A common misconception about new-build properties is that “everything is new, therefore it is safe.”
In reality, the risk does not disappear — it simply changes form.
With second-hand properties, the key questions are typically: what is the history, what is behind the walls, what is the condition of the building.
With new-build properties, however, the main question is often: what exactly does the contract provide, and how can the buyer enforce their rights if things do not go as promised?
The purpose of this article is to outline, in clear and practical terms from a legal perspective, the most common contractual risks and the key points of protection for buyers.
1. Delivery and delays: the most common source of disputes
One of the most frequent sources of conflict in new-build transactions is the delivery date.
Buyers often align everything with this timeline:
- mortgage disbursement
- moving plans
- termination of lease agreements
- family logistics
Therefore, it is crucial to clarify:
- what is the contractual deadline for delivery?
- are there provisions regulating delays?
- what rights does the buyer have in case of delay?
Statements such as “expected delivery…” in marketing materials are not sufficient.
The contract is what matters.
2. Technical specifications: marketing is not binding
Many developments rely on visual plans, attractive descriptions, and terms like “premium quality.”
From a legal standpoint, only what is included in the contract and in the technical specifications is binding.
As a buyer, it is important to clarify:
- what exactly is included in the technical specifications?
- what is the quality and type of materials?
- what is the procedure if certain materials become unavailable?
3. Payment schedule: linked to conditions
In new-build purchases, payments are often made in instalments.
The critical issue is what conditions these instalments are tied to.
From the buyer’s perspective, it is safer if:
- payments are linked to verifiable stages of completion
- the process of technical handover and defect lists is clearly regulated
- the conditions for the final payment are clearly defined
4. Warranty and liability: documentation is key
A warranty alone is not sufficient.
What matters is:
- how and within what deadlines defects can be reported
- who is responsible for repairs
- what happens if repairs are not carried out
- whether proper handover documentation is provided
In new-build projects, documentation (handover protocol, defect list) serves as the buyer’s key evidence.
5. Common areas and operation
Often, the individual unit is completed, but the common areas, surroundings, or infrastructure are not delivered as promised.
Buyers should clarify:
- what exactly will be completed, and by when
- what is included regarding common areas
- expected operation costs and service charges
6. Summary
Buying a new-build property can be a good decision — but only if:
- deadlines and delay mechanisms are clearly regulated
- technical specifications are contractually defined
- the payment schedule is linked to clear conditions
- warranties and liability are properly documented and enforceable