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Buying an off-plan home: what to agree in writing before paying a deposit

Floor plans, finishes, payments and delivery dates should be reviewed together. This guide helps you prepare for discussions with the developer and a contract review.

A scale model of an apartment building beside architectural plans and material samples in a studio.

AI-generated illustrative image; it does not depict a listed property.

Identify the property and the seller

Buying off-plan means making part of your decision about a property you cannot yet visit in its completed form. Start by confirming the seller's identity, the property details and the project's status. Request the documents and clarify the difference between marketing images and the agreed specification.

The permanent land registry certificate lists current registrations and pending applications. Cross-check it against the project and ask about any registered charges and how they will be resolved on sale.

Link each payment to clear conditions

Ask for the contract to identify the unit, its areas and any included parking or storage. Floor plans and a schedule of finishes help define materials and equipment. Confirm how design changes or material substitutions will be handled.

Set out the deposit and later payments in a written schedule, with the conditions for each stage. Clarify the completion deadline, the expected date for the final purchase and the procedure if delays occur. Keep the agreed document versions and payment receipts.

Coordinate your purchase and financing timetable

A mortgage illustration obtained when construction starts does not guarantee loan approval on the same terms at completion. Check with the bank how long its offer remains valid, which documents it needs and when its assessment must be updated.

Have the contract legally reviewed before signing, particularly its financing, delay and default clauses. Article 442 of the Portuguese Civil Code sets out the deposit rules, but a delay does not automatically entitle the buyer to twice the deposit: the outcome depends on the circumstances and legal requirements. The cited court decision distinguishes delay from definitive failure to perform the contract.

Sources checked on 19 September 2026

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