Developer Insolvency: Why Apartment Owners May Suddenly Have to Pay for Completion Works

Purchasing an apartment in a newly built residential development is often associated with certainty and long-term security. Buyers expect the developer to complete the project, hand over the units, and fulfill all contractual obligations. However, reality can be different. When a developer becomes insolvent before all construction works have been completed, property owners may find themselves facing unexpected legal and financial challenges.

In its judgment of 27 February 2026 (Case No. V ZR 219/24), the German Federal Court of Justice (Bundesgerichtshof – BGH) provided important guidance on the obligations of homeowners’ associations in relation to unfinished construction projects. The decision is likely to have significant implications for property owners, investors, and property managers alike.

When a Building Appears Finished but the Project Is Not

In practice, apartments are often sold and occupied before every aspect of the development has been fully completed. At first glance, the building may appear ready for use. A closer inspection, however, may reveal outstanding works relating to technical systems, common areas, or other elements that were part of the original construction plans.

If the developer becomes insolvent at this stage, a crucial question arises: who is responsible for completing the unfinished works and covering the associated costs?

The Federal Court of Justice’s Decision

The Court was asked to determine the scope of a homeowners’ association’s obligation to ensure the initial completion of a development.

According to the BGH, the responsibilities of the homeowners’ association are not limited to maintaining existing common property. Where a project has not been fully completed in accordance with its original specifications, the association may be required to arrange and finance the measures necessary to bring the development to its intended state.

One particularly noteworthy aspect of the judgment is that these obligations may, under certain circumstances, extend beyond traditional common areas. Completion works inside individual apartments may also fall within the association’s responsibilities if they are essential to the completion of the building as a whole.

Why the Judgment Matters

Many purchasers consider developer insolvency to be a remote risk. However, rising construction costs, higher financing expenses, and economic uncertainty have increased pressure on developers in recent years.

The judgment highlights that the consequences of a developer’s insolvency do not necessarily end when insolvency proceedings begin. Instead, property owners may face additional costs long after purchasing their apartments if essential construction works remain unfinished.

The ruling is particularly relevant for:

• buyers of newly built apartments;
• homeowners’ associations;
• property managers;
• real estate investors.

Practical Implications

Homeowners’ associations should carefully document any outstanding construction works and assess their legal position at an early stage. Potential claims against contractors, architects, engineers, or other project participants should also be examined, as they may provide avenues for recovering part of the costs.

Prospective buyers of newly built properties should pay close attention not only to location and purchase price but also to the financial stability of the developer and the contractual safeguards available in the event of insolvency.

Conclusion

The Federal Court of Justice has provided greater legal clarity regarding unfinished developments following a developer insolvency. At the same time, the decision serves as a reminder that apartment owners may ultimately bear significant responsibility for completing a project when the developer can no longer do so. As a result, early legal advice remains essential for property owners, investors, and homeowners’ associations seeking to minimize financial risks.