Czech new-build warranty: what builders and developers owe you

The first winter in a new flat often teaches an owner more about the building than the sales brochure ever did. A radiator that does not warm, a window that lets in a draught, a crack along a ceiling joint. The question is then not whether to complain but whether you still can, and against whom.

This explainer sets out how warranty rights work for new-build flats in Czechia in general terms. Periods and remedies are laid down in the Civil Code (zákon č. 89/2012 Sb.) and in your contract, and a lawyer should read the actual documents. Nothing here describes any particular developer.

Who owes what

Two relationships matter.

Developer to buyer. When you buy a flat from a developer, the developer is the seller. It owes you a flat of the agreed quality and specification, free of legal defects. The rights for defective performance come under the sale rules of the Civil Code and, if you buy as a consumer from a business, the consumer-protection rules, which the contract cannot cut back.

Contractor to developer. The developer usually hires a building contractor under a contract for work (smlouva o dílo). The contractor's liability to the developer is a separate matter, and the developer relies on it to cover defects in the work. As a buyer you normally claim against the developer, not the contractor, and the developer deals with the contractor. You meet the contract-for-work rules directly only if you commission a builder yourself, for example for a family house.

Check the contract to see who gives the warranty, for what and for how long. Ask whether the developer passes on manufacturers' warranties for installed appliances and systems.

The kinds of defect

Not every problem is the same legal defect.

• A material defect in the building work. For example, damp from poor waterproofing, cracks from poor workmanship or an uneven floor.
• A defect in installed equipment. A boiler, an appliance or a ventilation unit that does not work.
• A difference from the contract. A finish or a layout that does not match the specification, or a floor area outside the agreed tolerance.
• A minor unfinished item (drobný nedodělek). A snag noted at handover and expected to be fixed.

The protocol you signed at handover records what was known on the day. Our guide to the handover of a new-build flat explains why it matters.

Warranty periods

Czech law separates two things that English calls "warranty": statutory liability for defects (odpovědnost za vady), which exists whatever the contract says, and a guarantee of quality (záruka za jakost), which exists only if the seller gives one. The figures below are as of 2026; check the Civil Code or ask a lawyer.

Statutory liability. A buyer of real estate must raise a hidden defect without undue delay after discovering it, and a court will not uphold the claim if it was first raised more than five years after the buyer took over the property (§ 2129). The same five-year outer limit applies to defects in a building delivered under a contract for work (§ 2629), and a clause shortening it is ignored where the client is the weaker party. The Civil Code's consumer presumption (§ 2161), under which a defect that appears within a year of taking over is presumed to have existed at handover, concerns movable goods. For a flat, defects are handled under the rules for the purchase contract and the contract for work, including the five-year limit for buildings, so check with a lawyer how a consumer buyer's claim is treated in your case.

Contractual guarantee. On top of that, many developers give a guarantee of quality, often around five years on the structure and a shorter period, frequently two years, on fitted equipment and appliances. These are business choices, not legal minimums, so the contract is the only place to find them.

The 24-month consumer guarantee familiar from shops applies to movable goods. It covers an appliance you buy separately, not the flat.

A longer contractual period can always be agreed. If the contract claims to shorten your statutory rights, ask a lawyer whether the clause is valid.

What you can claim

The usual remedies for defective performance are:

1. Repair or removal of the defect. The default first step in many cases.
2. Delivery of a replacement, where that makes sense for equipment.
3. A reasonable discount on the price.
4. Withdrawal from the contract, for serious defects that the buyer would not have accepted.

Which remedy is available depends on the kind of defect and its seriousness, and the law sets the order and conditions. The seller may offer a different remedy, and you should not accept in haste. A lawyer can tell you which remedy to ask for.

How to make a claim

A claim is a written notice. A good one includes:

• your name, the address of the flat and the contract or protocol reference;
• a description of each defect, with its location and date of discovery;
• photographs and, where relevant, a short report from a specialist;
• the remedy you require and a reasonable deadline;
• a request for confirmation of receipt.

Send it by a method that proves delivery, such as a registered letter with confirmation, a data box message or an email to the address named in the contract (and a copy by post). Keep a copy and a log of every exchange. Our guide to setting up a data box describes the electronic route.

The owners' association and common parts

A defect in a common part, such as the roof, the facade, the lift or the staircase, is the concern of all the owners. The owners' association (SVJ) usually handles such claims for the building. Individual owners cannot always claim for common parts on their own. Ask the association's manager whether a claim has been lodged, and check the deadlines for the building as a whole, which may differ from those for your flat. See our explainer on owner-occupied housing and ownership forms.

What if the developer does not respond

Send a reminder with a final deadline. A lawyer can then send a formal demand. Beyond that, the options include mediation, consumer organisations and the courts. The Czech Trade Inspection Authority (ČOI) offers out-of-court resolution of consumer disputes, which covers a consumer's dispute with a developer selling as a business (as of 2026; check ČOI). Court proceedings take time and cost money, so a clear record from the start is the most valuable thing you can build.

If the developer becomes insolvent, the claim becomes a claim in the insolvency proceedings, and recovery depends on the circumstances. Czechia has no statutory scheme that insures new-build buyers against this (as of 2026), so cover through an insurer or a bank guarantee, if the developer offers one, is worth asking about before you buy, alongside the payment schedule.

Choosing a developer with this in mind

The question to ask before you sign, ideally at the stage described in how developer sales work, is how the developer handles claims: is there a service desk, a named contact and a stated response time? You can look up property developers active in Prague (in Czech) for names to research. A directory listing is not an endorsement or a check of anyone's record, so read the contract and ask about warranty handling directly.

Typical disputes, and how they are usually resolved

Three disagreements come up again and again. The first is whether something is a defect or normal wear and tear. A hairline crack in plaster after the first heating season may be a normal settling of a new building, whereas a wide crack that grows is a different matter. A written opinion from a surveyor or a structural engineer settles this better than argument. The second is who bears the cost of an investigation, and the contract or the law may say that it falls on the party in the wrong. The third is the time allowed for repair. A repair that drags on for months is not a repair, and a deadline in your written notice gives you a basis to move to the next remedy.

Most disputes end in a repair or a discount, without a court. The record you built, with dated photographs and written notices, is usually what makes that possible.

Frequently asked questions

Frequently asked questions

When does the warranty start?

From the day you take over the flat, recorded in the handover protocol. The statutory outer limit for hidden defects is five years from then (as of 2026); contractual guarantees run for whatever the contract says.

Do I claim against the builder or the developer?

Normally against the developer, who sold you the flat. The developer then deals with the building contractor.

Can the contract shorten my rights?

Some clauses are invalid when they cut a consumer's statutory rights. Ask a lawyer to check any clause that reduces a warranty period.

Does the warranty cover common parts?

Defects in common parts are usually claimed by the owners' association for the whole building. Ask the manager about the deadlines.

A habit worth building

After handover, make a folder with the contract, the protocol, the photographs, the warranty documents and every email. Set a calendar reminder for three months before each warranty period ends, and walk through the flat with the list. Many claims are lost not because the defect was minor but because the date passed.

This is a general explainer, not legal, tax or mortgage advice.