How to Check a New-Build Property Before Buying in 2026: Permits, Land, Special Property Rights, and Court Disputes

How to Check a Developer Before Buying an Apartment?

When providing legal support for an apartment purchase at a client’s request, a lawyer checks the developer and the companies involved in construction and attracting investors. This includes reviewing registration documents, the construction permit, urban planning documentation, ownership rights to the land plot, and other relevant documents. The next step is to search the relevant registers for mortgages, liens, arrests, and court proceedings related to the construction project, the developer, and other companies involved in the project.

How to Check the Land Plot Under a New-Build Property?

The right to use a land plot for development must be properly documented, and the use of the land must comply with its designated purpose. Otherwise, the developer risks losing the construction permit, while investors risk losing their money. If the developer is reconstructing a destroyed building on the same land plot, the land rights should still be checked. Modern projects often include infrastructure development on the land in front of the building, such as playgrounds, parking spaces, and generator areas. Therefore, construction may extend beyond the foundation of the destroyed property.

What Land Documents Should a Developer Have?

The developer should have documents confirming ownership of the land, such as an extract from the State Register of Real Rights to Immovable Property (SRRR), a sale and purchase agreement, or inheritance documents.

If the land plot has been leased, there should be a lease agreement granting the right to develop the land and remaining valid throughout the construction period, or a superficies agreement granting the right to use another person’s land for the construction of a real estate property.

The developer should also have an extract from the State Land Cadastre — essentially a “passport” of the land plot containing key information, including its cadastral number, area, designated purpose, and boundaries.

How to Check a Building Permit in 2026?

A building permit can be checked on the website e-construction.gov.ua. To obtain the necessary information, you should enter the cadastral number and the details of the construction client. The more recent the building permit, the more information is available on the website.

However, it should be taken into account that court proceedings challenging the permit may be ongoing at the same time. Therefore, permit documentation should not be considered separately — it is also necessary to check whether there are any disputes concerning the land plot.

What Is a Special Property Right (SPR)?

A special property right is a property right to a future real estate property (an apartment, office, or non-residential premises that are under construction and have not yet been commissioned). It is registered in the State Register of Real Rights to Immovable Property (SRRR) and contains the relevant details of the right while the property is still under construction.

Why Is a Special Property Right Important for a Buyer?

Previously, property rights to future real estate properties were not entered into the register. As a result, there was a risk that the same apartment could be sold several times to different clients. This led to court disputes related to fraud.

This is why the special property right was introduced. If a buyer purchases rights to a future real estate property from a developer, those rights are immediately registered in the relevant register, making a double sale impossible.

Initially, the SPR belongs to the developer or the construction client. If it is transferred — for example, sold in full — the SPR is transferred to the new buyer under a notarised agreement. There are also two options when purchasing an SPR in instalments.

Under the first option, the SPR may remain registered in the developer’s name, but an encumbrance is imposed stating that, once the purchase price has been paid in full, ownership of the apartment will be transferred to the buyer.

The second option is for the construction client to register the right in the buyer’s name. However, because the full purchase price has not yet been paid, an encumbrance is imposed in favour of the developer. Until full payment is made, the property cannot be transferred to another party.

How to Check a Special Property Right to an Apartment?

To check the SPR for an apartment in a new-build property, you need to obtain an information extract from the State Register of Real Rights to Immovable Property (SRRR). It can be requested from a notary who has access to the SRRR or from a state registrar of real property rights. The lawyers of DE-JURE are authorised to obtain this information under a special permit.

How to Check Ownership of an Apartment?

Ownership of an apartment can be checked in the same way as an SPR — by requesting an information extract from the SRRR. To identify all the risks associated with purchasing an apartment in a new-build property, it is advisable to engage DE-JURE for legal due diligence and support. A lower price may, in fact, indicate greater uncertainty and investment risk.

What Court Disputes May Indicate Risks Associated with a Developer?

Court cases involving a developer can be divided into categories according to their level of risk. The most serious are disputes concerning the right to use the land plot, including disputes over a land lease agreement or the legality of its acquisition. This category also includes disputes concerning the legality of acquiring the land plot on which a building is being reconstructed using the existing foundation.

The next category includes disputes concerning the building permit, construction documentation, and urban planning restrictions. If these documents are challenged or cancelled, construction may become impossible. Disputes between the developer and the development company, as well as corporate disputes between shareholders or founders concerning the allocation of rights to properties or the management of the company, are also important. If there is no coordinated cooperation within the company, this may jeopardise the implementation of the construction project.

The final category is disputes with investors. Investors may fail to comply with the terms of their agreements, in which case the developer may terminate the agreement and seek recovery of the funds through court proceedings. Alternatively, a dispute may be brought against the developer itself due to misconduct or failure to fulfil its obligations towards investors.

What Signs May Indicate a Problematic New-Build Property?

Checking a new-build property before purchase helps identify risks and potential problems in advance. Signs of a problematic new-build property may include:

• lack of the required permits and construction documentation;
• the developer’s refusal to provide information about the property;
• the land plot being used inconsistently with its designated purpose;
• court disputes involving the developer or contractors concerning the property;
• inadequate communication between the developer (construction client) and investors;
• a prolonged and slow construction process, with little or no progress for months;
• a lack of completed and commissioned projects in the developer’s track record.

A low price and constant promotional discounts on apartments may indicate difficulties in raising funds and questionable prospects for completing the construction project.

How to Check a New-Build Property for Court Cases?

A property can be checked for court disputes using official government resources online. The main portals include:

• Unified State Register of Court Decisions (USRCD) — allows you to check information about the developer and related companies. It is advisable to search not only by company names but also by the cadastral number and address of the new-build property;
• State Register of Real Rights to Immovable Property (SRRR) — contains information on restrictions, transfers of title, and prohibitions related to the land plot;
• case status on the “Judicial Power of Ukraine” portal — allows you to see the current stage of court proceedings, appeals, or cassation proceedings, as well as the date of the next hearing;
• Unified Register of Debtors and publicly available enforcement service data.

Checking court cases independently does not always allow you to properly assess all the risks. For example, you may fail to notice that a case has not yet been finally resolved because appeal proceedings are still ongoing and may change the court’s decision. Book a legal consultation to receive a professional assessment of the risks.

What to Consider When Signing an Apartment Purchase Agreement in a New-Build Property?

Before making a purchase, you should carefully read the apartment purchase agreement and make sure that its terms adequately protect the rights of both the buyer and the developer. The agreement should clearly specify:

• the construction completion deadlines (without using vague terms such as “approximately”) and the circumstances under which they may be extended;
• the parties’ liability for breaches of the agreement;
• the grounds for terminating the agreement;
• the procedure for transferring the apartment to the buyer;
• the characteristics and specifications of the apartment.

The description of the apartment should correspond to the project documentation. You should also make sure that the developer cannot unilaterally amend the terms of the agreement or demand additional payments that were not previously agreed upon.

Developer Instalment Plans: What Legal Risks Should Be Considered?

An instalment plan offered by the developer allows you to invest in a new-build property by making payments in instalments without involving a bank. This arrangement does not create additional risks for the investor. However, the investor should carefully review the terms of the instalment plan, including any additional payments, deadlines for commissioning the apartment, penalties, and other conditions, and comply with them strictly.

When Should You Consult a Lawyer Before Buying an Apartment?

You should consult a lawyer before purchasing an apartment once you have selected a developer and are ready to sign an agreement with them. Ideally, you should seek legal advice several days before signing, so that the lawyer has sufficient time to review the developer’s documents, check for court disputes, and provide legal conclusions.

Common Mistakes When Buying a New-Build Property

Buying an apartment in a new-build property always involves certain risks, and the earlier the stage of construction, the greater the risks. Problems may arise at any stage, and it is hardly possible to completely eliminate all risks under wartime conditions. Nevertheless, engaging a lawyer for legal due diligence and transaction support can help avoid risks related to land ownership rights and construction documentation, as well as fraudulent financing schemes.

Frequently Asked Questions

How Can I Check an Apartment in the Real Estate Register?

To check an apartment before purchasing, you can request an extract from the State Register of Real Rights to Immovable Property (SRRR) from a notary or state registrar. The extract contains information about the owner, acquisition of ownership rights, and any encumbrances.

Can I Check a Developer Online?

There are many online tools available for checking information about a developer. In particular, information about building permits is available on e-construction.gov.ua, while information about court cases involving the developer can be found in the SRRR and other official government resources.

Is It Safe to Buy an Apartment at the Foundation Stage?

Buying an apartment at the foundation stage is the riskiest type of investment. The earlier the stage of construction and the further the project is from commissioning and registration of ownership rights, the greater the risks. Illegal construction, economic crises, regulatory violations, rising prices, and the overall economic environment can all affect whether the construction project is completed and how long completion may take.

What Should I Do If a Developer Has Court Cases?

If a developer is involved in court proceedings, you should find out the circumstances and subject matter of the dispute, as not all court cases are critical. Some disputes may have already been resolved in favour of the developer, with the court decision fully enforced, but they may still remain recorded in the relevant databases.

Such cases may no longer pose any risk. However, not everyone is able to analyse court proceedings properly and determine their actual significance. Therefore, a legal analysis should be conducted to assess the level of risk for a particular investor.