A power of attorney to collect a flat from a developer – when it helps and how to prepare it

Collecting a flat from a developer is a moment people wait months for – and the date set by the developer does not always fit your calendar. The good news: you do not have to be present in person. We explain when an ordinary written power of attorney is enough, when a notary is needed and how to word the document so that your representative can effectively report defects.

Technical handover and the transfer of ownership – two different documents

When buying from a developer there are two key meetings that are often confused:

• the handover of the unit (the so-called technical handover) – you view the flat, check its conformity with the agreement and prospectus, and write defects in the protocol,
• the agreement transferring ownership – the notarial deed under which you become the owner.

The requirements for the power of attorney differ for each. The agreement transferring ownership requires the form of a notarial deed, so a power of attorney to sign it must also be notarial. The technical handover itself is not subject to any special form under the rules – as a rule a power of attorney in an ordinary written form is enough. The exception: if the developer agreement or the handover rules require a power of attorney with a notarially certified signature. Check this in the agreement or ask the developer before the date.

When a representative at the handover makes sense

• you live or work abroad or in a different city from the development,
• the handover date clashes with a trip, a birth, a stay in hospital,
• you want a specialist to take over the flat – a construction engineer or a handover firm that knows the standards and has measuring equipment,
• you bought the flat as an investment and do not plan to come to every meeting.

Even if you can come in person, having a professional next to you usually pays off – it helps catch defects that a layperson easily overlooks.

What the Developer Act gives you at the handover

The Act of 20 May 2021 on the Protection of the Rights of a Purchaser of a Residential Unit or Single-Family House and on the Developer Guarantee Fund describes the handover procedure in detail. A representative has the same rights as you:

• a protocol is drawn up of the handover, in which defects in the unit can be reported,
• the developer has 14 days from signing the protocol to give information on accepting the defects or refusing to accept them with reasons – if it stays silent, it is deemed to have accepted them,
• the developer should remedy accepted defects within 30 days of signing the protocol; if, despite due diligence, it cannot make it, it sets another date with reasons – one that does not expose the purchaser to excessive inconvenience,
• with a material defect the purchaser may refuse the handover – such a refusal is also entered in the protocol.

That is why the power of attorney should directly allow reporting defects and refusing the handover. Without that your representative will at most be able to sign the protocol without remarks.

What to write in a power of attorney for the handover

The document need not be long, but should be specific. Make sure it contains the following elements:

• your details and the representative's, and the date and place of drawing it up,
• identification of the unit: the name of the development, the address, the unit number, and the date and register number (repertorium) of the developer agreement,
• the scope of acts: taking part in the handover of the unit (and, if relevant, the storage unit or parking space), reporting defects in the protocol, signing the handover protocol or refusing the handover, collecting the keys, recording the meter readings,
• authority for further correspondence with the developer on remedying defects and for taking part in the handover after repairs,
• your signature – and, if the developer requires it, notarially certified.

If the same person is also to sign the deed transferring ownership, you will need a separate power of attorney (or one covering both acts) in the form of a notarial deed. We write more about the forms and kinds of powers of attorney in the complete guide to a power of attorney when buying and selling a flat.

How to prepare the representative for the handover

• Give them a copy of the developer agreement, the information prospectus and the unit's floor plan with dimensions.
• Agree what finishing standard the agreement provides – it is the point of reference when reporting faults.
• Ask for photos and a recording of the handover and a copy of the signed protocol the same day.
• Decide whether, in case of a material defect, they should refuse the handover or first contact you.

What the representative should look at in the flat

A well-prepared representative comes with a checklist, not only to collect the keys. It is worth having them check at least:

• the area and the dimensions of the rooms compared with the plan from the agreement – differences affect the settlement of the price,
• the plumb and levels of walls, floors and ceilings,
• window and door joinery: tightness, adjustment, damage to panes and frames,
• installations – the operation of sockets, the fuse board, heating and ventilation, access to water and sewage connections,
• the balcony or terrace: falls, flashings, insulation at the threshold,
• ancillary parts, if they are the subject of the agreement: the storage unit and the parking space.

The representative should describe every fault in the protocol as precisely as possible – with the location and, if possible, a measurement. General wording such as "crooked walls" makes it harder later to enforce repairs.

Frequently asked questions

Summary

A power of attorney to collect a flat is a simple document that lets you avoid postponing the date and losing the rights arising from the Developer Act. What matters most is that it clearly allows reporting defects and refusing the handover, and that its form meets the developer's requirements. If you plan to buy a flat on the primary market, ask our expert – we will help you choose a development, check the developer agreement and advise how to prepare for the handover.