How to buy a new apartment from a developer?

ModernHouse 2023-11-15

Primary market - i.e. new, unused apartments and houses built by companies we call developers.
Even though these are new buildings, it is worth performing a few simple steps before making a purchase decision.

Remember that!

Regardless of whether you want to buy a property for cash or a loan, it is worth considering what you can afford with your budget.

It is worth creating the so-called a check-list, i.e. a set of questions that are worth going through and answering.

  • Why am I buying at all? For yourself or for rent?
  • How much can we spend?
  • What are your plans for the future, e.g. family...?
  • What job do you do?
  • What kind of lifestyle do you lead?
  • How much time will you spend in the apartment?
    Nowadays, many people work remotely, so it is worth considering an office room to be able to work at home in comfortable conditions.
    What matters most to you? E.g. balcony, basement, first floor, cardinal directions, or maybe finishing...?
  • What are your preferences? Specify the location where you want to live?
    A young person actively working will choose a different location than a family with two children, because... schools, shops, greenery... Also pay attention to communication with the city center and whether you are close to all urban amenities. Remember to have everything you need nearby: clinics, shops, pharmacies, schools, etc.

Choose an investment

In each place there are several key developers who have previously built several or a dozen investments. If someone has built 20 investments, most likely 21 will be designed and constructed to a similar standard.

Each larger developer usually has its own sales office. Just go to the developer and ask what is currently on offer. Developers often also have their own websites, so you can compare different offers while sitting at home and drinking tea.

Is it worth using the help of an intermediary??

The entire process of purchasing a new apartment can sometimes be overwhelming with a lot of responsibilities and information. You can, with a clear conscience, entrust this task to a trusted intermediary. A trusted agent can help by determining the price, square footage and location. Additionally, he will guide you through the formalities and ensure the security of your transaction.

Checking the contractor and who the developer is?

If you are looking for a new apartment, you will certainly find it useful to know that you are protected by the "Developer Act"
The Development Act, also known as the Act on the protection of the rights of the purchaser of a residential premises or a single-family house, contains guidelines for drawing up a contract between the buyer and the seller, in this case the developer. It must be signed in the presence of a notary and take the form of a notarial deed. The Act, which entered into force on April 29, 2012, obliges the seller to present an information prospectus and - at the client's request - to present the financial and legal status of the development project, thanks to which the transaction is completely transparent. As a result of signing a development agreement - in short - the seller undertakes to build an apartment or house and transfer the ownership rights to the property to the client, who in turn undertakes to pay the developer.

Remember that the two most important documents when purchasing a new apartment are the development agreement and the information prospectus.

Situations in which it was necessary to obtain ownership rights in court are very rare, but they do happen. To prevent possible complications, it is worth contacting a lawyer to help analyze the documents from the developer to make sure they do not contain any legal loopholes that may be to the detriment of the buyer. The cost of such assistance will be really low in relation to the purchase price of the property.

You can also check how a given developer builds by interviewing people who already live in the investment he built. Checking the National Court Register by entering the NIP (Tax Identification Number), name and place of business of the company may also help in obtaining a number of information about the company. The next thing you can do is check the land and mortgage register of the property being created. An agent, lawyer or notary who has experience in selling new apartments can help you with this.

The Internet is a mine of knowledge, so it is worth paying attention to the developer's website.

  • How is it created?
  • Is it transparent?
  • Are there customer reviews, etc.
  • Maybe the developer himself provides information about the investment...?

Do you want to renovate or maybe live right away?

Attention! Developers status

Be sure to familiarize yourself with the developer's offer and what developer status means in his company. There are different models that developers rely on. The fact that the same developer provided high-standard and fully furnished apartments in previous investments does not mean that he will do the same when making another investment. For example, in new apartments we can expect entrance doors, windows with sills, balcony balustrades and installations. It is increasingly possible to order a turnkey apartment. In this case, you commission the entire renovation to a developer. This is a solution for conscious people who value their time, not money for renovation. We can choose from 3 apartment finishing options: basic, standard and premium.

How to pay for an apartment?

Practice and the Development Act show various ways of paying for a new apartment, e.g.:

  • One-off payment in the case of ready-made investments, i.e. the building is already constructed. We conclude a contract with the developer and pay the entire amount under the contract on a specific date.
  • Tranches - most often, the fee is paid throughout the entire investment period, often monthly or quarterly. This is usually related to the implementation of individual stages of construction works. The Act clearly states that there should be at least 4 more stages.
  • As for the percentage payment system, it can be noted that 10-25% of the property value was paid on the day of signing the preliminary agreement, and the remaining part is paid after the investment is completed..

Signing a contract with the developer.

Attention! All contracts signed with the developer should be in the form of a notarial deed.

The preliminary agreement is a kind of guarantee provided by the parties, in this case the buyer and the developer, that in the future they will sign a notarial agreement, i.e. the purchase of the apartment will take place.

Such a contract should specify who the parties to the contract are, i.e. who is buying from whom, a detailed description: square footage, price, method of payment and when the payment will take place and when the notarial deed will take place. The contract may contain various provisions, so it is worth being careful what you are signing.

Development agreement
Attention!

Before you sign the development agreement, read its provisions carefully and also read the information prospectus. It is worth using an expert in the form of a lawyer or a trusted real estate agent. It is worth knowing what conditions we agree to when signing a contract with a developer. Remember that under this agreement, the developer undertakes to build an apartment for you and then transfer ownership of the premises to the buyer. It is your responsibility to pay the fees. This is a form of security for both parties.
Before you sign a development agreement, the developer is obliged to provide you with a sample agreement so that you can read it.

The development agreement may contain various provisions such as:
  • parties to the contract,
  • commitment to build a building,
  • work schedule,
  • standard,
  • start and end date of work,
  • separation of a residential premises and transfer of ownership of this premises to the buyer,
  • when you can withdraw from the contract,
  • what will the refund of the funds look like?,
  • description of the property,
  • amount of contractual penalties and interest,
  • when there is a mortgage encumbrance, the contract must contain information about the bank's consent to the unencumbered separation of the residential premises and the transfer of its ownership after payment of the full price by the buyer.
Acceptance of the apartment and formalities

You can pick up a new apartment from the developer yourself, but a good specialist can help you notice many things that may not be important to you, but will significantly increase the price of finishing the property.
The most common defects are: thermal bridges, lack of right angles, incorrectly installed windows, upholstery and scratches in various elements. such as doors, windows, window sills, radiators, etc., poor quality of the floor screed, surface deviations, improperly mounted window sills, moisture.

As you can see, there is a lot of it. These are just some of the most common faults.

Transfer of ownership, i.e. a notarial deed, is the final document that culminates in the construction of the property and the transfer of ownership to the new buyer by submitting an application by a notary to enter the buyer as the owner of the apartment in the land and mortgage register.