New-build property: what lies behind ‘Act 16’

The protocol (Act 16) is drawn up by a state acceptance commission after the investor has asked DNSK to appoint it. It confirms fitness for use but does not by itself commission the building. For categories one to three the sequence is: investor's request → acceptance commission and Act 16 → use permit from DNSK.

In practice, many sellers and agents use ‘Act 16’ as shorthand for ‘the building is finished and legal’, because drawing it up is indeed an important step — but time can pass between it and the final commissioning document, during which checks are still under way or snags are being resolved.

For categories one to three the document you are looking for is the use permit from DNSK. For categories four and five, commissioning is by a certificate from the authority that issued the building permit — usually the municipality — under a separate procedure, without a DNSK use permit. So ‘does it have Act 16?’ is not the universal question for every new building.

The category of a building is fixed at design stage and recorded in the building permit itself, so it is worth checking the category alongside the other details of the building, rather than assuming by default which procedure applies.

Buying an unfinished unit is possible; payments are then usually tied by contract to verifiable construction milestones, with the final payment and transfer linked to an issued commissioning document. For a completed building, before a deposit, ask for the number and date of the use permit or the certificate, depending on the category. Also check whether it covers the whole building or one phase.

• Whether a certificate of commissioning or use permit has been issued, and for which part of the building.
• Whether the building described in the document matches what was actually built (number of floors, intended use).
• If the building does not yet have such a document — what stage the procedure is at and which authority is running it.
• Whether the document covers the whole building, or only part of it (for example a separate entrance or phase).

The most common mistake is accepting a verbal assurance instead of a written document — a certificate's number and date can be verified, while ‘it will be out soon’ cannot. A second common mistake is failing to distinguish between the status of the whole building and the status of a specific flat, especially in projects with several construction phases and separate entrances. Buying a property that is not yet finished is possible and common practice, but payments should then be tied to specific, verifiable construction milestones set out in the contract, rather than to verbal promises about status.

Buying a property in a building without a finalised commissioning document is common in off-plan construction, but it requires a clear understanding of the stage reached and a realistic view of the remaining timeline. Banks typically tie mortgage drawdowns to specific construction stages, so it is worth aligning contract payments with your planned mortgage budget before you sign.

As a hypothetical example, suppose a flat worth EUR 130,000 is bought at the shell-and-core stage, with payments tied to construction progress.

Ask for written confirmation of the building's exact status and keep a copy of every document related to commissioning. If you are unsure how to interpret the documents, it is sensible to consult an engineer or lawyer familiar with the specific site. If you are considering a new-build purchase, get in touch for help with the checks.