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Buying property under construction – what to watch out for

Buying property under construction – what to watch out for

🏗️ Basic Information
Buying property under construction or off-plan means the buyer purchases an apartment, house, or villa based on a project, visualizations, and plan—not a finished building. This type of investment is common and safe if the correct legal steps are followed, but it requires careful checking of the developer, documents, and contract.

Advantages: lower prices (20–30 % less), interest-free installment plans, and higher return after completion.
Risks: delays, project changes, or a developer without sufficient guarantees.


1️⃣ Main Advantages of Buying Off-Plan
✅ Lower price than finished projects – often 20–30 % cheaper initially.
✅ Interest-free payments during construction (developer financing).
✅ High potential for value growth – prices usually rise 20 %+ after completion.
✅ Option to choose interior (tiles, kitchen, colors).
✅ New warranty – 1–2 years for fittings, 10 years for structure.


2️⃣ Risks to Watch
⚠️ Project does not yet have a building permit – developer is still processing it.
⚠️ Developer lacks sufficient funding – project may be delayed.
⚠️ Contract does not include construction timelines or penalties for delays.
⚠️ Lack of title information – unsettled land or missing separate titles.
⚠️ Poor communication after signing – some developers do not send regular progress reports.


3️⃣ Key Points for Lawyer Check (Due Diligence)
An independent lawyer should check:

AreaChecked
Building permitIssued or in approval process
Town planningValid and in line with city plan
Land ownershipDeveloper owns or rents the land
Developer financingProject is not mortgaged to a bank
Construction stageConstruction started and by whom
Separate titlesEstimated date of individual titles
Completion deadlinesClearly stated in contract (e.g., 24 months + 3-month tolerance)

💡 If any of these points are missing, it is recommended to delay signing until the developer provides the missing permits.


4️⃣ Contract Contents for Off-Plan Projects
The contract must be precise, detailed, and protect the buyer. Key clauses:

  • Construction and handover dates
  • Penalties/compensation for delays
  • Payment plan tied to milestones (foundation, structure, finishing…)
  • Developer guarantees (bank guarantee, escrow account, retention clause)
  • Option to transfer the contract (assignment) – if the buyer wants to sell before completion
  • Technical specification and attachments (floor plan, materials list, photos)
  • Clause for registration at Land Office – within 60 days

5️⃣ Payment Plan (Developer Financing)
Typical model:

Stage% of price
Reservation fee2,000–5,000 €
Signing contract25–35 %
Foundation / skeleton20–25 %
Structure completed20 %
Interior works10 %
Handover / Title Deed5–10 %

💡 Most developers offer interest-free payments during construction, with the final payment due after completion.


6️⃣ Handover and Quality Check (Snagging)
Before final handover: a lawyer or technician checks if the property matches the plan and inspects quality. A “snagging list” (list of defects) is made, which the developer must fix within a set period (e.g., 30 days).
The buyer signs the handover report only after defects are corrected.


7️⃣ Insurance and Warranties

  • Developers must have construction insurance during building.
  • Buyer should take property insurance after getting the keys.
  • Standard warranties: 12–24 months for fittings, 10 years for structure and statics.

8️⃣ Timeframe

  • Small projects (villas): 12–18 months
  • Apartment complexes: 18–30 months
  • Hotels and resorts: 24–36 months

💡 Always allow a 3–6 month buffer for unexpected delays.


9️⃣ Most Common Buyer Mistakes
❌ Signing the contract before checking the building permit
❌ Paying the developer directly without an escrow account
❌ Contract has no delay penalties
❌ Not asking for regular photos or progress reports
❌ Ignoring technical attachments (materials, fittings)