The document basis is not sufficient yet.
Request the missing documents first. Without them, it is not possible to assess whether purchase price, escrow, handover or warranty are properly regulated.
A binding offer should not leave this gap open.
Condominium
Buying a new-build apartment from a developer: review BTVG payment plan and escrow security
New-build apartment purchase: check BTVG security, payment plan, construction progress, escrow and developer risk.
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BRANDAUER Rechtsanwälte
Salzburg law firm for real estate, property and corporate law
Every matter is handled by a coordinated team of lawyers, legal staff and specialists. In property purchase matters we look at the contract, land register, escrow and tax consequences together.
16 August 2026 · Mag. Bernhard Brandauer, Rechtsanwalt
When buying a new-build apartment from a developer, location, fittings and price are only part of the review. The decisive question is whether the contract links security under the Austrian Developer Contract Act, payment schedule and escrow handling coherently.
Buyers should check before signing when each instalment becomes due, which construction progress must be documented and what happens if completion, handover or condominium registration stalls.
This article focuses on the developer purchase case and does not repeat general escrow or condominium basics.
Quick check
Is this point clarified before signing?
Two questions show whether documents and contract wording fit together.
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Are the decisive documents available?
Draft contract, evidence and economic consequences must be reviewed together.
All paths at a glance
Overview of all answers.
The basis is documented, but the contract must be read carefully.
If documents and draft contract match, the starting point is better. Still check maturity, assurance, retention, withdrawal right and handover consequences in detail.
The risk is not sufficiently protected in the contract yet.
If the draft remains general, it should be revised before signing. Depending on the situation, a condition, purchase price retention, seller assurance or clear handover mechanism may be appropriate.
Why BTVG security and payment plan belong together
Why BTVG security and payment plan belong together
The Austrian Developer Contract Act protects buyers in certain payment situations before completion. The contract must therefore show whether a statutory security model applies and which payment schedule is used.
Basics on secure purchase price handling are explained on escrow and purchase price. The wider contract frame remains part of purchase contract review.
Payment, construction progress, escrow release and later registration must not be isolated points. They must work together in the contract.
Which evidence matters before an instalment
Which evidence matters before an instalment
An instalment should not become due only because a calendar date has arrived. Objective evidence of construction progress, security and agreed contractual requirements is decisive.
The checklist purchase price and escrow helps structure payment conditions.
If evidence is missing, escrow release should not happen automatically. The situation needs a document request, clarification or explicit contract solution.
Separate condominium registration from completion
Separate condominium registration from completion
A new-build apartment purchase may already be economically binding while steps toward condominium registration or completion are still open.
For that distinction, condominium and tenancy rights is the relevant background page.
The contract should regulate which documents must be delivered by when and what happens if registration or handover does not proceed as planned.
Do not treat developer insolvency as abstract
Do not treat developer insolvency as abstract
Developer insolvency risk is not a theoretical point. It determines whether payments are secured and what position the buyer has if the construction site is not completed.
The purchase contract risk check is a first orientation but does not replace legal review.
Clear security, verifiable escrow requirements and no payment without documented progress are especially important.
Review points
Which contract questions matter before payment
The overview shows which points should not remain open.
| Point | Evidence | Risk without review |
|---|---|---|
| Payment plan Progress and security reviewed | Payment without matching value | |
| Escrow Release linked to evidence | Purchase price flows too early | |
| Completion Dates and consequences regulated | Handover remains open | |
| Land register Registration path documented | Legal position remains unclear |
The concrete contract solution depends on the property and available documents.
Careful: This point should not be reviewed only after signing. Known risks belong into the contract, escrow and handover structure beforehand.
Receive current updates: Further practical information on property purchases and contract review is available through Brandauer News.
Frequent questions
Buying a new-build apartment from a developer: review BTVG payment plan and escrow security.
Does the BTVG apply to every new-build apartment? +
Not in the same way in every case. Contract structure, construction progress, payment before completion and the buyer position are decisive.
Can the developer request instalments according to progress? +
Yes, if an admissible security model and the contractual requirements fit. Each instalment should be linked to verifiable evidence.
What should be reviewed before the first payment? +
Review contract, payment plan, escrow requirements, security, construction progress and the path to later registration.
Further reading
Further content for contract review
Topics
DeveloperBTVGPayment planEscrowNew-build apartment
Reviewing a contract, arranging escrow, securing handover?
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