New Build Conveyancing

Buying a new build property

Buying a property off-plan is more complex than buying an existing property. You obviously cannot inspect a property that does not exist yet, so your solicitor must ensure that the builder must construct the home to a proper standard and that you are buying what you have seen in the show home or brochure. Our new build conveyancing team is extremely experienced. We can help you get all the right protections within the developer’s strict deadlines.

How does new build conveyancing differ when buying a home?

The conveyancing process is a lot more complicated when you buy a new build home. That’s because you are committing to purchase the property without seeing the house finished. Instead, you will have to rely on looking at CAD drawings and specifications. You will need to check the paperwork carefully to ensure you get what you think you’re getting – not just in relation to the individual property but the whole development scheme.

• Read our blog post about the Risks of Buying Property in a New Development.

The other big difference is timing. Since new build properties are often still in development, there will be a longer waiting time as the home needs to be built before you can take ownership. However, many developers allow only 28 days to exchange contracts after you have reserved a property, so the time “in legals” may be shorter and more intense.

What is the new build conveyancing process?

The new build conveyancing process includes additional checks that do not need to be conducted when buying an existing house. Your solicitor will make sure that:

• Planning permissions have been granted and are being complied with
• The developer has obtained building regulation consent and has complied, or will comply, with the conditions
• You have rights to use roads, drains, sewers, gas pipes and power lines, and the developer will maintain them until the relevant authority adopts them
• You will receive a new home warranty (from the National House Building Council (NHBC) or a similar guarantee scheme)
• The mortgage offer does not expire before the home is built
• A “snagging” surveyor will conduct a thorough inspection before completion to identify any items of repair

With new build properties, the completion date can only be fixed once the house is finished. Most new build contracts specify that completion will occur 10 days after the developer confirms the property is ready. If you sell a property, your solicitor can advise you on managing your sale and purchase.

My new build has problems. Can I get compensation?

One of the benefits of buying a new-build home is the 10-year warranty that is included in the purchase. Most new-build warranties work on the following principles:

• During the first two years, the policy covers all but very minor defects (such as cracks from drying plasterwork). Everything from roofing issues and plumbing problems to faulty smoke alarms should be covered by this warranty. The developer is the first port of call for resolving issues during this period.
• In years 3 to 10, structural defects are covered by a policy from an insurer such as the National House Building Council (NHBC). The designated warranty provider is responsible for remedying defects that occur within this period as long as they meet their criteria. Minor and cosmetic issues are not covered.

Even if you are entitled to claim under this scheme, it is worth getting advice from a trustworthy solicitor. New build problems compensation can vary widely depending on the type of defect, when it was discovered, the terms of the warranty, and the strength of evidence available.

Our lawyers will assess whether you might have a valid claim, guide you through the claims process and represent you should the matter need escalating to court.

What will my new build solicitor look out for?

Your solicitor will look for any legal issues with the property’s title, just as they would when buying an existing property. Additionally, they will look for several risks unique to new builds. These include:

• Issues with planning permission
• Not building the property in accordance with the plans
• Failing to arrange NHBC inspections
• Not having agreements in place for roads, gas, water, drainage and electricity
• Completion being certified before the property is ready

The new build conveyancing process can be tricky, so ensuring you have a good solicitor is important. The Osbornes conveyancing solicitors can help you every step of the way, from checking the specification details to the official handover. Get in touch for a free, no-obligation consultation.