Handover protocol for building work in Poland: template, what to write and how to protect your final payment

The final instalment for a renovation is usually 20–30% of the total. And that is exactly what most disputes are about: "this grout line is crooked", "it was supposed to be different", "I'll pay once you fix it". A well-written handover protocol (protokół odbioru robót) closes the job: it shows what was done, what the defects are and by when you will fix them. Without it, it's your word against the client's.

If you are a tradesperson or run a small renovation business in Poland, here's the legal basis, what the protocol must contain, how to describe defects and whether a client can refuse to accept the work.

This is a guide, not legal advice. For large or disputed jobs, consult a lawyer.

Where the duty to accept the work comes from

The Polish Civil Code (Kodeks cywilny, KC) is explicit:

• under a contract for a specific work (umowa o dzieło; e.g. laying tiles, painting a flat), the client is obliged to accept the work that the contractor delivers in line with the contract (art. 643 KC),
• under a construction works contract (umowa o roboty budowlane), the investor undertakes, among other things, to accept the building and pay the fee (art. 647 KC).

So acceptance is not a favour from the client; it is their obligation. And the protocol is the simplest proof that acceptance took place, and in what condition.

Can the client refuse acceptance because of defects?

According to the case law of the Polish Supreme Court (Sąd Najwyższy, SN), the mere discovery of defects does not release the client from the duty to accept the work. Defects trigger rights under the statutory warranty (rękojmia) or a guarantee, but they don't mean the contract was not performed (SN judgment of 7.03.2013, II CSK 476/12). As early as its judgment of 5.03.1997 (II CKN 28/97), the Supreme Court indicated that the defects found should be listed in the handover protocol together with deadlines for fixing them.

Refusing acceptance is justified mainly when the defects are material: the property can't be used for its intended purpose, or it was built contrary to the contract and the rules of good building practice. A crooked skirting board or missing silicone in one corner is a defect to be fixed, not a reason to refuse acceptance.

In practice: instead of "I'm not accepting it", "acceptance with defects" works better, with each defect written down and given a deadline.

What a handover protocol must contain

The law doesn't prescribe a single template, but a good protocol has:

1. Number, date and place of acceptance (address of the works).
2. Parties: contractor (company, NIP tax number) and client; who is present at the handover.
3. Basis: number and date of the contract and any annexes.
4. Scope of work done, item by item (e.g. "bathroom wall tiles 24 m²", "sanitary fittings: WC, washbasin, tap").
5. Condition: whether the work was done in line with the contract.
6. Defects, each one separately: what, where, photo, deadline for fixing.
7. Result: accepted without reservations / accepted with defects / acceptance refused, with reasons.
8. Documents handed over: guarantee cards, manuals, certificates, keys.
9. Signatures of both parties with the date.

Defects table template

7 rules for a good handover

1. Announce the handover in writing (text/email with the date). This proves you reported the work as ready.
2. Do the handover in daylight, in good light. In the evening, the client will only find the defects the next day.
3. Walk through the rooms together, following the list in the contract. Nothing is left as a verbal promise.
4. Every defect = photo + deadline. "Minor touch-ups" without a description always grow.
5. Keep extra work separate. Anything that wasn't in the contract goes into an annex, not into the defects list.
6. Agree what happens with the payment. E.g. "final payment within 7 days of acceptance; amount X withheld until defect no. 1 is fixed". Be specific.
7. Give the client a copy straight away. A PDF sent on the spot ends any "I never signed anything like that" discussion.

Paper, Word or an app

A paper template is entirely sufficient if you keep it in the van and attach photos. An app wins on speed: photos, defects and signatures in one PDF before you leave the client's home.

How we do it ourselves: UZYTAK Contract & Sign

On our renovation jobs, the paperwork was always the weak spot: a contract written in the evening, extra work agreed over the phone, a handover nobody signed. That's why we built UZYTAK Contract & Sign:

• Handover protocol: completed items, photos from the camera or gallery, defects with a deadline for fixing and the result: accepted, accepted with defects or acceptance refused.
• Finger signatures from both parties, with name, surname, date and time.
• SHA-256 hash of the whole content, signatures and photos in the PDF footer: any later change produces a different hash, so you can't alter a signed document by mistake.
• Contract and annexes for the same job in one place (contract for a specific work or construction works contract, and an "off-premises" version with the information on the right of withdrawal).
• You send the PDF to the client by email or messenger straight away.

Price: unlimited jobs, clients and drafts for free, 3 signed documents a month free (with a small "UZYTAK free" mark). Pro: €9.99 one-off: unlimited signatures, your logo, no mark. No subscription, no account, data on your phone.

To be honest: a finger signature on a screen is a simple electronic signature (eIDAS), and the document has "documentary form" (forma dokumentowa). It does not replace written form or a qualified signature where the law requires them. The app gives you carefully prepared templates, not legal advice.

Questions and answers

The client didn't turn up for the handover. What should I do? Document that you reported the work as ready and set a date (text, email). You can draw up the protocol unilaterally, with a description of the condition and photos. In a disputed case, talk to a lawyer.

Does the flat owner have to sign the protocol? It should be signed by the party to the contract or a person they have authorised. If someone else signs (e.g. a spouse, a neighbour), add a note that they are acting on behalf of the client.

Does the client lose the right to complain after signing the protocol? No. Acceptance does not exclude the statutory warranty or a guarantee for defects that appear later.

Is a protocol the same as an annex? No. An annex changes the contract (scope, price, deadline). A protocol confirms that the work was done and its condition.