Taking Delivery of an Off-Plan Apartment: Handover Checklist and Your Rights

Masari Team

Taking delivery of an off-plan apartment is more than collecting keys. It is the moment the developer's written promises meet reality, and whatever you sign in the handover record can later be used to show you accepted the unit as it was. The short answer to "how do I receive my apartment?" is: reread your contract, inspect the unit yourself or with an engineer, and sign only a record that lists every defect in writing.

Before handover day

  • Contract and annexes: check the finishing specs, area, delivery date, grace period and any delay compensation clause.
  • Payment receipts: make sure every installment due before handover is paid and documented, and ask what is payable on the day.
  • Approved floor plan: bring it to compare with what was built.
  • Written handover notice: it fixes the date for any delay calculation.

A law firm review of 40+ developer contracts, reported by Masrawy in September 2026, found delay compensation is often low and capped, and that some contracts collect maintenance deposits of up to 10% of the unit price without clear rules on how the money is managed.

What the law says

Article 15 of Consumer Protection Law 181 of 2018 bars developers from advertising or selling units before getting a building permit, and voids any clause giving the seller a cut when you resell. The law also prohibits misleading consumers. You can file complaints online with the Consumer Protection Agency after first trying to settle with the seller.

Under Civil Code Article 651, the architect and contractor are jointly liable for ten years from handover for collapse or defects threatening the building's safety. Clauses limiting this are void (Article 653), and claims must be filed within three years of discovering the defect (Article 654). Whether you can pursue the developer directly depends on the facts, so consult a lawyer.

Inspection checklist

  • Layout: compare rooms, doors and windows to the approved plan; measure if area is in doubt.
  • Walls and ceilings: tell hairline plaster cracks from deep or diagonal ones; look for damp around bathrooms, kitchen and windows.
  • Floors: tap tiles to find hollow spots and check they are level.
  • Electrical: test every switch and socket, the distribution board and earthing.
  • Plumbing: run every tap for a few minutes; check pressure and drainage.
  • Doors and windows: check they open, close and seal properly.
  • Meters: El Watan, citing electricity distribution guidance in June 2026, advised photographing the meter number, balance and date, checking for violation messages, getting a debt statement, and recording that you are not liable for anything before handover.
  • Shared areas: entrance, stairs, elevator, water tanks and roof.

Signing the handover record

  1. Do not sign a record stating the unit is "as specified and sound" if you have remarks.
  2. List each defect precisely: location, problem, required fix.
  3. Get a written repair deadline and a final handover after.
  4. Take dated photos and videos.
  5. Keep a signed copy.

Questions about the maintenance deposit

Ask whether it is held in a separate account, whether you will get periodic statements, and when management passes to the owners' association.

If delivery is late

  • Check the delay clause and count from the end of the grace period.
  • Serve formal notice through a court bailiff to document your claim.
  • Consider a Consumer Protection Agency complaint.
  • Do not stop paying or cancel before speaking to a lawyer.

Proposals such as separate escrow accounts per project are still part of a draft developers law under discussion, not law in force.

FAQ

Can I refuse to take delivery?

You can record reservations and decline to sign a final record if the unit does not match the contract. Do it in writing and with legal advice.

Do I need an engineer?

It is optional but helpful for spotting structural and electrical issues.

What if a defect appears later?

Document it and notify the developer in writing. Serious structural defects fall under the Civil Code's ten-year liability.

Sources

On Masari you can compare unit prices, floor plans and payment plans before contacting any seller.