The handover protocol: the document that decides what counts as "visible" and what as "hidden"

In most transactions, handover day runs like a ceremony: a key, a signature, a photograph. Legally it is something else entirely — it is the reference point from which every subsequent right is measured.

The Sale (Apartments) Law splits defects into two time tracks by a single question: could the defect have been discovered when the apartment was placed at the buyer's disposal. A discoverable defect — notice within one year. A hidden defect — notice close to discovery, even after a year. The full explanation is in the article on notice of non-conformity.

The document that decides which track each item falls into is the handover protocol, because it is the only record of what was visible that day.

What to bring

1. The sale specification — not a summary of it. The protocol is checked against the specification, clause by clause.
2. The drawings attached to the specification — to verify the positions of electrical points, sanitary fixtures and partitions.
3. A professional — an engineer or building inspector. They see what a buyer does not, and above all they know what to call it.
4. A torch, a tape measure, a level and a camera — or at least a phone with a camera and a compass.
5. Time. A handover completed in twenty minutes is not a handover.

What to record, and how

Three drafting errors that turn a good protocol into a useless one:

The rule: every line in the protocol should state what, where, how much and against what — against the specification or against the schedule in the law. A line missing any of the four stays open to interpretation.

Twelve checks that are easy to miss

1. Open and close every window and door, including locks and stops.
2. Run every tap and every toilet, and check drainage beneath the sinks.
3. Run the air conditioning in heating and cooling, and check for dripping.
4. Check water pressure at two points simultaneously.
5. Check the electric and solar water heaters, per the specification.
6. Test every electrical point under load, not by eye.
7. Test the intercom, television and communications points.
8. Check balcony waterproofing: pour water and check drainage directions.
9. Check the entrance door and the fire door, if there is one.
10. Check the protected space: door, window, ventilation — as specified.
11. Check the parking space and storeroom on site, including dimensions.
12. Take a dated photograph of every recorded item.

What not to do on handover day

• Do not sign a blank protocol, or one worded "the apartment was found in order", before you have been through it.
• Do not accept "we'll sort that out later". What is not in the protocol does not exist.
• Do not pay the final instalment before you hold an occupancy approval or completion certificate and the electricity and water connection confirmations. See the article on Form 4 and the completion certificate.
• Do not repair a recorded item yourself. The seller is entitled to an opportunity to repair.

What happens next

From the moment possession is handed over, the inspection period begins — and every component in the apartment has its own number of years, from one to seven. The full schedule is in the article on inspection and warranty periods. The protocol is its starting point, which is why it is worth the time it takes.

This is a practical guide and not legal or engineering advice. It is advisable to attend handover with a professional and to take advice from your own lawyer.