Before you sign or pay for an under-construction (off-the-plan) home, verify exactly what is being sold, what the contract allows the developer to change, where your deposit is held, whether the project and title can legally be completed, and whether you can still finance the purchase if completion is late or the valuation falls. Have a property lawyer or conveyancer review the complete contract and disclosure pack, confirm approvals and services independently, obtain written insurance and warranty terms, and reserve a contractual right to an independent handover inspection.
Why an under-construction purchase needs a different check
You are committing to a future home rather than inspecting a finished one. Drawings, computer images, display finishes and sales conversations may not describe the final product as precisely as the signed contract. The property’s market value, your income, lending rules and interest rate can also change during a long build. NSW Government guidance warns: “When you buy off the plan, you are paying for a property where the end product may not only differ from what you expected but also be worth less than you have paid by the time it is finished.”
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The contract, incorporated plans and specifications, disclosure documents and local law determine your actual rights. Rules on deposits, cooling-off periods, sunset clauses, warranties, taxes and inspection access vary by the home’s jurisdiction. Treat the following as a due-diligence framework, then have a local professional apply the law to your contract.
1. Define the exact home and collect every document
Do not rely on a brochure or a reservation form. Obtain the complete draft contract and all documents that will be incorporated into it before signing or paying. Ask for a written list if the seller says a document is not yet available.
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Confirm the asset
- Lot, apartment or townhouse number; floor; orientation; aspect; land area; boundaries; and the title or tenure type.
- Parking bay, storage cage, garden, roof terrace or other exclusive-use areas, including their dimensions and legal status.
- Shared or common property: driveways, lifts, gyms, pools, gardens, plant rooms and any facilities that will carry ongoing management costs.
- Whether the purchase is one contract or separate land and construction agreements. Ask a lawyer how delay, variation or termination of one agreement affects the other.
Obtain the contract pack
- Sale contract, every schedule, annexure and definition, plus the latest registered or proposed plan.
- Detailed specifications and finish schedule: structure, windows, insulation, appliances, cabinetry, sanitaryware, flooring, paint, landscaping, fencing and heating or cooling.
- Disclosure statement, draft strata or owners-corporation documents, by-laws, budget, levies and proposed management arrangements.
- Planning and building approvals, development conditions, construction program and any occupation, completion or compliance certificate requirements.
- Site plan, utility and infrastructure plans, easements, covenants, restrictions, proposed roads and rights affecting the land.
- Any incentive, upgrade, rebate or promotional promise. Have every verbal representation written into the contract or an attached schedule; an unrecorded promise is difficult to enforce.
Compare the signed plans and specification line by line with samples and the display home. Mark each item as included, excluded, provisional or subject to substitution. A display home is an example, not proof that its fixtures, landscaping or furniture are part of your lot.
2. Check the seller, builder, land and approvals
Identify who carries each responsibility
Record the legal names of the seller, developer, builder, head contractor and any entity responsible for defects. Ask for verifiable licensing and project information available in the local jurisdiction. The entity selling the home may not be the entity constructing it or providing the warranty, so the contract should state who must perform each obligation and who you contact if work stops.
Search title and planning records
Obtain a current title search or equivalent registry record. Check the registered owner, mortgages, easements, covenants, restrictions, leases, access rights and proposed dealings. Ask the relevant planning authority about zoning, approved use, development conditions, road widening, heritage controls, flood or environmental constraints and nearby proposals that could affect outlook, noise or access. Consumer Affairs Victoria’s due-diligence checklist treats planning advice, title encumbrances and permits as separate checks; do not assume a sales agent’s summary covers them.
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Verify approvals and registration
Ask which planning and building approvals have been issued, which conditions remain outstanding and who must satisfy them. For a subdivision or strata project, check the expected registration of the plan, titles or unit plan and the consequences if registration is delayed. A contract may permit termination, extensions or changes when registration is late; those provisions need legal advice before exchange.
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Confirm services and shared works
Get written confirmation of the status, connection date and payer for water, sewer, electricity, gas, telecommunications, internet infrastructure, drainage, roads, footpaths and street lighting. Clarify whether connection charges, authority fees, temporary access, retaining walls, landscaping or unfinished common facilities can be charged to you through the price, a levy or a later variation. Ask who maintains and insures shared areas between practical completion and handover.
3. Read the contract for control, change and exit rights
Have a local property lawyer or conveyancer explain the contract in writing before you sign or pay. Ask for the clause number and practical effect of each answer.
| Contract issue | What to establish | Why it matters |
|---|---|---|
| Plans and inclusions | Which drawings, dimensions, fixtures, finishes, appliances, landscaping, parking and common facilities are contract documents. | Marketing material may not be enforceable unless incorporated. |
| Variations and substitutions | Changes the developer may make without consent; definition of a material change; notice, objection, compensation or rescission rights. | A substituted finish, smaller area or altered outlook can affect use, value and finance. |
| Completion | Target date, permitted extensions, events that stop the clock, practical-completion standard and required certificate. | A target date without a firm remedy may leave you paying costs while waiting. |
| Long-stop or sunset clause | Final date for completion or registration, who may invoke it, notice requirements and what happens to the deposit. | Some contracts let the developer terminate or extend; your right to exit may be narrower. |
| Developer termination | Grounds for rescission after exchange, including finance, approvals, sales targets or registration, and the buyer’s compensation or cost exposure. | You could lose time and incur rent, valuation or legal costs even if your deposit is returned. |
| Assignment or resale | Whether you may transfer the contract, required consent, fees, marketing restrictions and tax consequences. | A changing job, relationship or finance position may otherwise leave you unable to exit. |
| Inspection and defects | Pre-settlement access, independent inspector rights, notice method, defect period, evidence standard and dispute route. | If access or notice is not contractual, obtaining repairs can be harder. |
| Separate agreements | How land, building, upgrade and owners-corporation documents interact if one is delayed, changed or terminated. | A failure in one agreement may not automatically cancel the others. |
4. Understand what can change after you sign
Ask for a schedule listing every permitted tolerance: floor-area measurement, ceiling height, balcony dimensions, window position, orientation, materials, colour, appliance model, landscaping, parking and common facilities. Distinguish a minor equivalent substitution from a change that affects suitability, accessibility, light, storage, resale or running costs.
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Require the contract to state how and when a proposed change is notified, how you object, whether an independent valuation or compensation applies, and when you may rescind. NSW guidance notes that material changes can affect a home’s use or enjoyment. ACT disclosure guidance provides for disclosure and updates when significant changes occur. Those principles do not create identical rights elsewhere; your lawyer must check the local statute and the wording of your contract.
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5. Protect the deposit and learn the local cancellation rules
Before transferring money, confirm the stakeholder’s legal name, account or security arrangement, whether the money earns interest, release conditions, and who receives it at settlement. Ask what happens if the developer becomes insolvent, the contract is terminated, registration fails or a dispute arises. Keep the receipt and written confirmation of custody.
| Jurisdictional example | Published rule or guidance | How to use it |
|---|---|---|
| New South Wales | Official guidance describes off-the-plan deposits and instalments being held by a stakeholder in trust or a controlled-money account during the contract period. It describes a 10-business-day off-the-plan cooling-off period and 0.25% forfeiture on withdrawal. | These are NSW rules, not a universal standard. Confirm current exceptions, notices and calculation with a NSW professional. |
| Victoria | Consumer Affairs Victoria describes a 10% deposit cap and an 18-month default in a particular subdivision-registration context, alongside rules about sunset clauses. | The figures apply only in the stated Victorian context. Check the contract, property type and current legislation. |
| Australian Capital Territory | Disclosure guidance requires information and updates about significant changes, approvals and unit-plan matters. | Ask which disclosure was supplied, what has changed and what remedy the ACT contract provides. |
| United Kingdom | Cooling-off, exchange, reservation and warranty arrangements depend on the contract and applicable scheme; no single period is stated here. | Have a UK conveyancer explain deposit protection, exchange consequences and the developer’s long-stop rights. |
Never assume a cooling-off period applies because a salesperson mentioned one, and do not assume a deposit is refundable if the lender later declines finance. Ask your lawyer to identify the exact notice deadline and forfeiture consequence before you commit.
6. Stress-test the price and your financing
Prepare a completion budget, not just an exchange budget. Include the deposit and balance, transfer or registration taxes, legal and lender fees, valuation fees, utility connections, furnishings, moving costs, upgrades, strata or owners-corporation levies, insurance, rates and likely maintenance. Obtain written prices for options and selections; “included” may cover a basic model only.
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- How long is the approval valid, and what must be reconfirmed before settlement?
- When will the lender order its final valuation, and must the completed property meet particular size, access, occupancy or certification criteria?
- What happens if the valuation is below the contract price or your income, debts or interest rate have changed?
- Can the lender extend approval if construction runs past the expected date, and what evidence will it require?
Your lender’s valuation is not a condition survey. GOV.UK’s How to buy a home states: “This is not a survey – valuation does not protect you if something goes wrong with the property and may not even include a physical inspection of the property.” A lower valuation can create a cash shortfall even when the home is finished correctly.
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Model three adverse scenarios
- Delay: add rent, storage, temporary accommodation, rate-lock or approval-renewal costs for several additional months.
- Valuation gap: calculate the cash needed if the lender finances a percentage of a lower completed value rather than your contract price.
- Changed circumstances: test a higher interest rate, reduced income, new debt or a failed sale of your existing home.
Keep a contingency that remains available at settlement. Conditional approval is not a promise of final funding, and a contract may make your finance problem your responsibility.
7. Check insurance, statutory warranties and defect remedies
Request the actual policy, certificate and warranty wording rather than relying on a brochure. Confirm:
- Who is insured or protected: buyer, owners corporation, subsequent owner or lender.
- Which structural and non-structural work is covered, for how long, and from what date the period runs.
- Exclusions for appliances, landscaping, owner-supplied items, wear, maintenance, cracking, water ingress or design changes.
- How to notify a claim, required evidence, inspection rights, response deadlines and dispute or escalation route.
- What protection remains if the developer or builder becomes insolvent, disappears or cannot return to repair work.
- Whether building height, number of storeys, contract value or construction type changes eligibility.
Coverage differs by jurisdiction and building type. NSW home building compensation arrangements, ACT statutory warranties and UK new-build warranty schemes have different thresholds, exclusions and claim paths. ACT guidance says residential building work over $12,000 carries statutory warranties; verify the current threshold and the warranty period for your contract. Do not import a warranty period from another state or country.
8. Arrange a proper handover inspection
Ensure the contract expressly permits a pre-settlement or pre-handover inspection at a useful time and allows an independent qualified building inspector or surveyor to attend. ACT guidance notes that inspection access depends on the contract and may not be available for some off-plan purchases. Negotiate access before signing rather than assuming a legal right later.
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Use an independent inspector
A mortgage valuation confirms lending risk, not workmanship. A qualified inspector should assess the completed home against the contract and identify incomplete, unsafe or defective work. Ask what credentials and reporting standards apply in your locality.
Record and notify defects
- Compare room dimensions, windows, doors, appliances, finishes, parking, storage and landscaping with the signed plans and inclusions.
- Check doors and windows, locks, floors, walls, ceilings, paint, cabinetry, waterproofing indications, drainage, plumbing pressure, electrical fittings, ventilation, heating and cooling.
- Inspect common areas, lifts, fire and access systems, promised amenities and unfinished external works where you have lawful access.
- Photograph each issue with the date and location; number items on a written defect list.
- Send the list through the contract’s required notice channel within the stated period, keep delivery evidence and request a written repair schedule.
- Reinspect agreed repairs and retain all reports, invoices, correspondence and photographs for warranty or dispute use.
Do not sign a broad acknowledgment that the work is complete or waive claims without legal advice. If settlement must occur before every item is fixed, ask your lawyer about a contractual retention, undertaking or other remedy that is lawful in your jurisdiction.
9. Compare developments on risk, not just price
Use the same questions for every project so a lower headline price does not conceal weaker protection.
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|---|---|---|
| Contract certainty | Variation, substitution, extension, sunset and developer-termination clauses. | Who controls change and who can walk away? |
| Approval and registration | Planning and building approvals, conditions, title or unit-plan registration status. | What remains capable of delaying legal completion? |
| Deposit protection | Stakeholder details, trust or controlled-money arrangement, release and refund terms. | Where is the money and what happens on insolvency or termination? |
| Delivery record | Verifiable builder identity, licensing and realistic program. | Can the promised completion date withstand likely extensions? |
| Actual specification | Signed plans, finish schedule, inclusions and substitution rights. | Would the completed home still suit you if an equivalent product is substituted? |
| Warranty and insurance | Policy certificates, statutory warranty terms, exclusions and claims route. | Who pays if a defect appears or the builder cannot repair it? |
| Total ownership cost | Taxes, legal fees, connections, levies, service charges, rates, insurance and maintenance assumptions. | What is the realistic cash requirement at settlement and each year afterward? |
| Finance resilience | Approval expiry, valuation process, loan-to-value limits and shortfall plan. | Could you complete if the value or your borrowing capacity falls? |
| Inspection and enforcement | Access clause, independent inspector rights, defect period and dispute process. | Can you document and enforce repairs before and after settlement? |
10. A practical due-diligence sequence
- Before paying a reservation fee: identify the contracting parties, obtain the draft contract and disclosure pack, and ask whether the fee is refundable and held separately.
- Before signing: have a local lawyer or conveyancer review title, approvals, deposit custody, inclusions, variations, delay, termination, assignment, inspection and defect clauses.
- Before finance becomes unconditional: obtain lender guidance on approval validity and final valuation; run the delay, valuation-gap and changed-circumstances budgets.
- During construction: request written progress updates, approved changes and revised completion estimates. Keep a dated file of every notice, drawing and promise.
- Before settlement: confirm registration, required certificates, utilities, insurance, warranty documents and the contractual inspection appointment.
- At handover: inspect independently, photograph defects, issue notices exactly as required and obtain a written repair timetable.
- After settlement: diarise warranty and defect deadlines, retain records and escalate unresolved items through the contract, insurer, regulator or tribunal route available locally.
11. Warning signs that require a pause
- You are asked to sign before receiving the full contract, disclosure statement or plans.
- The seller refuses to identify the builder, stakeholder for the deposit or entity responsible for defects.
- Material promises appear only in emails or conversations and are absent from the contract.
- The contract gives broad substitution or extension rights but no clear notice, compensation or exit mechanism.
- Approvals, title registration, utilities or occupation certification are described as “expected” without documentary evidence.
- The deposit must be paid to an unrelated account or released before the contract conditions are satisfied.
- Your lender will not confirm approval duration or the process for a final valuation.
- Inspection access is denied, restricted to a brief developer-led visit or excluded entirely without a clear legal explanation.
Any one of these issues merits a written explanation and professional advice. Several together are a reason to pause the transaction until the documents and protections are clear.
12. What the location changes
The shared principles—document the promise, verify the project, protect the deposit, plan for delay, and inspect independently—are broadly useful. Legal deadlines and remedies are not interchangeable. Confirm local law for:
- Cooling-off, reservation and exchange rules.
- Deposit caps, trust or stakeholder requirements and refund rights.
- Sunset or long-stop clauses and whether the developer needs consent to terminate or extend.
- Strata, owners-corporation or unit-plan disclosure and registration.
- Building permits, completion certificates, statutory warranties, insurance thresholds and defect periods.
- Transfer taxes, registration charges, foreign-buyer rules and lender requirements.
Consumer Affairs Victoria’s due-diligence material was updated 17 July 2025, but even a recent government page does not replace checking the law and contract that apply to your particular property. Use the relevant land registry, planning authority, consumer regulator and a local lawyer or conveyancer.
Bottom line
An under-construction home is a contract and financing commitment before it is a physical inspection. Proceed only when the asset, inclusions, approvals, title, deposit custody, change rights, completion remedies, warranty protection, total cost and inspection process are documented and independently checked. If you cannot explain how you would complete after a delay or lower valuation—or how you would recover from a serious defect—your due diligence is not finished.
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