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Before committing to a home in an unfinished development, verify the seller’s authority, the project’s approvals, how your money is protected, what the contract actually promises, and what happens if construction or handover changes. Then budget for the whole community and make inspection, defect repairs and title transfer part of your handover plan. The exact checks and legal protections depend on the property’s country and often its state or city, so use the local land registry, planning or building authority, and property regulator—and have an independent local property lawyer or conveyancer review the documents.
What should I check before buying an under-construction property?
Start with verifiable records, not the sales office’s assurances or renderings. Ask an independent adviser to confirm the identity and authority of the legal seller, the land rights behind the development, and whether the specific project and phase are approved for construction and sale. Search the relevant official records for title, planning and building approvals, project registration or an off-plan sales permit where required, and any mortgage, lien, restriction or litigation affecting the land or transaction.
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Do not assume that a company’s registration or a permit for one phase authorizes every project it markets. Check the exact project, phase, seller and unit against current official records. Saudi Arabia, for example, has a regime under which covered developers must be registered and projects licensed; the required project documentation includes a valid building licence and property registration deed. Those are Saudi requirements for projects within that regime, not a universal document list. In Abu Dhabi, ADREC describes developer and project registration and an off-plan sales permit; its guidance also records 2025 updates, so buyers should confirm the current requirements with the authority.
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Is my off-plan deposit protected?
Before transferring money, identify each payment by its purpose and the event that triggers it. A reservation fee, contract deposit, construction-stage instalment and completion balance may have different holders, refund terms and release rules. Read the reservation terms and proposed sale contract before paying, and establish whether a reservation fee is credited to the purchase price, when the offer expires, and the circumstances—if any—in which the fee is refundable. GOV.UK cautions that a reservation fee may only be refundable in specified circumstances.
For every sum, ask who holds it, whether it is held in trust or in a regulated project escrow, when it can be released, and what happens if you cancel, the developer becomes insolvent or the project fails. Verify the account and stakeholder directly using contact details obtained independently from the bank, regulator or named stakeholder—not just payment instructions in an email or brochure. Request a receipt showing the project and unit reference, and obtain written confirmation of the withdrawal conditions.
Protections differ by jurisdiction. In New South Wales, the government says off-the-plan deposits and instalments are held by a stakeholder in trust or as controlled money during the contract period and cannot be released before settlement. Saudi law requires a separate escrow account for each licensed project covered by that law, with deposit references tied to unit numbers under the relevant regulations. Neither example establishes how money is protected elsewhere; have local counsel explain the actual arrangement for your purchase.
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What should I check in an off-plan sale agreement?
Get the complete proposed contract, payment schedule, plans, specifications and draft community or owners’ rules early enough for independent review. Have a locally qualified adviser check the seller’s authority and title, approvals, title-transfer process, contract variations, cancellation and default consequences, dispute procedures, taxes and transfer charges, and any right to assign the contract or substitute another party. UK government guidance says a legal representative can identify title or planning issues and handle searches; NSW Government advises buyers to obtain legal or other advice before signing. Do not rely solely on a professional recommended by the seller.
Turn every important sales promise into a contract term or an attached schedule. Reconcile the plans and specifications with the unit being sold, and check the area stated, how it is measured, any measurement tolerance, materials, finishes, fixtures, appliances, parking, storage, access, utilities, landscaping and shared amenities. Confirm whether a view, facility or access route is guaranteed or merely illustrated. Ask what substitutions or design changes the developer may make, whether notice or consent is required, and what remedy applies if a change is material or the delivered area differs.
NSW Government warns that an off-the-plan home can differ from expectations and may be worth less than the price paid by completion. That is a reason to scrutinize the plans, variation clauses and remedies—not a prediction about any particular property. Ask your lawyer to explain the consequences of each clause in the contract you are actually signing.
Match the instalment schedule to your finances and mortgage approval. Determine whether payments are due on calendar dates, construction milestones or completion; check grace periods, default interest and any right to suspend or terminate. Confirm how much time your lender’s offer provides and what you would need to do if handover moves. A mortgage valuation is not a building-condition survey: GOV.UK distinguishes the two, and a valuation should not be treated as an inspection of construction quality.
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Find the contractual completion date and read the clauses around it rather than relying on a sales estimate. Identify permitted extensions or grace periods, how and when delay notices must be given, any long-stop date, and whether the contract provides compensation, a rent remedy, a right to terminate or a refund. Also ask what happens to the completion balance, your mortgage offer and any rate lock if the timetable shifts. GOV.UK notes that completion can be delayed or brought forward, that a contract may include a long-stop date allowing withdrawal after a long delay, and that a mortgage offer may need refreshing.
Before exchange or signing, ask a local property lawyer to explain how the contract’s timetable interacts with the law and the remedies actually available to you. Saudi Arabia’s covered off-plan regime provides for a specified completion date and a statutory delay remedy, but its application and interaction with a particular contract require local advice. Do not treat that example as a buyer right in another jurisdiction.
How do I check service charges in a new community?
Request written estimates for service or estate facility charges, strata or owners’ association levies, reserve or sinking-fund contributions, maintenance, utilities, parking and amenities. Ask for the assumptions behind the estimates, who sets the charges, how they are allocated between owners, what can cause them to rise, and which party controls or pays for common property before the owners’ body is established. Check the draft maintenance schedule and rules, and ask how unfinished or omitted facilities affect charges and residents’ access.
In NSW, unit entitlements can affect both voting power and levy contributions. Ownership structures differ elsewhere, so ask your adviser to explain the allocation method and your rights under the community documents for this property.
What should I do during construction?
Keep dated copies of contracts and schedules, receipts, notices, approved plans, progress statements and material correspondence. Compare updates with official project information where it is available, and ask the developer to confirm any change to the programme, plans or specifications in writing. A progress report or site visit is useful context, but does not replace official verification or change the rights in your contract.
Some authorities publish project milestones or monitor escrow releases. ADREC describes progress reporting and escrow drawdowns tied to verified construction progress in Abu Dhabi. That is a local process, not evidence that the same reporting or protections apply to a project elsewhere.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Should I get a snagging inspection before handover?
Ask when the unit will be accessible for an independent inspection and what inspection arrangements the contract permits. Once it is safe and available, consider hiring an independent inspector to record defects and incomplete work. Use a dated list with photographs, locations, severity and agreed repair dates, and keep a copy of the developer’s response.
Before making the final payment or accepting the property, establish what documents must be issued and what the contract and local law say about outstanding defects. Do not assume there is a universal right to withhold payment or delay acceptance until repairs are complete. GOV.UK recommends considering a snagging survey once the home is built and before completion; its guidance does not establish such a payment right.
Make the handover deliverables clear: any required completion or occupancy certificates, warranty certificates and claim instructions, manuals, utility and meter information, keys and access credentials, final account, and the timetable and procedure for registering title to the unit. Check what the warranty excludes, when cover starts, and how defects or disputes must be reported. Warranty scope can be limited; GOV.UK cautions that coverage may exclude parts of a property or attached land.
In the NSW process described by the government, settlement follows building completion and registration of the plan. That sequence is specific to that jurisdiction; confirm the legal completion and title-registration steps where the property is located.
How should I compare two under-construction communities?
Use documents and verifiable records for each project, not launch incentives or visualizations. This comparison keeps distinct checks together without treating one category as a substitute for another:
| Comparison area | Evidence to compare |
|---|---|
| Legal status | Developer authority, land rights and title, project and phase permits, approved plans, registration, and recorded encumbrances. |
| Payment protection | Who holds each payment, trust or escrow arrangements, release conditions, insolvency treatment and cancellation terms. |
| Contract certainty | Specification detail, measurement terms, variation rights, completion date, extensions, long-stop provisions, delay remedies and termination rights. |
| Delivery evidence | Documented construction progress, regulator reporting where available, the builder’s and consultant’s roles, and the developer’s completed-project record. A track record is a screening signal, not a guarantee. |
| Total cost | Purchase price plus taxes and fees, financing costs, community charges, maintenance, utilities and amenity costs. |
| Handover and defect protection | Inspection access, snagging process, repair periods, warranty provider and exclusions, completion documents and title-registration path. |
Which rules apply to my property?
The official examples here come from England, New South Wales, Saudi Arabia and Abu Dhabi; they are not parts of one combined legal checklist. The country, and sometimes the state or city, determines which registry, approvals, disclosure rules, deposit protections, warranty scheme, ownership structure, cooling-off period and buyer remedies apply. Identify the property’s location first, then verify the current project status with its local land registry, planning or building authority and property regulator. A specific project’s authorization, escrow balance, construction progress, likely completion date, solvency, build quality and suitability for you cannot be established from general guidance or marketing materials.
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