusal with reasons | 14 days from signing the protocol | art. 41 ust. 4 |
| No reply within that period | defects deemed accepted by law | art. 41 ust. 5 |
| Removal of accepted defects | 30 days from signing the protocol | art. 41 ust. 6 |
| Deadline set by the buyer → repair at the developer’s cost | after it lapses without effect | art. 41 ust. 8 |
| Application for a surveyor’s opinion after a second refusal | one month from the refusal | art. 41 ust. 13 |
| Defects reported after the protocol but before the deed | 14 and 30 days from the report | art. 41 ust. 19 |
That last row is the most underused: the handover is not your last chance. A defect spotted between the protocol and the day of the notarial deed is reported in an ordinary letter, and the whole ust. 4–8 machinery restarts from the day of the report (art. 41 ust. 19).
The handover checklist — printable
The list below is practical, not legal: the act says you may report defects but not where to look for them. Print it with the “Print the checklist” button at the top of the page — only the checklist goes on paper — and tick the ☐ boxes on the spot.
APARTMENT HANDOVER CHECKLIST — KRAKÓW
Informational material, as at 28.08.2026. Not legal advice and not a technical opinion. Procedure and deadlines: art. 41 of the Polish developer act (consolidated text Dz. U. 2026 poz. 880). krakowinvest.pl
Address: [__________] · Development: [__________] · Date and time of handover: [__________]
1. What to bring
- ☐ umowa deweloperska + prospectus with annexes (unit plan, finishing standard)
- ☐ passport or ID; a power of attorney if someone attends for you
- ☐ laser measure or a 5 m tape, spirit level (60 cm or longer), set square
- ☐ voltage tester / phone charger, torch, step ladder or stool
- ☐ a sheet of paper (window seal test), a lighter or tissue paper (ventilation test)
- ☐ moisture meter if you have one; thermal camera if an inspector is coming
- ☐ phone with camera, power bank, this printout and a pen
2. Documents to check on site
- ☐ number and date of the occupancy permit — handover is only possible once it is final (art. 41 ust. 1)
- ☐ the protocol form — is there room to write defects, and is there no “no remarks” declaration
- ☐ the building’s energy performance certificate
- ☐ manuals and warranty cards for equipment (heat recovery unit, boiler, water meters)
- ☐ house rules and manager’s details, access arrangements for common parts
3. Floor area and geometry
- ☐ measure the usable floor area and compare with the contract; check the measurement method stated in the contract (art. 35 ust. 1 pkt 15) — without it the comparison is worthless
- ☐ ceiling height at several points
- ☐ right angles in corners, walls plumb (level against the wall: the gap)
- ☐ layout matches the plan in the prospectus (art. 35 ust. 1 pkt 6)
- ☐ area discrepancy:
[__________]m² — enter it in the protocol and demand a written explanation
4. Walls, ceilings, screed
- ☐ cracks, missing plaster, water stains; ceiling under the window and by the risers
- ☐ wall flatness against the level (waves, bulges at corners)
- ☐ screed: cracks, debonding (tap it — a hollow sound means a void), level at doorways
- ☐ moisture in screed and walls — note the readings
- ☐ service penetrations through walls — capped and sealed
5. Windows, sills, doors
- ☐ glazing free of scratches (look at an angle, in side light)
- ☐ frames undented, seals continuous; paper test: a sheet closed in the window should not pull out
- ☐ every sash opens and tilts without catching; handles, trickle position
- ☐ external sills sloped away from the window, internal sills without play
- ☐ front door: class, locks, spyhole, threshold, gap under the leaf
- ☐ balcony door: threshold sealing, drainage
6. Installations
- ☐ electrics: every socket under the tester, switches, labelled consumer unit, circuit count per design
- ☐ lighting points and outlets where the plan says they are
- ☐ water: isolating valves, no leaks at connections, pressure
- ☐ drainage: capped outlets, traps, no smell
- ☐ heating: radiators in place, thermostatic valves, heat meter / allocators
- ☐ gas (if any) and the cooker position
- ☐ low voltage: internet, entryphone, TV — sockets and their locations
7. Ventilation and damp
- ☐ every extract grille: tissue paper test — the sheet should stick to the grille
- ☐ trickle vents in windows or walls (natural ventilation does not work without them)
- ☐ heat recovery: filters, controller, airflow in each room
- ☐ damp marks in external corners, at windows and on the top floor
8. Balcony, loggia, terrace, garden
- ☐ floor falls away from the building, drainage works, no standing water
- ☐ flashings, door threshold sealing
- ☐ balustrade: fixings, height, no movement
- ☐ garden: fence, topsoil, access — as per contract
9. Storage unit, parking space, common parts
- ☐ storage unit: number as per contract, dimensions, door, light, damp
- ☐ parking space: number, dimensions and columns — does the car actually fit and can you open the doors
- ☐ garage: gate, remote, ventilation, drainage
- ☐ stairwell, lift, lobby, pram access — defects in common parts are reported by the community, but record them for yourself
10. Meters — write down the readings
- ☐ electricity: no.
[__________]reading[__________] - ☐ cold water: no.
[__________]reading[__________] - ☐ hot water: no.
[__________]reading[__________] - ☐ heat / allocators: no.
[__________]reading[__________] - ☐ gas (if any): no.
[__________]reading[__________] - ☐ photograph of every meter with the serial number legible
11. Documenting defects
- ☐ photograph each defect with a tape or level in shot, plus a wide shot of the room
- ☐ a short walk-through video of the whole flat with a spoken commentary
- ☐ each defect in the protocol: room + element + what is wrong + dimension
- ☐ for a serious defect — state that you regard it as a material defect (wada istotna) and have the developer’s position recorded (art. 41 ust. 3)
12. Before you sign the protocol
- ☐ read the whole protocol and check that all your remarks are in it
- ☐ add anything missing by hand before you sign
- ☐ strike out any “I have no remarks” wording if you do have remarks
- ☐ enter the date — the 14 and 30 days run from it (art. 41 ust. 4 and 6)
- ☐ take your signed copy with you
- ☐ if you refuse handover for a material defect, make sure the refusal and the developer’s position are recorded (art. 41 ust. 3 and 9)
Informational checklist — not legal advice. krakowinvest.pl
What it costs
The handover itself is free — it is the developer’s statutory duty (art. 41 ust. 1). Only a private inspector costs money, and those rates are not regulated. “From” prices from published price lists, checked on 28.08.2026:
| Scope | “From” price | Source |
|---|---|---|
| Flat up to 60 m² | from PLN 149 | pewnylokal.pl price list |
| Flat up to 100 m² | from PLN 399 | pewnylokal.pl price list |
| Flat up to 200 m² | from PLN 499 | pewnylokal.pl price list |
| Entry price regardless of size | from PLN 399 | bezpiecznykwadrat.pl |
They are genuinely “from” prices: travel, a thermal camera, moisture readings and a repeat visit are usually billed separately, so the real bill for a 45–70 m² Kraków flat lands at around PLN 300–600. Prices change without notice — treat these as an order of magnitude for August 2026, not an offer. We do not sell this service.
An inspector pays for itself on a first purchase, on a remote purchase, on the ground or top floor (damp, cold bridging) and whenever you expect a fight. A separate cost only arises in a dispute over a material defect: the surveyor’s opinion is paid for by whoever loses that dispute (art. 41 ust. 16 and 17), settled no later than on the day of the transfer deed or the day of withdrawal (ust. 18).
Material defects and refusing the handover
The act does not define a material defect (wada istotna). In practice it is one that makes the flat unusable for its purpose: no working ventilation, water ingress, dangerous electrics, structural cracking, a grossly smaller floor area. A scratched pane or a crooked sill is a minor defect — fixed under ust. 4–8, but no ground to refuse.
- Refusal is possible only where the defect is material and the developer simultaneously refuses to accept it in the protocol (ust. 9). If they do accept it, you take the flat, and once the repair deadline lapses without effect you may withdraw from the contract (ust. 11).
- Refusal does not interrupt your own route to withdrawing for delay. If the developer fails to transfer title by the contractual date, before withdrawing you must first give them an extra 120-day period to do it (art. 43 ust. 3, read with ust. 1 pkt 6) — and refusing the handover does not affect how that period runs (art. 41 ust. 10). In other words, refusing does not cost you or freeze the delay-based right to withdraw; the one exception is the suspension while you wait for the surveyor’s opinion (ust. 14).
- Repeat handover — the parties agree a new date and ust. 2–9 apply (ust. 12).
- The surveyor. Refusing at the repeat handover requires a construction surveyor’s opinion, and you must apply for it within one month of the refusal (ust. 13); the art. 43 ust. 3 clock is suspended until you produce it (ust. 14).
- If the surveyor confirms a material defect you may withdraw from the contract (ust. 15 and art. 43 ust. 1 pkt 11) and the developer bears the full cost of the opinion (ust. 17). If not, you bear it in full (ust. 16).
If the developer refuses to sign the protocol or to record your defects: write your remarks in by hand and sign with a note that the developer’s representative refused to accept them; photograph the document and the flat; and the same day send the identical list by e-mail and by registered post — that gives you a date of report, from which the ust. 4 and 6 deadlines run anyway under ust. 19. Do not refuse the handover over minor defects: that is not a ground under ust. 9, and failing to attend twice — absent force majeure — lets the developer withdraw (art. 43 ust. 8).
After the handover: rękojmia and warranty
Diarise the two dates (14 and 30 days), take over the meters and sign utility contracts, register with the manager, report in writing any defect found before the notarial deed (ust. 19), then sign the transfer deed and file for the land register entry — costs and sequence are in our guide on taxes and the notary.
Since 9 September 2025 art. 41a has been in force (added by the Act of 9 July 2025, Dz. U. 2025 poz. 1167): in everything art. 41 does not regulate, the developer’s liability for physical and legal defects follows the Civil Code rules on rękojmia.
| Right | Content | Basis |
|---|---|---|
| Rękojmia period for physical defects of real property | defect discovered within 5 years of delivery | art. 568 § 1 CC |
| Limitation of the claim to have a defect removed | one year from discovery; for a consumer it cannot expire before the period in § 1 | art. 568 § 2 CC |
| Presumption in the consumer’s favour | a defect found within one year of delivery is presumed to have existed at delivery | art. 556² CC |
| Seller’s silence on a consumer’s demand | no response within 14 days = the demand is deemed justified | art. 561⁵ CC |
| Warranty (voluntary, alongside rękojmia) | if no other period is stated — 2 years from delivery | art. 577 § 4 CC |
A developer’s warranty is a voluntary statement and does not cut down rękojmia. For the first year the burden of proof sits with the developer (art. 556² CC); after that it flips — which is why the photo archive from handover day eventually matters more than the protocol itself.
Kraków specifics
Three things recur here more than elsewhere. Floor area and roof slopes: infill schemes in Podgórze, Zabłocie and Krowodrza produce awkward geometry, and the measurement method must be stated in the contract (art. 35 ust. 1 pkt 15) — check it before the handover, because it decides whether sloping ceilings count at all. Damp near the Vistula: ground-floor units in the riverside belt are the first place to use a moisture meter and, if you are paying for an inspector, a thermal camera. Conservation constraints in the Old Town and Kazimierz: some solutions are dictated by heritage approvals, but anything that departs from the prospectus is still a defect.
Construction stages of individual schemes are in our review of new developments in Kraków, and the districts with price-per-m² data in the district guide. If you buy with us, reviewing the developer contract before the notary and attending the handover are part of our support — the developer pays our commission, so the buyer pays nothing. That does not replace a licensed surveyor, and we do not pretend it does.
FAQ
How do you properly take over an apartment? In daylight, with the contract, the prospectus and tools, allowing at least ninety minutes, working through the checklist, measuring the floor area and recording the meters; sign the protocol only once every remark is in it.
How much does it cost? The handover, nothing. An inspector runs from about PLN 149 (up to 60 m², pewnylokal.pl price list, 28.08.2026) to about PLN 500 for large units; realistically PLN 300–600 for a 45–70 m² Kraków flat.
What does the technical handover look like? After the occupancy permit is final, in your presence, with a protocol. Then 14 days for the developer to accept or refuse with reasons (silence = acceptance) and 30 days to fix the accepted defects.
What do you have to do afterwards? Hold the 14 and 30-day deadlines, take over the meters and utilities, register with the manager, report defects in writing before the notarial deed (art. 41 ust. 19), sign the deed and file for the land register. Rękojmia for physical defects of real property runs for five years from delivery.
Related reading: the developer contract — what to check before signing · the Polish developer act · new developments in Kraków · taxes and the notary
Yuri Kan — Founder, KrakowInvestThis material is for information only and is not legal, tax, financial or investment advice. Figures are indicative as of the publication date. Consult licensed professionals before making decisions. →