The purchase has been notarised, but the regular handover has not yet taken place. In the fictitious German case Paul would like to remove floor coverings and have new work carried out already, so that he can move in earlier. The seller would, in principle, be willing to let him in. However, that friendly consent does not yet answer what happens to work that has been started in the event of damage, a delay or a failure to complete the transaction.
The following comparison is an editorial decision aid. It does not replace the legal structuring of an early use, nor building planning, insurance clarification or the review of the specific purchase contract.
Option one: The actual works start later
Paul can first prepare quotes, planning and material selection and only have the work carried out after the contractually appropriate handover step. This forfeits part of the time gain he wanted. In return, he does not have to assume the same execution and advance-performance risks already in this phase.
This variant also needs a realistic schedule. The non-binding availability of a firm will not be entered as a certain construction start. If a moving date would only be achievable with immediate renovation, Paul should additionally consider a temporary solution. That is a deliberate alternative and not a statement that any postponement would be free of charge or without problems.
Option two: Consider a clearly limited early use
If early works are still desired, the scope will be described precisely. An appointment for taking measurements is a different activity from removing fixtures or opening building elements. Granting access to a specific firm also does not automatically answer who may give an additional contract.
Our recommendation: Submit the intended activities and responsibilities in advance to the contract drafting and to the respective competent specialised offices. Which consent, usage regulation and safeguards fit the existing purchase contract will be clarified there. Paul should not use a self-added standard formulation “Renovation at one’s own risk”, the consequences of which he does not understand.
Keys and purchased materials do not yet create land ownership
§ 873 BGB requires agreement and registration in the land register for the transfer of ownership in principle. An early key or a paid tradesman’s invoice does not replace this. [EIGENTUM]
There is also a special installation question: If material becomes an essential component of the property, ownership of the property extends to it under § 946. §§ 94 and 95 distinguish between components and statutory exceptions, for example in the case of only temporary insertion. [VERBINDUNG] [BESTANDTEIL] [AUSNAHME] Therefore it is not promised here that every paid installation could at any time be taken away again as a separate item. Compensation, removal and reinstatement must be examined separately on the basis of the actual design.
Play through the abandonment case before work begins
Paul does not only ask what happens if everything proceeds as planned. He also considers a delay, a dispute over the condition and a case in which the purchase is not completed as expected. Who would have to account for which already executed performance? Which documents would prove the original condition and the authorised work? Who would be the contact in the event of damage?
The answers should fit the actual contract. A firm can issue an invoice even though the property transaction is still open; Paul should therefore not base his payment schedule solely on the expected move-in. The article does not decide any concrete liability or reimbursement claims.
Compare the time saved with the tied-up money
In the made-up example Paul would spend €8.000 on executed services and materials before the regular handover. That sum would no longer be his freely available contingency reserve in the meantime. Against it stands a hoped-for earlier move-in, the prerequisites of which are not yet confirmed.
Paul therefore writes down which demonstrably achievable benefit is opposed to the expenditure. A mere wished-for number of saved months’ rent is not enough. He also checks whether a smaller preparatory activity improves the process without already triggering irreversible work. This does not itself assess the technical permissibility of individual measures.
Make a decision with a clear boundary
In the example one essential settlement question remains unresolved. Paul therefore postpones the actual intervention and uses an agreed appointment only for planning. Another case could, after full clarification, lead to a limited earlier use.
What matters is that the chosen option is understood and suitably agreed. Early renovation is an independent economic and legal decision within the purchase; it should not arise unnoticed from a briefly borrowed key.