HEXA Experts · Buying off-plan
Buying a home off-plan
Buying a home off-plan means making decisions based on plans, specifications and agreements before the building is complete. Careful preparation helps clarify expectations and commitments.
Buying a home off-plan involves several stages. Below is an overview of the process, from the first plans and agreements through to final handover. The Breyne Act often applies when buying a home yet to be built, but its specific application depends on the agreement and project circumstances.
1. Initial stage: finding a home and reviewing the plans
When: before signing an agreement.
You compare available projects and review plans, models, brochures and the technical description or specifications. The price, possible options and finishing materials are often discussed as well.
Tip: check whether the project meets your needs and ask about the developer’s or contractor’s reputation. Clarify any plans, materials or finish choices you do not understand before proceeding.
2. Signing the preliminary or sales agreement
When: after choosing a home.
The buyer and seller set out their agreements in writing. Depending on how the sale is structured, this may include a private preliminary agreement followed by an agreement under the Breyne Act. Check that the price, description, plans, completion periods, payment terms and guarantees match what you discussed.
For an agreement covered by the Breyne Act, the deposit is subject to a statutory limit. Check the current legislation and have the specific agreement reviewed if you are unsure whether it applies or about the amounts.
3. Signing the notarial deed
When: usually after the preliminary agreement is signed and the notary prepares the transfer.
The notarial deed formalises the legal transfer of the land or apartment rights. The notary explains the deed and informs you about fees and taxes due. Timing and financial implications depend on the project type and agreement.
4. Construction stage: work begins
The contractor carries out the work according to the project schedule. You may still be able to choose certain materials or finishes during construction. Get any changes or additional work confirmed in writing, including the price and any impact on the schedule.
Where the Breyne Act applies, payments are linked to progress on the work. Follow the agreed and applicable payment schedule.
5. Provisional handover
When the home is ready, provisional handover takes place. This is the time to carefully inspect the finishes and visible condition of the building and have any visible defects or shortcomings recorded in the report. The notes should be clear enough to identify later what needs to be repaired.
Read also Provisional handover and our page about handover assistance for private clients.
6. Living in the home: follow up on issues
After provisional handover, you move into the home and further defects may appear. Report findings promptly and in writing, following your agreement and applicable rules. Keep photos, correspondence and reports with your building records.
7. Final handover
Final handover takes place under the agreement and applicable rules; for projects covered by the Breyne Act, it generally occurs no earlier than one year after provisional handover. Check that earlier items have been properly addressed and record any remaining comments before accepting final handover.
Read also Final handover and Breyne Act.
Practical tips for buyers
- Have plans, technical specifications and contractual agreements reviewed carefully.
- Keep all versions of plans, selections, changes and correspondence.
- Ask for clarification about insurance, guarantees, timing and instalments.
- Consider independent support at provisional and final handover.
A building expert can help systematically check visible issues and record them clearly in technical terms.
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