When you are buying a new build property, it can seem simple enough…everything is brand spanking new and no chain to worry about. Nonetheless, new build conveyancing presents some specific complications – which could potentially take novices by surprise.
The Developer Timeline Rules
New purchases are far from the traditional where you can still haggle over a completion date, developers have total control. This involves reserving the property with a reservation fee, and once construction is to an appropriate level they will complete. This can lead to months of uncertainty while delaying mortgage offers, removals and rental agreements.
Your solicitor will need to track the build progress meticulously and do an enormous amount of talking with the legal team for them before completion. Sold Subject to Contract (SSTC) — last minute swaps are frequent, which frequently means you will have to work quickly shifting the days of providing mortgage offers or organising temporary lodging.
National House Building Council (NHBC) warranties for new builds run over a period of ten years. It is essential that your conveyancer checks these warranties apply to you and what they cover.
Your solicitor will handle the legal elements while you do your own inspection before completion. All the existing issues found on application should be documented and have to be agreed upon what needs to be fixed by the developer. For Conveyancing Solicitors Gloucester, visit https://deeandgriffin.co.uk/personal-legal-services/conveyancing/gloucester/
Help to Buy Complications
A lot of new build purchases include government schemes such as Help to Buy equity loans. These create additional legal layers to your transaction. The language and manner should be of the same form as above with regards to any apportionment by your solicitor, an understanding of exactly what features may apply when paying back your equity loan and distinguishing obligations clearly. The process includes more moving parts—yourself, the developer, your mortgage lender and government—to create a higher level of coordination than standard purchases.
Planning and Building Regulations
Whilst modern builds should have all necessary planning permissions and building regulation approvals, your solicitor must ensure that these are in place as well as properly transferred. No certificates can lead to huge issues further down the line which might in turn stymie your ability to sell on or remortgage.
Practical Considerations
New builds more frequently than not, lack mature gardens, transport links and local amenities that an established property offers. The solicitor must also scrutinise any promises by the developers regarding future facilities and ensure they are contractual as far as possible.
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