Yes, if you agree it with the seller, but you become the owner only upon registration in the cadastre. Until then you are using someone else’s house on the basis of the agreement, so set out in it the handover date, the passing of the risk of damage, payment of utilities and insurance, and what happens if registration is not approved. Without such terms, the seller bears the risk of accidental destruction of the house until you become the owner on registration.
The agreement is signed, the purchase price is in escrow and the seller has already moved out. The family would like to move in straight away rather than wait for the cadastre to decide on registration. Moving in earlier is possible, and with family houses it is also common. You do need to know, though, that until registration is approved the owner of the house is still the seller and you are using the house only on the basis of an arrangement with them. Everything that can go wrong during that period should therefore be dealt with by the purchase agreement.
You become the owner only on registration
Where property is transferred by agreement, ownership is acquired upon registration in the cadastre (Section 133(2) of the Civil Code), and the legal effects of registration arise only on the basis of a final decision approving it (Section 28(3) of the Cadastral Act). We explain this in more detail in when do I become the owner of a property?. Ownership also carries the risk that the house may be damaged by fire, a storm or another chance event:
Unless otherwise agreed, the risk of accidental destruction of and accidental deterioration in the subject of the purchase, including its fruits, passes to the buyer at the same time as the acquisition of ownership. If the buyer acquires ownership before the subject of the purchase is handed over, the seller has, until handover, the rights and duties of a depositary.
— Section 590 of the Civil Code (unofficial English translation)
Without an express agreement, the risk therefore passes only on registration, even though you are already living in the house. The law does permit a different arrangement, however, and where you move in early it is sensible to link the passing of risk to physical handover of the house.
What to agree when you move in early
The agreement should determine the handover date and the condition on which handover takes place, typically payment of the entire purchase price into escrow or payment of the price itself. Handover should be accompanied by a handover protocol recording meter readings, the number of keys, a list of fittings and a description of the condition of the house, including any visible defects. The protocol later becomes the main evidence if the question arises whether a defect already existed on taking over.
Next, agree from when you bear the cost of energy, water and waste, who pays the insurance on the house until registration, and whether the risk of damage passes to you on handover. It is also sensible to agree that you will not carry out any building works before registration without the seller’s consent. If registration were not approved, you would have invested in a house that does not belong to you and would have to negotiate compensation with the seller.
When registration does not go through
The cadastre may suspend the proceedings because of a defect in the agreement or in the annexes, or may refuse registration. The agreement should therefore provide that in such a case the parties will cooperate on correcting the defect, and, for the worst case, set a period for vacating the house and returning the purchase price. How to deal with these situations contractually is discussed in the article when the cadastre suspends or refuses registration. If the proceedings have already stalled, we can help as part of our suspended proceedings and refused registration service.
The opposite situation arises where the seller stays in the house even after registration, for example until they finish moving out. The buyer is then already the owner and the seller has the position of a depositary until handover. Here too, it is worth setting a fixed date for vacating the house and a penalty for delay.
How to proceed
If you are planning to move in before the entry is made, say so when the agreement is being prepared, not at the signing. We will prepare or review the house sale agreement so that handover, risk and costs are regulated for the period up to registration, and we will represent you throughout the transaction as part of our legal assistance with buying a property. How long the proceedings themselves take is explained in how long does registration in the cadastre take?.
This answer provides general information on the law as at 12 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.
