Phase 3The 5% retention: what to do before the deadline passes
After the handover of a new-build home, 5% of the build price stays with the notaris as leverage to get defects put right.

Phase 1 · 5 min read
Check what is being built, which choices are needed early, and what you pay during construction.
With new-build you decide on a home before you can walk through it. The technical specification, the drawings and the purchase and construction agreement show what you are getting.
Budget for the construction period as well. Extras, interest and your current housing costs fall at different moments than with an existing home.
Go through the technical specification with the drawings beside it. Look up how the walls, the sanitary ware, the tiling and the kitchen will be delivered, and which connection points, heating and ventilation you get. Take the garden, the storage and the parking space along as well.
An artist’s impression can show extras that are not in the contract. Put anything missing into your budget as a cost of your own.
Look up in your agreement who is responsible for what, and what it says about the build time, the payment instalments, the conditions and the warranty. Where the build time is given in working days, ask how those are counted and what the contract says about delay.
An expected date from the sales conversation is not the same as a contractual handover date.
Include the land, the construction instalments, the interest during construction, your current housing costs and any temporary storage. The loan can be drawn from a construction deposit. Ask which interest and conditions apply to it.
Put the payment moments next to your budget. That shows you when you need your own money, alongside the amounts that run through the construction deposit.
Make three groups: technically necessary before handover, sensible now because later is difficult, and perfectly possible later.
Pipework and connection points are often early choices. Decoration and loose furnishing can usually wait. Ask for a priced list of extras and confirm changes in writing.
Note the closing dates for the kitchen, the sanitary ware, the tiling and the electrics. Check which work falls under the construction warranty and which is carried out by an outside party.
Keep the contracts, the drawings, the changes, the invoices and the photographs together. For any discussion, get out the latest agreed version of the drawing. That way you are discussing the layout including the changes you passed on earlier.
At the handover, go through the house, the installations and the extras with your documents to hand. Note every defect on the handover record, the written report of the handover, and take photographs.
For around €350 an independent inspector walks round with you. Discuss beforehand whether you want that and what they check during the handover.
With a construction agreement entered into on or after 1 January 2024, the contractor also remains liable for defects not discovered at handover, unless they are not attributable to them. Under those agreements a forgotten point therefore does not mean you lose your rights.
The money that can be held back at handover as security has its own arrangement. For that, read the 5% deposit and check the conditions that go with your contract date.
Checked on September 14, 2026. Livio provides information, not personal advice. Ask your adviser, notary or estate agent what applies to you.
Phase 3After the handover of a new-build home, 5% of the build price stays with the notaris as leverage to get defects put right.
RenovatingSet out the work, the order and the budget before you confirm delivery dates and sign anything.
Phase 4Allow an hour for the final inspection, well before your appointment at the notaris, to compare the house with what was agreed.