2023-11-03

Refusal of acceptance of a residential premises or a detached house by the purchaser

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

More
A. Sławińska, Urban development agreement 

Read more
A. Sławińska, Draft amendment to the Act on the protection of historical monuments 

Read more
A. Sławińska, Amendment of the regulation on technical conditions #StopPatodeweloperka 

Read more
A. Sławińska, Amendment of the Real Estate Management Act 

Read more
A. Sławińska, Purchase of your first property on the secondary market No tax on civil law transactions (hereinafter: ‘TCLT’) 

Read more
A. Sławińska, Streamlining the investment and construction process under the June 2023 amendment. 

Read more
A. Sławińska, Do the provisions of the new Development Law apply to the practice of so-called flipping, which is popular in the real estate market? 

Read more
A. Sławińska, Reservation fee in the reservation agreement of residential premises or a detached house 

Read more
A. Sławińska, New pre-emptive right – Revitalisation resolution 

Read more
A. Sławińska, 2% Safe Mortgage programme for the housing market (hereinafter: ‘Safe Mortgage’) 

Read more
A. Sławińska, Lex developer – amendment of 17 August 2023 

Read more
A. Sławińska, Urban register as an innovative planning reform tool 

Read more
A. Sławińska, Zoning fee 

Read more
A. Sławińska, Architects’ civil liability and public liability insurance 

Read more
A. Sławińska, Disciplinary, professional and criminal liability of architects 

Read more
A. Sławińska, Uniformity of the content of the development agreement with the agreement on establishment of separate ownership of a residential unit and transfer of its ownership right 

Read more
A. Sławińska, Lex silo, or the next stage of the amendment of the construction law 

Read more
A. Sławińska, BREEAM Certificate 

Read more
A. Sławińska, At what stage should the developer deliver the prospectus to the purchaser? 

Read more
A. Sławińska, Amendment of the Water Law – wastewater management 

Read more
A. Sławińska, Building permit for energy storage facilities (RES) 

Read more
A. Sławińska, Methods of financing development projects 

Read more
A. Sławińska, Joint Venture in the real estate market 

Read more
A. Sławińska, Are commercial premises subject to the regime of the new Development Law? 

Read more
A. Sławińska, The new law on developers and construction projects in progress 

Read more
A. Sławińska, Further fate of reprivatisation and tenants of Warsaw tenements 

Read more
A. Sławińska, Amendment of the impact area of a facility 

Read more
A. Sławińska, PROCEDURE FOR THE ISSUE OF A WATER PERMIT IN THE INVESTMENT AND CONSTRUCTION PROCESS 

Read more
A. Sławińska, Brief assumptions – crowdfunding as an alternative method of financing in the real estate market 

Read more
A. Sławińska, Brief assumptions Housing co-operatives – a new solution in the real estate market 

Read more
A. Sławińska, ENVIRONMENTAL PROCEDURE FOR CONSTRUCTION PROJECTS 

Read more
A. Sławińska, Lifetime contract and easement of habitation 

Read more
A. Sławińska, Private Rented Sector (PRS) 

Read more
CONTACT
WARSAW / GDYNIA
[!] ATTENTION: Meeting by appointment only
WARSAW
PLAC ZBAWICIELA 2/23
GDYNIA
AL. MARSZ. PIŁSUDSKIEGO 18/4