Guide: ‘What to do in the event of a complaint?’

Receiving your apartment is not the end of the journey – sometimes defects are hidden under developer-installed systems or layers of plaster. A complaint is a procedure that allows you to demand defect removal under the conditions set by law and your contract. Below you will find a practical „what to do in case of a complaint” guide, describing each step, your deadlines and rights, and best practices for documenting and communicating with the developer or contractor.

Thorough inspection and documentation

• Immediately after handover, perform a detailed inspection (e.g., using a checklist).
• Photograph and film each defect you notice: describe the location, type of defect, and date (e.g., “23.07.2025 – crack in bathroom grout”).

Preparing the complaint protocol

• Fill out the developer’s complaint form or prepare your own protocol: property name, apartment number, defect descriptions, and expected repair method.
• Attach photographic documentation.

Complaint submission deadlines

• Statutory warranty: you have 2 years from handover to report physical defects (Article 556 of the Civil Code).
• Manufacturer/contractor warranty: deadlines may vary (usually 2–5 years), check the warranty card conditions.
• Apartment handover: if you report defects immediately in the handover protocol, the developer is obliged to fix them within the agreed period (usually 30–60 days).

Form and channels of submission

• Email: preferably as a PDF protocol with attachments; keep proof of sending and receipt.
• Client portal: if the developer has an online platform, upload documents there – you gain an automatic record of statuses.
• Registered letter: if there is no response or in case of a dispute, send the protocol by registered mail with acknowledgment of receipt.

Developer/contractor obligations

• Confirm receipt of the complaint within 7 working days.
• Fix the defects within the contractual deadline (usually 30–60 days from submission).
• Inform you about completion and enable re-inspection.

Your rights if defects are not fixed

• Additional discount or price reduction for persisting defects.
• Substitute performance: you can commission repairs to another contractor at the developer’s expense – after prior notice and an ineffective deadline.
• Withdrawal from the contract: in extreme cases, for significant defects and persistent refusal to repair.

Actions in case of refusal or delay

• Send a notice to fix defects with an additional deadline (minimum 14 days) and a warning about legal steps.
• Obtain an expert opinion from a construction surveyor – an independent opinion strengthens your position.
• Use a lawyer or mediation, and as a last resort, go to court for substitute performance or compensation.

Storing documentation

• Keep all emails, proofs of dispatch, protocols, and invoices.
• Archive all correspondence in one place – this facilitates potential evidence proceedings.

Regular inspections after repair

• After defects are fixed, arrange a second inspection of the apartment.
• Check if the defects were removed according to the complaint protocol.

Building a transparent relationship

• Maintain a factual and polite tone in correspondence.
• Clearly communicate your expectations and listen to the developer’s proposals – quick agreements often prevent conflict escalation.

Effective complaint handling is primarily about documentation, timely submission, and knowing your rights – statutory warranty, contractual warranty, and substitute performance options. Act step by step, keep evidence, and if you encounter resistance, seek an independent expert opinion and legal support. Good luck!