EN
The warranty regime for defects applies to the developer’s liability either explicitly or as appropria-te. The scope of application depends on the type of contract concluded between the developer and the buyer. This is due to the lack of reference in the protection of the rights of the buyer of a flat or a single-family house and the Development Guarantee Fund Act (Journal of Laws 2021, item 1177 as amended) to the provisions of the Civil Code. In general, the developer is to remove all substantial and in-substantial defects reported during the handover of the dwelling, as well as tho-se arising after the handover. The developer’s liability under the warranty for defects in accordance with the provisions of the Civil Code arises when possession of the residential premises is transfer-red to the buyer. The article presents possible legal problems and threats related to the developer’s liability under the warranty for physical defects of the residential premises.