New Build Conveyancing

The specialist real estate residential conveyancing solicitors at JMW can assist you with the complex matter of new build conveyancing and help to 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 turn a complicated process into one that is resolved quickly and efficiently.

New property conveyancing can be complicated. You may need to pore over various legal documents and agreements in order to understand the law surrounding issues such as plot purchases and planning permission. This is all necessary to ensure that the progress from making an offer to your completion date is as smooth as possible.

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.

New Build Conveyancing Explained

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.

The vast majority of people - for new builds and existing properties - instruct solicitors to carry out conveyancing because of the sheer amount of paperwork and jargon involved. Mortgage lenders often insist on a specialist lawyer completing the process on the buyer's behalf.

This is because if any part of the process is misunderstood, it could lead to legal disputes and, in the worst case scenario, you not being able to own the property.

New Build Conveyancing Explained

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 person or people.

Most people instruct solicitors to carry out conveyancing for both new builds and existing properties, because of the sheer amount of paperwork and jargon involved. Mortgage lenders often insist on a specialist lawyer completing the process on the buyer's behalf.

This is because if any part of the process is misunderstood, it could lead to legal disputes and, in the worst case scenario, result in you not being able to buy the property.

How New Build Conveyancing Works

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.

The Importance of a Conveyancing Solicitor

The complexities associated with purchasing a new build often require the support of a conveyancing solicitor, and it is always advisable to take legal advice when buying a property. A conveyancing solicitor oversees the legal aspects of the transaction, protecting 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 build conveyancing solicitor further extends to overseeing the contract exchange, managing funds, and handling the final property ownership transfer.

The Steps Your Solicitor Will Take

As part of our conveyancing work on your new build home, we 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

Alongside all of this, we will keep you informed throughout. We understand that buying a property can be stressful, but we will ensure that we stay in regular contact so that you can follow the process and have the best chance of a simple transaction.

Why Choose JMW?

At JMW, our solicitors offer a mix of expertise and sincerity, which makes us ideally placed to take care of your new build conveyancing needs. Our specialists are uniquely approachable and dedicated to resolving your issues with the minimum of hassle and cost.

We will provide the expert guidance you need and help you better understand an area of law that can at first seem complicated. We believe communication is key and we will be here to answer any questions you have as we progress throughout the conveyancing process.

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.

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.

Why do I need a solicitor for new build conveyancing?

A conveyancing solicitor will handle all the legal complexities 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 ensure all legal obligations are met.

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 ensure 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.

Can 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 meant by 'new build property'?

A 'new build property' refers to a property that is newly constructed and has not been previously occupied. This can be part of a larger development, like a housing estate, or an individually constructed property. The property could be a house, flat, or even a commercial property, but the key aspect is its newness and lack of previous owners or tenants.

What types of homes are sold as new build properties?

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.

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 to instruct a solicitor when buying a new build property?

Yes, it is strongly recommended to instruct a solicitor when buying a new build property. The conveyancing process for new builds can be complex and involve several 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 ensure that your interests are protected throughout the process.

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.