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KI-Symbolbild: Neues Mehrfamilienhaus mit Holzfassade und Balkonen, davor frisches Pflaster und junge Bäume im Morgenlicht.
Practical article Buying Germany

Buying a new-build flat from a developer: deciding on the promised works, payment protection and moving in together

How do I examine a German purchase from a developer (Bauträger) as a complete project before I commit to the fittings presented and the expected move-in date?

Automatically translated – the German version is legally binding. Show original (German)

Published
19 Oct 2026
Research as of
17 Oct 2026
Applies to
Germany
For whom
Searchers & tenants
Article ID
WX26-P04-0116

The planned new apartment looks appropriate in the presentation. Several construction phases are still to be completed before your move-in. You therefore decide about more than the purchase of existing rooms: promised construction work, legal acquisition, payments and your current housing situation must fit together. This article guides you through the purchase decision; it does not confirm any construction stage or any specific project provider.

Clarify the actual contractual structure

§650u BGB describes a contract for erection or conversion with a simultaneous obligation to transfer ownership or to create or transfer a building lease (Erbbaurecht). [BAUTRAEGERMODELL] Have your offer professionally assigned to this framework. A construction contract on your own plot is not automatically examined according to the same model merely because the word “new build” is used.

Our editorial recommendation: Compile the companies involved and the services they have promised. Clarify who the contractual partner is, which right is to be transferred and which documents belong to the entire process. Multiple trade names or contact persons should not obscure these roles.

Make your purchase‑decisive specification wishes verifiable

Start by identifying the properties you want to decide on: room layout, outdoor areas, access and essential fittings. Assign each promise the relevant construction description or plan version. An attractively drawn item will not be entered as a binding included service without verification.

For special requests, record exactly what is to be changed, who will carry it out and what consequences for price and deadlines are envisaged. Have the appropriate legal amendment route determined. A spontaneous agreement on site is not a fully reviewed contractual arrangement for the purposes of this article.

Plan the payment route according to the actual security model

§650v contains the special basis for agreed progress payments. [ABSCHLAEGE] In the MaBV standard case referred to, §3 first names legal security and approval prerequisites and then construction‑process related partial amounts. [ZAHLUNGSSCHUTZ] An invoice and a series of photos are therefore not yet the same proof of all prerequisites.

Have the model used for your project explained to you. §7 allows, under its conditions, a deviating security framework. [ANDERES-SICHERUNGSMODELL] This article does not treat an unknown guarantee as a blanket authorisation for any advance payment. Clarify content, evidence and scope with the competent adviser.

In addition, your own bank needs an actual disbursement plan. Match the available funds to the scheduled payment instalments. The legally reviewed instalment must also be serviceable from your concrete financing position. Conversely, available money does not replace a missing legal payment prerequisite.

Separate the construction plan from your secured housing plan

Record which dates are stipulated in the contract and which details are merely planning statuses. Ask about the intended treatment of a delay, rather than assuming an unchanged move‑in as certain. The legal assessment of a scheduling agreement belongs in the contract review.

For your own decision you should also consider the accommodation you will still need, possible interim storage and the moving process. The text does not name a blanket time buffer and confirms no specific claim for replacement costs. It shows which dependencies you should be aware of before committing.

Fictional case: The show apartment fits, the overall project does not yet

A couple convinces themselves at a show apartment of materials and layout. Some shown characteristics are still unclear in the intended scope of services. At the same time their current accommodation only lasts until the hoped‑for move‑in, and the bank has not yet reviewed the actual instalment plan.

They now bring together proof of services, security model, financing and housing dates. Only after that will they decide which points must be clarified before committing. The example does not assume any project defect. It shows why a suitable show unit does not replace a fully prepared purchase decision.

Prepare the later completion of the construction phase early

Clarify which technical supervision and which documents are sensible for your property. Handover of possession, acceptance and complete completion are explained separately in the intended process.

Keep the binding service descriptions and the technical responses so that they can later be compared with the actual condition. Outstanding works and their completion need a comprehensible attribution. The final purchase decision is not just “we like it”, but states why service, protection, money and time fit together on the actually reviewed basis.

Sources and context

Created with the help of AI and editorially reviewed. General guidance only; not individual legal, tax or financial advice. Errors and later changes are possible.