In connection with the amendment of the developer’s rationing, the legislator has introduced significant changes to the subject of the act of technical acceptance of residential premises or a detached house and the rights of the purchaser.
Pursuant to the wording of Article 41(9) of the new Developer’s Act, the purchaser is entitled to refuse acceptance of residential premises or a detached house in the enumeratively indicated cases (cumulative prerequisites):
(i) residential premises or a detached house have a material defect,
(ii) the developer has refused to recognise the aforementioned defect by entering it in the acceptance report.
*The new Development Act uses the concept of a ‘material defect’, but does not create a definition of it – in principle, it should be a defect so material that it prevents the use of the premises in a manner consistent with its previous purpose (functional criterion).
3 November 2023
