New-build snagging and handover in Portugal: inspect, record and preserve leverage

New does not mean complete or defect-free

A newly built property can have unfinished work, damaged finishes, water problems, misaligned installations or deviations from the agreed specification. Handover is the point to create evidence before occupation and final acceptance make the position harder to reconstruct.

The buyer should separate legal completion, technical inspection and physical handover. They may happen close together, but they answer different questions.

Obtain the agreed specification and plans

Inspect against the contract documents, not only against appearance. Use the agreed finishes, plans, room layout, equipment list, parking and storage identification.

Record any substitution, missing item or dimensional concern. If the developer relies on a right to use equivalent materials, ask for the basis on which equivalence is claimed.

Inspect systematically

Review each room and common element within the agreed scope. Typical checks include:

• walls, ceilings and floors;
• doors, windows and locks;
• sanitary fittings and drainage;
• visible plumbing and electrical points;
• kitchen units and appliances;
• terraces, balconies and external drainage;
• heating, cooling and ventilation;
• parking, storage and access systems;
• signs of damp, cracking or poor finishing.

A visual inspection has limits. It does not guarantee the absence of hidden defects or replace specialised testing where a concern requires it.

Create an evidence-based snagging list

Number each item, identify the location, describe the defect and attach a photograph. Avoid vague entries such as “finish not good”. State what is damaged, incomplete, misaligned or not functioning.

Classify items by urgency: safety or water ingress, functional defect, contractual deviation and cosmetic issue.

Agree the correction process

The handover record should say which defects the developer accepts, who will correct them and by when. Define how completion will be evidenced and when reinspection can occur.

Do not allow the snagging list to disappear into an informal messaging thread. Keep a signed or acknowledged version.

Connect defects to final payment

The contract determines whether the buyer can delay payment, retain an amount, require correction first or complete while preserving claims.

Do not create a retention unilaterally without legal advice. Instead, review the CPCV and negotiate the appropriate mechanism before the balance is due.

Confirm handover documents

Request keys, access cards, equipment manuals, warranties, energy certificate, relevant licences, condominium contacts, utility information and any maintenance instructions.

Record meter readings and the date possession changes. Confirm responsibility for utilities and condominium charges from that point.

Review common areas

A finished apartment in an unfinished building creates separate risk. Check access, lifts, garages, fire-safety elements, façades, landscaping and promised amenities.

Understand whether common-area works remain, who certifies completion and whether the condominium has been established and handed over properly.

Use consumer warranty rights carefully

Portuguese consumer rules may provide different protection periods for structural and other conformity defects in immovable property. Applicability depends on the parties, transaction and defect.

Keep the contract, completion evidence, defect reports and written notices. Report defects promptly and obtain transaction-specific advice rather than assuming that a general warranty statement resolves the issue.

Reinspect

When corrections are reported as complete, verify them. A painted-over stain or temporarily reset system may not be a durable repair.

Update the snagging list with completion evidence and unresolved items.

Technical Property Inspection can support the technical record. For the final deed, payment and legal handover conditions, use Final Deed and Completion Review.

A good handover leaves the buyer with a functioning property, a documented defect position and a clear route for anything still outstanding.## Check the legal completion file as well as the finishes

Technical readiness does not prove legal readiness. Confirm that the transaction file contains the completion and use documentation required for the agreed transfer, together with the final plans, property identification, energy certificate and condominium information where applicable.

A polished unit should not be accepted if the legal description, common-area delivery or registration route remains unresolved.

Keep a post-handover defect calendar

Record the date each defect was reported, the developer's response, access appointments, attempted repairs and the date of reinspection. This evidence is more useful than a single undated list if the repair is delayed or the same defect returns after occupation.