- A nice website and a contract don't guarantee anything. The problem is often deeper, in the land under the building.
- Check the developer, the plot, the permits, the type of contract and any encumbrances.
- A check takes a day or two and saves you years in court.
You've found a flat in a new build, you like the price, and you want to pay quickly before they're gone. A familiar feeling. But that's exactly the stage where people get burned.
A story from practice
Someone came to me literally one step before buying. A new build in Lviv, a nice area, a fair price, the money ready. All that was left was to pay.
Good thing they decided to check before paying.
When we looked at the land plot under the building, it turned out there were court disputes over it. Put simply, the very land under the new build was in limbo. And that means the building might never be commissioned because of that land. The person would have been left with neither a flat nor money.
The worst part is that everything looked perfect. The developer's website, the contract, the managers. The problem wasn't in the flat but deeper, and you can only see it if you know where to look.
1. Who the developer is
How many years on the market, what they've already completed, whether they're in court with buyers. The court register shows a lot: if buyers sue a developer en masse over missed deadlines, that's a signal.
2. The land under the building
Whose plot it is, on what basis the developer uses it (ownership, lease, superficies), whether its designated use matches residential construction and whether there are disputes.
3. Construction documents
The permit to carry out construction work, planning conditions, the design. Some of this is visible in the unified electronic construction system.
4. What you're signing
New builds are sold in different ways, and each type of contract protects you differently:
| Contract | What to check |
|---|---|
| Purchase of property rights | Whether the property rights are registered and free of encumbrances |
| Investment agreement | The buyer's rights if construction stops |
| Construction financing fund | Who manages it and what guarantees there are |
| Preliminary agreement | Notarial form, the deadline for the main agreement, refunds |
5. Encumbrances and seizures
Whether the plot and the property rights to the flat are mortgaged. Sometimes a developer takes a loan against the project, and then the bank has its own rights to what you're buying.
All of this takes a day or two, and it saves you years in court.
Planning to buy? Here's new-build due diligence in Lviv. If a deposit is required before the deal, read deposit or advance.
Frequently asked questions
Can I check a new build myself?
Partly, yes, most registers are open. But what matters is knowing what to look for and how to assess what you find.
What if I've already paid?
A check still makes sense: we'll see the risks and what can be done about them now.
How much does a check cost?
From €150. If there are several properties, I check them as a package.
This article is general in nature and is not legal advice. Every situation has its own nuances.
