Receiving the keys is an exciting moment, but also a legal one. What is written, or not written, in the handover protocol will affect your ability to demand repairs later.
Before handover
- Make sure an occupancy certificate (Form 4) has been issued and the apartment is connected to electricity and water.
- Ask the developer for the updated specification and plans, to compare.
- Arrange an inspection by an engineer or licensed inspector. He will check dampness, waterproofing, slopes, tiling, electricity and plumbing, things hard to spot by eye.
The handover protocol
The developer prepares a protocol documenting the apartment’s condition and defects found. Record every defect and every mismatch with the specification, even small ones, and attach the inspector’s report if you have one.
What not to sign
- A statement that “the apartment was delivered without defects” or that “I have no claims”.
- A waiver of late delivery compensation as a condition for the keys.
- Confirmation of receiving items not yet installed.
If the developer makes handover conditional on such a signature, consult a lawyer before signing.
After handover
Defects discovered later are handled under the inspection and warranty periods of the Sale Law, which last years depending on the type of defect. Notify the developer in writing and give him an opportunity to repair. See construction defect claims.
And registration?
Delivery of possession is not registration of ownership. The apartment will be registered in your name only after the condominium is registered. See registering a new apartment at the Land Registry.
Where do you go from here?
A developer’s contract is written by the developer’s lawyers, so it protects the developer first. At Paz Israel & Co. Law Office we represent buyers of new apartments and landowners in combination deals: we check the developer, the security and the specification, negotiate the contract and accompany you through handover and registration at the Land Registry. For more information see our property purchase and sale representation page, or contact us to schedule a meeting in Tel Aviv, Jerusalem or Modi’in.
This article provides general information, is correct as of the time of writing, and does not constitute legal advice or a substitute for reviewing your specific circumstances.