Buying a house is one of the most significant purchases many people make in their lifetime. It is therefore essential to ensure that the conveyancing process is thorough. Particularly when purchasing a new build, which is often off-plan, professional conveyancing advice is vital to establish the legal and practical elements of the new property.
WHN director and residential property specialist Jennifer Prysiaznyj, provides a guide for buyers of new build homes particularly when buying off-plan to ensure all the necessary requirements are covered when dealing with a conveyancing solicitor.
When purchasing a new build property, the conveyancing process is significantly more intricate compared to other types of property transactions. I’ve supported numerous clients in navigating this process and stress that thoroughness is crucial.
Without careful attention, owners may encounter issues such as non-compliance with planning regulations and unclear or incomplete property boundaries.
These challenges underline the importance of having an experienced conveyancer who knows what to look for and how to address potential pitfalls.
What is buying off-plan?
Buying off-plan means committing to purchasing a property before the developer has completed – or sometimes even before construction has begun. This option may provide the buyer with the benefit of tailoring their future home to meet their personal needs and taste, but it also requires careful due diligence to avoid surprises down the line.
What to cover in the conveyancing process of an off-plan purchase
When buying a new house off-plan, no previous conveyancing work will have even been made on the property. Unless it is carried out carefully, any missed or unconfirmed matters may not arise until the property is then sold later by its first owner. At this point, these matters will be much more difficult to resolve and costly to correct.
Below are key considerations to make when carrying out the conveyancing work:
- Are the plans correct?
- Is the property being constructed on land that is entirely owned by the builder?
- Does the position of the property on the ground match the position on the plans?
- Has planning permission been obtained for the development?
- Has the developer complied with all the planning conditions?
- Has building regulations consent been obtained?
- Does the property have the benefit of a valid newbuild warranty?
- What will be the position with the new roads and sewers on the development and could any liability be passed to the homeowners for their maintenance?
- If the property is leasehold, are the ground rent and service charge provisions acceptable?
- If the property is freehold, are the estate service charge provisions acceptable?
- Does the property benefit from all required rights of way etc?
- Are there any covenants (restrictions and obligations) which may affect your use and enjoyment of the property?
What are some of the pitfalls that may occur if the process is not carried out correctly?
If you do not carry out a thorough conveyancing process, some of the pitfalls that you may incur are:
- The property may not comply with planning laws, which in a worst-case scenario could mean the property has to be changed or even demolished!
- The property may not have the benefit of a newbuild warranty which if obtained should offer a guarantee against poor workmanship and structural defects for up to ten years.
- Incomplete agreements for roads and sewers could lead to the homeowners becoming responsible for the maintenance of the estate roads and sewers.
- Failure to properly plan for future maintenance of common elements of the development, this may affect the value of your property in the future.
- Dealing with unresolved conveyancing matters may affect your ability to apply for a mortgage, delay the sale process, or even cause buyers to pull out of a sale, if you are later seeking to sell your property.
Do I have to use the solicitor recommended by the property developers?
Property developers may propose and recommend a particular conveyancer. You are not obliged to follow their recommendation and you are free to choose and use your preferred conveyancing solicitor.
An independent conveyancing solicitor will be less pressured by the developers to complete and will not be tied to their deadlines and expectations. An independent solicitor will also be acting completely on your behalf and have your best interests at heart.
Some solicitors specialise or have extensive experience in new-build conveyancing, and will be able identify issues and matters that may be overlooked by less experienced conveyancers.
WHN’s residential conveyancing services
Our conveyancing team has a wealth of experience dealing with residential conveyancing, helping clients make important decisions relating to buying or selling property.
- Fee transparency – our fees are available to view on the WHN website. Our team will also provide a bespoke, accurate fixed fee quotation upon request, with no hidden fees.
- Independent advice – we do not pay referral fees to third parties for conveyancing work. All of our work is generated by repeat clients and recommendations. Refer to our Trustpilot page which features testimonials from our satisfied clients.
- Bespoke and knowledgeable service – our team of experienced conveyancers offer a personal service and are extremely proficient in new-build conveyancing.
- Consistency of service – your case will be dealt with by the same conveyancer and assistant from the initial point of contact all the way through to the file being closed.
- High street office locations – WHN has nine offices across the North West. You can visit your conveyancer in person and/or drop off documents at these locations.
- Ease of contact – You will have direct access to your conveyancer and assistant by email and direct-dial phone.
WHN is accredited by the Law Society as a member of the Conveyancing Quality Scheme. To achieve this accreditation, we must have in place the relevant robust policies, processes and procedures. All residential conveyancing staff are also required to undergo training and pass annual assessments.
When making the decision to buy a new-build home, make sure to do your research and find the correct solicitor for your conveyancing needs.
Specialising in all areas of residential property transactions, Jennifer Prysiaznyj advises clients on the buying and selling of properties.
If you would like to discuss the conveyancing process behind the purchase of your new build property, please contact Jennifer on 01254 272643 or by email jennifer.prysiaznyj@whnsolicitors.co.uk
