Before a binding statement, risk can usually be managed best.
Check the contract, documents and planned statement before signing, approving or paying.
This preserves room to negotiate, evidence and legal position.
Handover
Completion notice and occupation: when using a building becomes legally risky
Why completion notice, occupation permission and open defects should be reviewed together before a building is used.
Your law firm
BRANDAUER Rechtsanwälte
Salzburg law firm for real estate, construction and corporate law
Every matter is handled by a coordinated team of lawyers, legal staff and specialists. In construction cases we look at contract, evidence, deadlines and commercial consequences together.
5 July 2026 · Mag. Bernhard Brandauer, Rechtsanwalt
Completion feels like a practical milestone, but it can be legally sensitive. If a building is used while notices, permissions or defects remain unclear, disputes may arise with authorities, contractors and users.
Completion notice and occupation must therefore be reviewed together with handover records, defect lists and official conditions. The key question is whether the building is legally and factually ready for use.
Especially in residential, conversion and developer projects, moving in should not depend on intuition alone. Permits, conditions, completion documents and remaining works matter.
Assess your situation
What is the next sensible step?
Answer two short questions. You receive an initial orientation on documents and reactions that matter now.
Already know you want to get in touch? Go straight to the enquiry form.
What is the main issue right now?
The assessment helps distinguish prevention, evidence and response.
All paths at a glance
Overview of all answers.
With complete documents, the legal position can be assessed precisely.
If a dispute already exists, chronology and records matter. They determine whether payment, reservation, repair or enforcement is sensible.
The key is the connection between contract, actual progress and documented statements.
Missing evidence should be preserved first.
If documents are missing, request and secure them immediately.
Photos, minutes, emails and invoices help make the facts reliable.
Distinction from existing construction-law topics
Distinction from existing construction-law topics
This article fills the gap between handover, defect notice and building permit. It focuses on when a finished or almost finished building may safely be used.
The existing core pages, tools and checklists remain the broader context; this article focuses on the narrower user situation.
This avoids repeating the same legal core in several places.
Completion does not automatically mean occupation
Completion does not automatically mean occupation
A completed building is not always ready for unrestricted use. Depending on the project and regional law, notices, confirmations or authority steps may be required.
Civil law issues also remain: handover, defects and payment maturity must fit together. Use of the building does not automatically waive all rights, but records are decisive.
A safe assessment separates public building law, contract law and the actual condition.
How this differs from handover and permit
How this differs from handover and permit
The building permit concerns the start and permissibility of the project. Completion concerns the later state and whether conditions have been met.
Handover is the civil-law moment between client and contractor. It does not automatically replace authority requirements.
This article connects both levels without repeating the general permit or defect-notice guides.
Documents to check before use
Documents to check before use
Important documents include the permit, conditions, execution records, confirmations, test reports, completion notice, handover record and defect list.
Technical installations may require further certificates. Missing documents should not be treated as harmless simply because use has started.
Photos and a clear list of remaining works also help avoid later disputes.
Risks of using the building too early
Risks of using the building too early
Early use can create issues with authorities, contractors and users, especially where conditions, safety issues or major defects remain open.
Evidence is another risk. Using the building without defects and reservations being recorded may weaken later claims.
The answer is not always delay, but documented and legally assessed handover.
How owners and clients should proceed
How owners and clients should proceed
Before moving in or accepting handover, work through a document checklist. Open conditions and defects should be recorded in writing.
If use must start for practical reasons, reservations should be expressly recorded. That reduces the risk of use being treated as full acceptance.
In developer projects, payment maturity, instalment plan and actual progress must also be checked together.
Key checks
The key questions at a glance
The table shows which issues should be separated in the first assessment.
| Review area | What it concerns | Why it matters |
|---|---|---|
| Authority Conditions, notices and permissions | Use may be risky under public law | |
| Contract Handover, remaining works and maturity | Payment and reservations depend on it | |
| Evidence Photos, records and defect list | Preserves later warranty rights |
This assessment does not replace case-specific advice, but helps prepare the documents.
Process
A safe practical sequence
A short sequence helps preserve evidence and legal position at the same time.
- 0101
Collect documents
- 0202
Define the issue
- 0303
Plan the response
Practical tip: Do not respond in general terms. Link each statement to specific documents, amounts and open issues. Book an initial consultation (72 euros)
FAQ
completion notice and occupation risk
Can I move in if defects are still open? +
That depends on the type and severity of defects and on authority requirements. Open points should be documented and assessed before use.
Does handover replace authority permission? +
No. Handover and authority requirements are separate levels and both must be checked.
What belongs in a completion or handover record? +
Conditions, remaining works, visible defects, missing documents, meter readings, keys and clear reservations should be recorded.
Further reading
Related construction-law topics
Construction contract and remuneration
Überblick page on contract, performance, payment and typical construction disputes.
Construction defects and warranty
Überblick page on defects, repair, price reduction and preserving evidence.
Construction litigation and evidence
How documents, expert evidence and litigation risk interact in construction disputes.
Construction project risk analysis
Interactive risk check for clients before signing, paying or escalating.
Topics
Completion noticeOccupationHandoverBuilding authorityDefects
Defects, a remuneration dispute, looming litigation?
In construction law, deadlines and evidence decide. Call us directly or send an email, callback within one business day.
Contact
A direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000