Guarantee or statutory warranty?
Your rights when renovating and finishing interiors
A renovation or interior fit-out is a major investment that requires not only considerable financial outlay but also trust in the contractor. But what should you do if the end result falls short of expectations and the work carried out by the renovation company gives cause for concern? In such situations two concepts become key: the guarantee and the statutory warranty. In this article we explain how they differ, what rights you have and how to enforce them effectively.
Guarantee and statutory warranty – what does the law say?
To fully understand the difference between a guarantee and the statutory warranty, it is worth looking at Polish law. These matters are governed primarily by the Civil Code, which sets out the rules on contractors’ liability for the quality of the services and goods they provide.
Statutory warranty – your legal right
The statutory warranty (rękojmia) is the seller’s or contractor’s liability for physical and legal defects in goods or services. For construction and renovation work, the warranty provisions can be found in Articles 556-576 of the Civil Code.
Here are a few key points:
- Duration of the statutory warranty: For buildings, the warranty period is 5 years from acceptance of the work. For other structures and renovation services, the standard period is 2 years.
- Scope of liability: The statutory warranty covers both visible and latent defects that come to light during use.
- Complaints: The client has the right to report defects and demand that they be remedied, that the price be reduced, or even to withdraw from the contract if the defect is material.
Guarantee – additional protection
A guarantee is a voluntary undertaking by the contractor or manufacturer to repair a defective product or service. Its terms are set out in a contract or guarantee document, which means it can be more flexible than the statutory warranty.
Main features of a guarantee:
- Duration: Decided by the guarantor (e.g. the contractor). It can range from a few months to several years.
- Scope of liability: The guarantee covers the defects specified in the guarantee document.
- Voluntary nature: Unlike the statutory warranty, a guarantee is not mandatory.
Guarantee vs statutory warranty – key differences
Both the guarantee and the statutory warranty are intended to protect the client’s interests, but they differ in several important respects:
| Feature | Statutory warranty | Guarantee |
|---|---|---|
| Legal basis | Civil Code | Contract or guarantee document |
| Mandatory | Yes | No |
| Scope of liability | Physical and legal defects | As specified in the guarantee |
| Duration | 2 or 5 years | Any |
Using the statutory warranty and guarantee in practice
How do you report a defect under the statutory warranty?
The first step is to report the defect to the contractor. This should be done in writing, ideally by recorded delivery or by email, which can easily be documented. In your notification it is worth including:
- a detailed description of the defect,
- how you expect it to be resolved (e.g. repair, replacement),
- a deadline for meeting your request.
If the contractor refuses to accept the claim, you can take the matter to court. Bear in mind, however, that in such cases a well-drafted contract and photographic evidence are crucial.
What does a guarantee give you?
A guarantee is additional protection that may include, for example, free repairs, replacement of damaged parts or extended liability for the quality of services. To make use of the guarantee, simply report the defect in the manner set out in the guarantee terms (e.g. by phone or online).
The most common problems with complaints
In practice, enforcing your rights is not always easy. Here are a few problems you may come across:
- No contract: Without a properly drafted contract it is difficult to prove the scope of work and the terms of the guarantee.
- Unclear guarantee terms: The guarantee document should specify which defects are covered and what the complaints procedure is.
- Refusal by the contractor: Contractors often try to avoid liability by claiming that the defect was caused by the user.
How to protect yourself against problems
To avoid difficulties with the guarantee and statutory warranty, it is worth:
- Signing a detailed contract
Make sure the contract includes provisions on the statutory warranty and guarantee, as well as a detailed description of the scope of work. - Documenting the progress of the work
Photos and videos of each stage of the renovation can be valuable evidence in the event of a complaint. - Using professional companies
Experienced contractors not only guarantee high-quality services but also take a conscientious approach to guarantee and warranty matters.
Read more about building formalities here:
Formalities when building a house
Why choose our services?
As a company with many years of experience in construction and interior finishing, we offer:
- Transparent contract terms,
- Free consultations and quotations,
- Full responsibility for the quality of our services.
Don’t wait – get in touch with us and see for yourself that a renovation can be simple and stress-free!
External links:
- Civil Code – full text of the act (in Polish)
- Consumer guide – Office of Competition and Consumer Protection (UOKiK)
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