If you purchase an apartment or a single-family house, you will be able to withdraw from the contract due to a material defect. But it will not always be a quick and easy process.

The new residential development legislation gives the purchaser the right to withdraw if material defects are found and are not removed by the developer. This regulation does raise some concerns in the development industry, though. Are they legitimate?

The legislation meant is the Act  of 20 May 2021 on protection for the rights of purchasers of residential apartments or single-family houses and on the Development Guarantee Fund (Journal of Laws, item 1177). It introduces a number of important changes whose main purpose is to increase legal comfort for purchasers. As the lawmakers chose to re-enact the entire statute, the changes are wide-sweeping and cover such matters as Development Guarantee Fund, a longer list of statutory contracts and changes to escrow accounts. The law did not omit to also regulate the handover process and the related issue of defects in the property.

For the full text of the article by trainee attorney-at-law Piotr Rolka, see Rzeczpospolita on-line: https://bit.ly/3wJKY4R