Snagging and handover: inspecting a new apartment abroad

The handover of a new apartment is the last moment when you hold leverage. Before you sign the acceptance protocol, the developer wants something from you; afterwards you are one of many owners with a list of complaints. For an owner who lives in another country the temptation is to sign quickly, take the keys and fly home. This guide explains how to do the handover properly, remotely if you have to. It is informational, not legal advice, and the rules differ by country and by contract.

What snagging is

A snag is any defect or unfinished item: a scratched window, a door that rubs, a tile that sounds hollow, a socket that does not work, damp in a corner, a balcony drain that does not drain. Snagging is the systematic inspection that produces a written list of these items, which the developer must fix by a stated date. The term comes from the UK, but the logic applies everywhere: what you record before accepting the unit is easy to prove; what you discover after moving in, or after months of absence, is a dispute.

Use an independent inspector

The developer's own representative will walk you round and say that most items are minor. An independent inspector (a building surveyor, an architect or a technical engineer) works for you. Ask for a written report with photographs, ideally with a moisture meter and a thermal camera for damp and insulation. Find the inspector yourself, not through the seller, and book the visit before the formal handover date, so that there is time to fix things. If you cannot attend, the inspector can attend on your behalf, usually together with a lawyer or agent holding a power of attorney. A preliminary inspection about a week before the handover is common practice.

On the day: what to check

• Measure and compare. Check that the area and layout match the contract and the plan, and that finishes, appliances and fittings match the specification you signed.
• Walls, floors, ceilings. Cracks, uneven paint, loose or hollow tiles, damp, mould, gaps at the skirting.
• Windows and doors. Open and close every one, check seals, locks, handles, shutters, balcony doors and the front door.
• Water. Run every tap and shower, flush every toilet, fill the sinks and check the drains and the pressure, then look under the sinks for leaks.
• Electrics. Test sockets and switches, the distribution board and the intercom. Check air conditioning, heating and the water heater, and ask to see them working.
• Common areas. Lift, entrance, parking, pool, waste rooms, roof. The part you own is only one piece of the building.

Write each item down with a photo and a location. Make one list, with a date, and ask the developer to sign that it received it.

Meters, keys and utilities

Photograph all meter readings (electricity, water, gas, heat) at the handover and note the meter numbers. Check that the meters are registered for the right unit. Ask who opens the supply accounts: in many countries the new owner has to sign supply contracts in their own name, which often needs a local tax number and a local bank account. Count the keys, remote controls, access cards and codes, and write the number in the protocol. If you are not present, decide in advance who holds a set. The related issue of the service charge starts at handover too; see total cost of ownership abroad.

Documents to ask for

Exact names vary by country. In general, ask for:

• the completion or occupancy document issued by the local authority, which confirms that the building may be used as housing;
• the energy performance certificate;
• the technical file or building book, with warranties and manuals for appliances and equipment;
• the insurance certificate of the building or of the structural warranty, where the country requires one;
• the registration documents: title deed, or its equivalent, and confirmation that no mortgage or charge remains on the unit;
• the service-charge accounts and the rules of the owners' association.

If the building has no completion or occupancy document, you may be unable to connect utilities legally or to sell later. This is the point to involve your lawyer. See also how to verify a developer abroad.

Defect periods: examples by country

Defect rules are national, and your contract can add or limit them. The following are summaries to discuss with a local lawyer, not guarantees.

Spain. The building law (LOE, article 17) sets three warranty periods counted from acceptance of the work without reservations: one year for finishing defects, three years for defects affecting habitability (including installations), and ten years for structural damage. The claim must be brought within two years of the damage appearing (article 18). Read the official text on the BOE and see Spain: new build vs resale.

Portugal. Court summaries describe a five-year guarantee period for building defects, with a duty to notify the defect within one year of discovering it and a limited time to sue after notification. Check the exact periods with a Portuguese lawyer; see Portugal: new build vs resale.

Greece. Reported sources point to a ten-year contractor liability for building defects under the Civil Code. Confirm how it applies to your purchase; see Greece: new build vs resale.

Cyprus. Local commentary has reported that there is no clear statutory defect period for apartments, so the sale contract and the developer's warranty matter more. Read them carefully; see Cyprus: new build vs resale.

UAE. In Dubai the developer's liability for structural defects is reported as ten years from the completion certificate, with a shorter period for mechanical, electrical and plumbing works and a defect period (often one year) in the sale contract. Rules differ by emirate; verify them with the land department and see Dubai off-plan purchase checklist.

In all cases the clock normally starts at acceptance, and some rights depend on notifying defects in writing within a deadline. Send notices by a method that proves delivery.

What not to sign

• A protocol that says the unit was accepted "without remarks" when your list is not attached.
• A "final" acceptance that waives all later claims, including hidden defects.
• A blank or undated form, or one in a language you cannot read with no translation.
• Handing over the last payment or retention before the main snags are fixed, unless the contract says otherwise. Ask your lawyer.
• Utility, management or furnishing contracts offered at the desk as "standard", which you have not read.

You can accept with reservations: sign, but attach the list of defects and a deadline for repair. Then re-inspect and confirm in writing that each item is closed.

FAQ

Do I have to be there in person? Not necessarily. A representative with a power of attorney, or an inspector instructed in writing, can attend. Check that the developer accepts it and that the power of attorney is valid in that country.

How long does the developer have to fix snags? It depends on the contract and local law. Ask for a date in writing, and ask what happens if it is missed.

Should I accept an apartment with open snags? Often yes, with reservations and a written list, if the defects are minor and the contract permits. For serious or structural problems, take legal advice before signing anything.

What if I find defects months after the handover? Notify the developer in writing as soon as you find them, and keep photos and dates. Deadlines run from acceptance or discovery, so do not wait.

Is an independent inspector worth the cost? For a remote owner, usually yes: the report is evidence, and the fee is small compared with the price of the unit.

How we help

D.H. Realting is a trilingual platform (Russian, Polish, English) that finds properties and coordinates independent local lawyers, surveyors and tax advisers. We can help you prepare for the handover and find an independent inspector. This text is informational and is not legal, tax or investment advice; rules change, so verify the current rules with a local professional.