New Build Solicitors
Conveyancing for a new build property purchase contains several unique nuances that usually demand attention from a specialist team. Legal considerations like plot purchases, planning permission and snagging means that buying a new build property requires a lot of consideration , but the support of an experienced new build conveyancing solicitor can make sure your progress towards completion is as smooth as possible.
The specialist real estate residential conveyancing solicitors at JMW will assist you with new build conveyancing, and reduce the time it takes to become the lawful owner of your property. We are highly experienced in this area of law and have the expertise to resolve the process quickly and efficiently, while protecting your rights at every stage from reviewing your contract with the property developer to your completion day.
Put our legal experts in charge of conveyancing for your new build home and ensure all processes are dealt with expertly and efficiently. Find out more about how we can help you today by calling us on 0345 872 6666 or by completing our online enquiry form and we will give you a call back as soon as we can.
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How JMW Can Help
At JMW, our experienced property conveyancing solicitors have a wealth of experience in the unique nuances that affect new builds, and can represent your interests at all stages from the initial paperwork to the transfer of legal ownership. Our legal team works quickly to keep new build purchases moving forward, and we are proactive during the whole process to reach completion as soon as possible.
We believe communication is key and we will be here to answer any questions you have as we progress throughout the conveyancing process. We are accredited by the Law Society for conveyancing quality and have a strong track record of success in conveyancing of all types, including when purchasing a new house or apartment.
The team of new build solicitors at JMW represents buyers who are looking for a new home, as well as landlords and property investors seeking buy-to-let or investment properties. We offer expert advice on what to expect based on our extensive experience, and take care of all of the legal paperwork involved in the process to make your home purchase a success.
Meet Our Team of New Build Solicitors
JMW's dedicated team of new build conveyancing solicitors offer a thorough and efficient service founded on years of experience and a strong track record of satisfied clients. Our new build conveyancing team will work to protect your rights at all stages, whether you are a first-time buyer or an investor adding to your portfolio.
What Is New Build Conveyancing?
New build conveyancing refers to the work that has to be carried out to legally transfer the ownership of a new build property to the appropriate people. A 'new build property' refers to a property that is newly constructed and has not been previously occupied. It can be part of a larger development, like a housing estate, or an individually constructed property, and may be a house, flat, or even a commercial property.
It is sometimes possible to purchase a new-build property directly from the house builders before construction is finished, which can offer you more choice and a degree of customisation in the property. At the same time, this can result in delays with completion if the property is not finished on time, or challenges in conveyancing checks. Our new build solicitors can carry out conveyancing on your behalf and represent your interests when buying from a company rather than an individual owner of an existing property.
How Is New Build Conveyancing Unique?
The new build conveyancing process comes with strict deadlines like the 28-day exchange period, which is considerably shorter than traditional conveyancing timelines. Further complications may arise from 'snagging issues', defects in the new build that need to be addressed before completion. More complex matters might involve the property’s leasehold or freehold status, access rights, future development plans, and obligations regarding the surrounding infrastructure.
As such, it is important to work with an expert solicitor who can account for these unique challenges and deliver a smooth conveyancing process. We can advise you of your rights if completion is delayed, and advise you on a National House Building Council (NHBC) warranty, which is a type of insurance-backed warranty commonly provided with new-build homes in the UK. Where a developer has imposed their own completion deadline, we can work to manage this or help you to negotiate to keep the purchase process as simple as possible.
Do I Need a New Build Conveyancing Solicitor?
It is always advisable to take legal advice when buying a property, and the processes involved with purchasing a new build often require the support of a conveyancing solicitor with vast experience in this specific area. A conveyancing solicitor will handle all the legal aspects of buying a new build property. They will check the contract, carry out property searches, liaise with the developer and your mortgage lender, negotiate any issues, and verify that all legal obligations are met.
The conveyancing process for new builds also involves unique aspects such as dealing with developers, securing warranties, and addressing any 'snagging' issues. A solicitor with experience in new build conveyancing will be able to handle these complexities on your behalf and protect your interests throughout the process.
A conveyancing solicitor from JMW will oversee the legal aspects of the transaction, and protect the interests of the buyer or seller. The solicitor inspects the contractual conditions, scrutinises the new build's particulars, executes relevant property searches, and manages communication with the developers. The role of a new build conveyancing solicitor further extends to overseeing the contract exchange, managing funds, and handling the final property ownership transfer.
What Is the Conveyancing Process for a New Build Home?
There are several important roles that a solicitor will play during a new build property purchase. As part of our conveyancing work on your new build home, JMW's expert conveyancing solicitors will:
- Check the title for the property you are buying
- Check the property to make sure everything is as it should be
- Discuss with the developer regarding planning permissions and the construction of other aspects of the development, including drains and sewers
- Talk to you about the 'new build guarantee' and explain how this will protect your interests
- Liaise with you regarding the terms of the contract for the property you are purchasing
- Contact HM Land Registry to register your ownership of the property once the exchange is completed
Alongside all of this, we will keep you informed throughout. We understand that buying a property can be stressful, but we will maintain regular contact so that you can follow the process and have the best chance of a simple transaction.
In many ways, buying a new build can be less stressful than an existing property because the seller is less likely to withdraw from the process, and there are no chain issues ahead of you as you do not need to wait for the seller's purchase to complete. However, you can only take advantage of these benefits by working with an experienced solicitor who can protect your interests and keep things moving smoothly.
Frequently Asked Questions about New Build Conveyancing
- What is the difference between new build conveyancing and regular conveyancing?
New build conveyancing relates specifically to newly built properties and involves several unique aspects. This includes dealing with developers, securing warranties, addressing 'snagging' issues, and often meeting strict, developer-imposed timelines for the exchange of contracts.
New build properties can come in various forms, including detached houses, semi-detached houses, terraced houses, flats, and bungalows. They can also include eco-homes or sustainable homes that are designed with energy efficiency and environmental impact in mind. They are typically sold directly by the developers or building companies that constructed them. Dealing with a business, as opposed to another seller, changes the process and can make it more difficult to negotiate on price or other sticking points.
Working with a solicitor who is experienced in conveyancing for new build properties helps you to anticipate and address potential issues, protect your interests and make the conveyancing process as stress-free as possible.
- How long does the new build conveyancing process take?
The timeline for new build conveyancing can vary depending on various factors such as the developer's deadlines to exchange contracts, mortgage lender's response times, and whether any legal complexities arise. Often, developers impose a 28-day deadline for exchange of contracts, which can speed up the process considerably compared to regular conveyancing.
- What property searches are conducted in new build conveyancing?
In new build conveyancing, several searches are conducted to uncover potential issues. These typically include a local authority search (to check for planning permission, road maintenance, etc.), environmental search (to identify issues such as flooding risk), water and drainage search, and sometimes additional searches such as a mining search or chancel repair liability search, depending on the property's location.
- What is the role of a solicitor during the exchange of contracts?
During the exchange of contracts, we will clarify that all the terms are correct, all searches and enquiries have been satisfactorily completed, and that your mortgage offer is in place. We will then arrange for you to sign the contract and manage the legal process of exchanging contracts with the developer's solicitor.
- Should I use the solicitor recommended by the developer?
While you can use the solicitor recommended by the developer, it is usually better to choose an independent solicitor. This ensures that your solicitor is working entirely in your best interest, without any potential conflicts of interest.
- What happens if there are delays in the new build conveyancing process?
Delays can occur for a number of reasons, such as delays from the developer, your mortgage lender, or unresolved legal issues. Depending on the nature of the delay, we will advise on the best course of action to mitigate any impacts and keep the conveyancing process moving forward.
- What is a reservation fee?
A reservation fee is an upfront payment made by a buyer to 'reserve' a new build property in their name. The amount can vary but it is typically in the range of hundreds to thousands of pounds. The reservation fee is usually deducted from the purchase price of the property at the point of its completion date. It's important to understand the terms associated with this fee, as it may not be refundable if you decide not to proceed with the purchase.
- Do I need a survey?
While new build properties are built to modern standards and regulations, it is still advised to get a new build snagging survey done. This type of survey is designed specifically for new builds and will identify any issues or defects with the property, such as problems with the plumbing, electrics, or the finish. It is best to have this survey done before you move in so that any issues can be fixed by the developer before you take ownership.
- What is an NHBC warranty?
An NHBC warranty is a long-term protection plan for new homes that combines a builder’s guarantee with insurance against serious concerns. It protects homeowners against certain structural defects and construction issues for a set period, typically 10 years, which is longer than the warranty period typically provided by a house builder. It can cover the costs of any problems caused by poor workmanship or materials, or issues that make the home unsafe or uninhabitable, if these arise within your first ten years of ownership but outside the builder's initial warranty period.
Talk to Us
Get in touch with our real estate residential experts today to discuss your new build and to find out more about the different options available to you. Doing so couldn't be easier; simply call us on 0345 872 6666 or complete our online enquiry form and we will give you a call back to discuss things in more detail.
