Do not judge an off-plan development by a busy site, a polished video or a developer’s percentage-complete claim. Test progress against the contract’s milestones, obtain dated written inspection records, use an independent building consultant where appropriate, and verify the approvals, payment safeguards and completion documents required in the property’s jurisdiction.
The legal details differ by location. Site-access rights, deposit protection, insurance, planning and building approval, occupation permits and registration requirements must be checked under local law before you sign or release another payment.
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Use a three-part test, not a single progress percentage
“Progress” can mean three different things, and an off-plan buyer needs evidence for each:
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- Physical progress: what is visibly built on the site and inside the relevant building.
- Contractual progress: whether the developer has reached the milestones that trigger payment or other rights under your contract.
- Legal and handover progress: whether approvals, inspections, registration and certificates required for occupation or settlement are in place.
A structure may look nearly finished while services, testing, defect correction or plan registration remain outstanding. Conversely, a project can have limited visible activity during design, procurement or approval work while still meeting a properly defined contractual milestone. Ask for evidence against all three tests.
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| Progress question | Useful evidence | What it does not prove |
|---|---|---|
| What has physically been built? | Dated photographs, site records, inspection notes and an authorised visit | That concealed work is compliant or that your exact unit matches the display material |
| Has a contractual milestone been met? | The signed contract, milestone definition, certification and payment schedule | That the project is legally ready for occupation |
| Can the development be occupied or settled? | Required approvals, completion or occupancy documents, registration evidence and insurance documents | That every finish is defect-free or every marketing promise has been delivered |
NSW Government buyer guidance frames the central questions this way: “How far advanced is the project? What milestones still need to be met before the building is finished and the plan can be registered?” Put those questions to the developer, then have a local conveyancer or property lawyer test the answers against the contract.
Audit the contract before signing or paying
Your contract is the reference point for deciding whether a progress claim is meaningful. Have a lawyer or conveyancer qualified in the property’s jurisdiction review it before you sign, pay a deposit or agree to a variation.
Identify the property and promised standard
- Confirm the lot, apartment or townhouse number, parking and storage rights, title description and plan reference.
- Attach or clearly identify the drawings, finishes schedule, appliance list, inclusions, common-area specifications and any sustainability or accessibility promises.
- Check whether the contract permits substitutions and how the developer must notify you of a change.
A percentage-complete statement is not useful if the contract allows a material design change without a clear notice or consent process. Ask what happens if a specified product becomes unavailable, a floor plan changes or a common facility is deferred.
Map every milestone to evidence and money
Write a simple schedule showing each milestone, its contractual definition, the evidence needed to certify it, the payment due and the person authorised to certify it. Do not assume that “construction commenced”, “lock-up” or “practical completion” has the same meaning in every contract.
- Record estimated completion and any long-stop date, if one exists.
- List staged-payment dates and the conditions that must be met before each payment.
- Note extension-of-time clauses, notice requirements and events that permit delay.
- Check variation rights, price-adjustment provisions and your right to reject or rescind a material change.
- Understand cancellation, sunset or rescission provisions, including who may exercise them and what notice is required.
- Confirm whether you may inspect during construction and before possession, and how an inspection is arranged.
- Determine the consequences of late completion, including interest, compensation, termination rights or alternative remedies where the law permits.
NSW guidance specifically highlights site visits, delays, design changes, sunset dates and remaining milestones as issues to take to a conveyancer or lawyer. The same discipline is useful elsewhere, but the legal effect of each clause is local.
Request a dated, itemised progress statement
Ask the developer to provide a written update rather than relying on a sales call or social-media post. A practical request should ask the developer to identify:
- Work completed since the previous update, with dates and the building, level or lot affected.
- Work currently underway and the next contractual milestone.
- Work remaining before practical completion, plan registration, occupation or settlement.
- The evidence used to certify the claimed milestone, such as a surveyor’s inspection outcome, certificate or payment claim.
- Approved variations, revised drawings, substitutions and schedule changes.
- Known delays, their stated cause, the contractual extension relied on and the revised forecast date.
- Any authority inspection, notice, unresolved condition or insurance issue that could affect completion.
This format makes a vague “80% complete” claim testable. Compare every statement with the contract and preserve the dated versions. If the developer will not identify what remains, ask your conveyancer whether the refusal breaches a disclosure, certification or contractual obligation in your jurisdiction.
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Separate evidence from assurances
“The project is on track” is an assurance. A signed inspection outcome, approved variation, updated programme or authority record is evidence. Ask which person or organisation made the assessment, the date of the assessment, the part of the project covered and any qualifications or outstanding items.
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Do not treat a progress photograph as proof of structural compliance, payment entitlement, title registration or completion. Images can be staged, outdated or limited to the most advanced area of a larger site.
Use regulatory inspections and an independent consultant for different purposes
Obtain written outcomes from the building surveyor or regulator
Consumer Affairs Victoria says a buyer can request a building surveyor’s written inspection outcome. Ask for the complete document, not a verbal summary, and check whether it records failed items, conditions, reinspection dates or work still required.
Regulatory inspection is designed to address the scope set by the applicable building legislation. It is not automatically a detailed review of every finish, contractual inclusion or workmanship issue. Keep the inspection outcome with your contract file and ask your lawyer how it affects a milestone or payment.
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An independent consultant can assess progress, compare visible work with the contract and identify workmanship issues beyond minimum regulatory checks. Consumer Affairs Victoria notes that an independent consultant may assess whether work meets the contract. This is particularly useful before a major staged payment, after a material variation or before possession.
Before appointing anyone, confirm:
- Professional qualifications, registration or licensing required in the relevant jurisdiction.
- Experience with the building type, construction stage and local approval system.
- Independence from the developer, selling agent, builder and lender.
- The exact areas, lots and documents included in the engagement.
- Whether the review is visual only or includes specified tests, measurements or document checks.
- How concealed work, inaccessible areas, defects and safety risks will be reported.
- Delivery date, report format, photographs, priority ratings and a process for follow-up inspections.
A consultant’s report is an expert assessment within its agreed scope, not a guarantee that no defect exists. If a wall, membrane, service or foundation is concealed, a visual inspection may not establish its condition. Ask what additional testing or opening-up would be required and obtain permission before any intrusive work.
Plan inspections around irreversible work
The best inspection point is before the next stage hides the work you need to examine. Depending on the contract and local practice, that may be before backfilling, enclosing walls, covering services, installing finishes or releasing a substantial payment. Your consultant should tell you which stages are worth inspecting; do not invent a universal timetable where the contract uses different milestones.
Arrange site access lawfully and safely
Ask “Can I visit the site during construction?” and obtain the answer in writing. Access is not universal. A contract may provide an inspection right, restrict visits to nominated dates or require an escort. Local workplace-safety rules can also limit where a buyer may go.
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A free scan shows the junk files, broken settings and background clutter dragging Windows down - then fixes them in one click.Free scan · Windows 10 & 11Victorian guidance describes a reasonable-access right in that jurisdiction and advises buyers to consult the builder about occupational health and safety. Australian YourHome cautions against entering a construction site without permission. Those examples should not be treated as a rule for another country or state.
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Make a permitted visit useful
- Arrange the visit through the developer or site manager; never enter through an open gate or follow another visitor.
- Ask what personal protective equipment, induction, escort and insurance arrangements are required.
- Bring the relevant plan and finishes schedule, but do not interfere with workers or move materials.
- Record the date, areas viewed, people present and any photographs permitted by the site manager.
- Ask which areas were inaccessible and whether the consultant can review them later.
A visit can confirm visible activity, site management and obvious divergence from the plan. It cannot prove that hidden structure, waterproofing, fire stopping, wiring or plumbing complies. Never use an unauthorised visit as a substitute for formal inspection.
Verify planning, building approval, insurance and completion documents
Progress is not complete until the approvals and documents required for lawful occupation and transfer are addressed. Ask the relevant authority, project team and conveyancer which documents apply to this development and what status each has.
Keep planning permission separate from building-regulations approval
In England, GOV.UK explains that planning permission and building-regulations approval are distinct processes. A project can have one without satisfying the other. Ask for the reference, approved drawings, conditions and current status of each, and check whether later amendments were approved.
For a qualifying higher-risk residential building in England, the Building Safety Regulator requires registration before occupation and a completion certificate. Those requirements apply only to buildings within the relevant English higher-risk regime. Recheck the current rules and the project’s classification before relying on them, especially where guidance or regulations have been updated.
Check the documents required in your location
- Planning or development consent and evidence that conditions affecting occupation have been discharged.
- Building approval, inspection outcomes and any final certificate required by the local authority or regulator.
- Fire, accessibility, environmental, utility and infrastructure approvals where applicable.
- Insurance or warranty documents required for the building, construction, defects or buyer protection.
- Title, subdivision or plan-registration evidence needed for settlement.
- An occupancy permit, completion certificate or equivalent document before occupation.
Consumer Affairs Victoria lists an occupancy permit for new homes in its jurisdiction and advises a thorough pre-possession inspection. Elsewhere, the document name, issuer and legal effect may differ. Ask your conveyancer to verify the actual document, not a marketing label such as “ready to move in”.
Trace where your deposit and progress payments are protected
Do not assume that a payment described as “held in escrow” is protected in the same way everywhere. Ask your conveyancer to identify the legal mechanism, account holder, release conditions, beneficiary, refund process and insolvency treatment.
Spain: confirm the individual guarantee and project account
Spanish official guidance discusses an individual bank guarantee for qualifying amounts and a project escrow account. The protection depends on the transaction meeting the applicable legal conditions and the documents being correctly issued. Have the guarantee, account details and coverage reviewed before paying, and confirm what happens if the project is delayed or abandoned.
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Dubai: verify stage-linked escrow releases
Dubai’s Land Department describes project-escrow releases linked to construction stages and verification by a trustee engineer. Obtain the project’s escrow information and release evidence through the authorised channels, then have your adviser confirm that the arrangement applies to your unit and payment.
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Spain and Dubai are local examples, not a universal model. In another jurisdiction, protection may be provided by a bond, statutory scheme, trust arrangement, lender control or no equivalent mechanism. Never substitute a developer’s account number or a sales agent’s description for independent verification.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Compare two developments on evidence, not marketing
When choosing between projects, use the same questions and documents for both. The following comparison framework is practical rather than an official scoring system.
| Comparison axis | Questions to ask | Stronger evidence |
|---|---|---|
| Progress evidence | Are updates dated, itemised and tied to contract milestones? | Written statements, inspection outcomes and a consistent programme |
| Developer and builder history | Are previous projects documented, and are unresolved regulatory or defect issues disclosed? | Verifiable project records and clear responses to outstanding matters |
| Delay protection | What are the estimated and long-stop dates, extensions and remedies? | Specific clauses reviewed by a local lawyer |
| Payment security | Who holds the money and what triggers release or refund? | Legally enforceable documents independently checked |
| Approvals and insurance | Which approvals, certificates and policies exist, and what remains conditional? | Reference numbers, issued documents and current status confirmations |
| Site access | Can you or your consultant inspect, when and under what safety rules? | A written access process with permitted dates and scope |
| Independent inspection | Can an independent professional inspect progress and contract conformity? | Clear appointment terms, access and a report delivered to you |
| Handover documents | What must be supplied before occupation and settlement? | A contract schedule matched to authority requirements |
Do not award points merely because one project has a cleaner-looking site. Record missing evidence as “not verified” and ask whether the gap is temporary, contractual or a reason to pause the purchase.
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Near handover, arrange the inspection permitted by the contract and compare the completed work with the signed plans and specifications. Use a room-by-room list for the private lot and a separate list for parking, storage and common areas.
- Confirm that the unit, floor plan, dimensions and orientation match the contract documents.
- Check doors, windows, glazing, finishes, fixtures, appliances, cabinetry, sanitaryware, heating or cooling equipment and accessibility features against the schedule.
- Record incomplete, damaged, substituted or non-functional items with photographs and a precise location.
- Ask for testing or commissioning records for relevant services and safety systems.
- Obtain the required occupancy, completion, registration and insurance documents before settlement or occupation.
- Send the defect and unfinished-work list in writing, identify the requested remedy and keep the developer’s response.
- Ask your conveyancer whether unresolved items permit retention, delayed settlement, a contractual claim or another remedy under local law.
A tidy display apartment is not evidence that every lot is complete. Your inspection must concern the property you are buying and the common elements that affect its use.
Recognise warning signs and respond proportionately
Vague or changing progress claims
If the developer repeatedly uses percentages without identifying completed work, request the milestone-based statement and supporting inspection outcome. Do not release a payment solely because a sales representative says the project is on track.
Pressure to pay before evidence arrives
Refer to the contract’s certification and notice requirements. Ask your conveyancer whether the payment is due and whether a disputed milestone can be challenged. Keep the funds in the legally required channel rather than sending them to an unverified account.
Unexplained design substitutions
Compare the proposed change with the signed specifications and ask whether it affects value, performance, appearance, approval or financing. Obtain the contractual notice and consent position before accepting it.
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Denied or unsafe access
Do not trespass or argue with site staff. Ask for the contractual reason, a safe alternative date or an inspection by an independent consultant. A refusal may be legitimate for safety, but a persistent inability to obtain any permitted evidence deserves legal review.
Missing approvals or certificates
Ask which authority issues the document, its reference number, status and expected date. Treat “application submitted” as different from “approval issued” and “approval issued” as different from “condition discharged” or “occupation authorised”.
Escrow language without documents
Request the governing agreement, account identity, release conditions and refund rules. Have a local adviser verify them independently rather than relying on a logo, screenshot or verbal explanation.
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Create one folder for the contract, plans and variations; one for developer updates; one for inspection and authority records; and one for payments, insurance and correspondence. Use a dated index and save the original files, not only screenshots.
Before each payment or decision, complete this short check:
- The claimed milestone is defined in the signed contract.
- The stated work is identified by building, level or lot and date.
- A written inspection or certification record supports the claim where required.
- Any variation, extension or delay notice has been reviewed.
- The payment account and protection mechanism have been independently verified.
- Required approvals, insurance and completion documents are either issued or clearly tracked.
- You know what remains before plan registration, occupation or settlement.
- Your local conveyancer or lawyer has advised on any unresolved issue.
If several answers are “no”, pause the next commitment long enough to obtain advice. The purpose is not to demand proof that no risk exists; it is to ensure that each important risk has an identified document, responsible party and contractual remedy.
Bottom-line decision
Buyers should treat construction progress as a document-and-inspection question, not a visual impression. Match the developer’s claim to contractual milestones, obtain written inspection outcomes, use an independent consultant for work beyond the regulator’s scope, visit only with permission and safety arrangements, and verify local approvals, payment protection and handover documents. A clean site, an escrow arrangement, an inspection report or a completion certificate answers only the question within its scope; none alone proves that your unit matches every representation or that all defects and delays have disappeared.
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