New Build Solicitors

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 has an obligation to 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 conveyancing differ when buying a new build 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 make sure you get what you think you’re getting – not just in relation to the individual property, but the whole development scheme.

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 actually 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 they are adopted by the relevant authority
• 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 take place 10 days after the developer confirms the property is ready. If you are selling a property, your solicitor will be able to advise you on the best way to manage your sale and purchase.

What will my new build conveyancer 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 out for several risks that are 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 it’s important to make sure you have a good solicitor on your side. The Osbornes new build team can help you every step of the way, from checking the specification details all the way through to the official handover. Get in touch for a free, no-obligation consultation.