Preliminary contract with a developer: key clauses

A preliminary contract with a developer is used when the parties want to confirm the conditions of a future apartment sale, but the final contract will be signed later. In practice it is a stage that should protect the buyer, especially when the project is still under construction.

Update: 5 March 2026

In brief:

• Check whether you are signing a preliminary, developer or reservation agreement.
• The most important items are the standard, payment schedule and transfer date.
• Delays require clear consequences written into the contract.

Preliminary contract with a developer — when it appears

Developer agreement vs preliminary agreement

These are two different structures. A developer agreement has a special legal character and specific obligations on the developer’s side, while a preliminary agreement is a classic obligation to sign the final contract in the future. In practice you will also meet reservation agreements that do not always provide the same level of protection. That is why it is important to check what document you are really signing.

Key clauses in a developer contract

Price, deadline, standard, schedule

The contract should include at least:

• a precise description of the unit and finishing standard,
• price and payment schedule,
• date of transfer of ownership,
• rules for handover and defect removal,
• information on project changes.

The more precise the clauses, the lower the risk of disputes for the buyer.

Most common mistakes

The most frequent problems are:

• vague description of the standard and finishing scope,
• a payment schedule not tied to project stages,
• no clauses on consequences of delays,
• an overly general transfer date.

Checklist before signing

• confirm the type of contract and its effects,
• check the finishing standard and scope of works,
• clarify the payment schedule and transfer date,
• include consequences of delays and the handover procedure.

Deposit, payment schedule and security

A deposit can be a good security, but its effects must be described clearly in the contract. It is also worth specifying what happens to payments if the project is delayed or if the final contract is not concluded for reasons beyond the buyer’s control.

What happens in case of delays

Delays in project delivery are one of the most common problems. In practice it is worth:

• setting a realistic transfer date,
• describing the consequences of delays,
• indicating what rights the buyer has if deadlines shift.

Form and the role of a notary

When a notarial form is worth it

In some cases a notarial form provides greater security. It is good to check what notarial costs may apply and at which stage they are required. Helpful are the guides on notarial costs when buying an apartment and total cost of buying an apartment.

If financing is involved, see also the guide on mortgage loans and PCC for apartments.

Note: this text is for information only and does not constitute legal advice.