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Buying off-plan: the main steps

Buying off-plan or selling in the future state of completion (VEFA) consists, for the buyer, in acquiring a property to be built. 
Real estate companies offer prospective buyers new properties, still at the project stage, on plan or sometimes even in virtual visit thanks to the animated 3D plan.

Reserve your property on plan

Once you have decided on a property, you will commit to the seller by signing a reservation contract (unlike the purchase of already built properties, you will not sign a preliminary sales agreement).
This document should contain various information such as:
- description of the dwelling (approximate living area, number of main rooms and list of outbuildings, utility rooms and corridors);
- The quality of the construction and materials used;
- the estimated selling price of the property and the legal conditions under which it may be revised;
- the period within which the final deed of sale can be signed before a notary;
- the legal conditions under which you can renounce your purchase and exercise your right of withdrawal.

At this stage, the delivery date of the building is not compulsory, but it is advisable to specify it at the time of booking to avoid unpleasant surprises.

When the reservation contract is signed, you will be asked to pay a deposit into an account opened in the name of the buyer. The seller then undertakes to reserve the building or part of the building for the buyer. The amount of the deposit cannot exceed 2 % of the projected price.

The deed of sale

The final sales contract can only be concluded once the necessary building permits have been issued by the relevant authorities.

From this point onwards, the contract for the sale of the new off-plan home must be signed before a notary. As soon as the contract is signed, you become the owner of the land and of what has already been built, and will have to pay for the work as it progresses.

The notarial deed must contain, under penalty of nullity, the following information:

  • the identity of the owner of the land and buildings 
  • the date of issue of the administrative authorisations and the conditions attached to them 
  • the description of the building or part of the building sold and the agreed degree of completion 
  • the price and the terms of payment of the price 
  • the delivery time of the building 
  • and, for sales in the future state of completion, the guarantee of full completion of the building.

In addition to this information, the sales contract must contain an annex:

  • construction plans with facades, floor plans and a sectional drawing of the building 
  • a descriptive note indicating the consistency and technical characteristics of the building, as well as the materials to be used 
  • and, in the case of condominiums, the condominium regulations.

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The payment procedure

As far as the payment of the property is concerned, it will be made from the escrow account created for the initial deposit, for each stage of progress of the construction. In other words, the future buyer pays as the work progresses.

The percentages provided for by the legislation in force are :

  • 10 % for the payment of the land;
  • 15 % on completion of the foundations, except those relating to garages and other outbuildings separate from the main building;
  • 50 % on completion of the last slab to be provided between the foundations and the roof, otherwise a proportional share on completion of each slab to be erected
  • 95 % on completion of the building.

This allows the seller to have cash available to purchase the materials needed to continue the construction as it proceeds.

The delivery

After months of waiting, your future home is finally ready!
When your home is in good condition and conforms to the original contract of sale, the seller will invite you to the delivery.

Before you take possession of your property, you should first visit the owner to check that everything is in accordance with the contract and that the property does not contain any apparent defects in conformity or construction faults.
In this case, it is essential that you record these defects on the delivery report. The seller must then take the necessary steps to remedy them and draw up a timetable for the execution of the work.

And if everything is as you wished, all you have to do is take the keys and move in!

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Written by

atHome

Posted on

02 October 2014

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