The Property DecisionEvery step of a move, costed honestly

Buying

Buying off-plan means buying a description

There is no building to inspect, so the contract and the specification are the property until completion.

Realtor guiding potential buyers through a stylish apartment viewing.
Photograph by Ivan S via Pexels
General information. This is journalism, not personalised financial advice. Figures, rates and rules change and vary by country — check current terms before acting. How we work.

There is a short answer about off-plan purchases and a useful one, and they are not the same. What follows is the useful one.

The short version

  • The specification and the plan are the only description of what you are buying.
  • Completion dates are usually ranges with contractual tolerances.
  • A valuation at completion can differ from the price agreed years earlier.

You are contracting for something that does not exist

Every characteristic of the property comes from the drawings, the specification document and the contract rather than from an inspection. Substitution clauses commonly allow the developer to change materials and fittings for equivalents, and equivalent is defined by them. Ask for the specification in writing, at the level of detail you would want if it arrived wrong.

Marketing images and show homes are frequently not the specification being sold, and the contract says which one governs.

Read the tolerances

Contracts often permit a stated variation in floor area, and a small percentage of a flat is a meaningful amount of space. Layouts, window positions and outlook can change during construction, and the outlook shown in a brochure is rarely guaranteed.

Long stop dates set the point at which delay lets you withdraw, and that point is usually much later than the marketed date. The gap between the marketed completion date and the long stop date is the delay you have effectively agreed to accept.

Deposit protection is the first question

Deposits on off-plan purchases are held for long periods, and the arrangements for protecting them differ sharply between countries. Ask whether the money is held by a stakeholder, insured, bonded or simply passed to the developer to fund construction. A developer failing mid-build is uncommon and not unheard of, and the recovery depends entirely on that arrangement.

Your conveyancer should confirm the mechanism in writing rather than describing it as standard.

Financing across a long gap

Mortgage offers have expiry dates, and a build delay can outlive one, requiring a fresh application at whatever rates then apply. A lender may also revalue at completion, and if the valuation is below the agreed price the shortfall falls on the buyer. Buyers who agreed a price at launch and complete years later carry that risk in both directions.

Confirm with a regulated adviser how your offer behaves if the build runs late, before committing.

Warranties and snagging

New homes in many markets carry a structural warranty for an initial period and a shorter developer defects period. The defects period is when the developer fixes the many small things, and it is time-limited, so a documented snagging list matters.

In practice, commissioning an independent snagging inspection before completion is cheap relative to the number of items it typically finds. Warranties cover defined structural matters, not every fault, and the exclusions repay reading.

Adjust the size of it until it is something you would actually do tired.

Estate charges and the second phase

New developments often carry estate management charges for communal roads, drainage and landscaping that are separate from any council or municipal tax. These can be open-ended, and the buyer inherits them with no cap tied to the purchase price.

For most people, buying in an early phase means living beside a construction site for the remaining phases. Ask how many phases remain, what the estate charge is and who sets it.

The takeaway

The specification, the tolerances and the deposit arrangement are the property. Read all three.

Pick the one that costs you least, and let the rest wait.

Questions readers ask

Can I negotiate on an off-plan price?

Often more so late in a phase than at launch, when the developer needs sales to complete. Incentives such as covered fees are sometimes offered instead of a price cut.

What happens if the finished flat is smaller than the plan?

It depends on the tolerance written into your contract. Ask your conveyancer what variation is permitted and what remedy exists if it is exceeded.

Buyingoff-plannew buildcontractsdeposits
Gareth Pryce
Editor, The Property Decision

Gareth edits The Property Decision and has sat through more chains collapsing than he cares to count.

Also by Gareth Pryce