I don’t know what the builders are thinking when they change the construction plans and don’t update all off-plan purchase agreements?

Imagine the following situation. You have bought a relatively cheap apartment in an off-plan development.The estate agent have shown you some fancy 3D graphics of how the building would look like. Nice gardening around, happy people walking on nice alleys.

The reality is slightly different. Builder didn’t have any experience, hasn’t done any legal/technical research but have started selling off-plan. He had applied for construction permission, but the chief architect required changes to be made to the initial construction plans. The builder needed to change building plans. Some real examples: cutting off whole floor, changing roof shapes by creating sloping ceiling on top floor apartments, cutting off each apartment’s area, so they can fit within the architect’s requirements.

So far so good. But what about the off-plan buyers? They are completely ignored. Of course, they still need to pay the outstanding 50%+ of the apartment price. If they knew the truth they wouldn’t continue with the purchase or would require deduction because of non compliance with the preliminary agreement clauses. Even worse – they could sue!

The builder decides to remain silent to the end. No preliminary agreements are amended, no buyer is aware of the changes…until it’s time to sign the title deed. Now the truth is obvious. How the buyer feels? Bad! How the builder feels? Happy! He has got the cash already, so why should he care?

A true story…

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  • sandra Rowden 30 July 2012 Reply

    I bought a flat iin Germany off plan. It had 3 bedrooms. The smaller flat next door had 2 bedrooms. I visited the flat to find out why it isn’t rented and the flat next door has a tenant to find that my third bedroom has been given to the flat next door. So I have ended up with 2 bedrooms and the flat next door has 3. Can I enforse the changes? In otherwords can i knock a door into my bedroom and shut if off to the flat next door as it’s rightfully mine?

    • Milen Hristov 31 July 2012 Reply

      I’m sorry but we are based in Bulgaria. You should address your problem to a German lawyer.

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