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A Comprehensive Guide to Buying a New-Build Home

Purchasing a new-build home is an exciting opportunity, but it can also be a complex and time-consuming process. Unlike buying an existing property, purchasing a new-build often involves additional legal considerations, especially when the property is not yet completed. At HM & Co. Solicitors, our expert conveyancing team is here to guide you through every step of the process, ensuring a smooth and stress-free experience.

The Challenges of Buying a New-Build Property

When buying a new-build home, you may encounter unique challenges, such as:

  • Purchasing a property that is only partially built or not yet constructed.
  • Ensuring the plans match what is registered with the Land Registry.
  • Confirming compliance with planning permissions and building regulations.

Additionally, the contract must accurately reflect the builder’s commitments, including agreed installations like additional sockets, carpeting, or landscaping.

Key Legal Checks for New-Build Purchases

1. Planning and Building Regulations

Your solicitor must confirm that the property complies with all planning permissions and building regulation requirements. This includes ensuring that:

  • The property has been built according to approved plans.
  • Proper building regulations certificates have been issued.

2. Rights to Utilities

It is essential to verify that the property has legal rights to:

  • Drainage and water supply.
  • The use of all necessary pipes and cables connecting to the property.

3. Estate Roads and Highways Compliance

If the new-build is part of a larger development, your solicitor will ensure that the estate roads meet the standards of the Highways Act. This ensures they can be adopted by the local council or properly maintained.

4. New-Build Insurance

A solicitor will arrange special insurance for the property, such as a NHBC (National House Building Council) warranty or an equivalent policy. This insurance provides protection against structural defects for up to 10 years.

Benefits of Buying a New-Build Home

According to Kate Hunt, Chartered Legal Executive in conveyancing at HM & Co. Solicitors, buying a newly built property has several advantages:

  • No Property Chain: This can simplify the transaction and reduce delays.
  • Low Maintenance: New-build homes are designed with modern materials and technology, minimising the need for immediate repairs or DIY.

However, Kate also notes that the conveyancing process for new-build homes is often more complex and time-consuming, making early legal advice essential.

Why Early Legal Advice Is Crucial

The additional checks and legal requirements for new-build purchases can make the process more intricate than buying an existing property. Engaging a knowledgeable solicitor early ensures:

  • Any potential issues are identified and addressed promptly.
  • The developer adheres to the agreed contract terms.
  • You are fully informed and supported throughout the process.

How HM & Co. Solicitors Can Help

At HM & Co. Solicitors, our expert conveyancing team is experienced in handling new-build purchases. We will:

  • Review and verify all legal documentation, including planning permissions and building regulations.
  • Ensure your rights to utilities and estate roads are secured.
  • Confirm the developer’s commitments and ensure they are included in the contract.
  • Arrange necessary insurance and warranties for your new-build property.
  • Provide ongoing advice to help you navigate the complexities of the purchase.

Contact HM & Co. Solicitors for New-Build Conveyancing

Buying a new-build home doesn’t have to be overwhelming. Let our experienced team handle the legal complexities so you can focus on your exciting new home.

Contact us today to discuss your new-build purchase and see how we can support you through this important milestone.

Your Questions, Answered

FAQs

Conveyancing and Local Authority Searches GAQs

What is a Local Authority Search?

A Local Authority Search is a check carried out by your conveyancer or solicitor when you buy a property. It provides information about the property’s legal status, planning history, and the area’s local development plans. This ensures you understand factors that could affect the property’s value or your enjoyment of it, such as future building work or any restrictions that may apply.

Why is it so Important?

Without a Local Authority Search, you may not realise, for example, that a major new development or busy road is planned near the property. Or that a previous extension at the back of the house might not have had proper planning permission. If you discover such issues after purchasing, they can be time-consuming and expensive to resolve—or worse, you might find you’ve significantly overpaid for the house.

 

Do I Really Need One?

Yes. Even if you are buying a property without a mortgage, it is highly advisable to conduct a Local Authority Search. Lenders insist on this search for properties bought with a mortgage, as it helps protect their investment (and yours) by ensuring there are no hidden problems.

 

What Does a Local Authority Search Show?

The Local Authority Search report typically covers:

  • Planning Permissions & Building Regulations: Shows whether extensions or alterations have proper authorisation.
  • Roads & Footpaths: Indicates whether roads or footpaths next to the property are public or private (which might create maintenance responsibilities for the homeowner).
  • Proposed Road Schemes: Provides insight into any future highways or planning proposals that could affect the property’s value.
  • Conservation Areas & Protected Trees: Lets you know if there are special rules or restrictions in force due to conservation.
  • Enforcement Notices or Legal Restrictions: Alerts you to any breaches of planning conditions or notices that the local authority may enforce.

 

How Much Does It Cost & Who Pays?

The buyer typically pays for the Local Authority Search. Fees vary by local authority but can often be around £100 (sometimes more). Your conveyancer will usually handle the process of ordering and paying for it on your behalf.

 

How Long Does It Take?

In general, the results can come back in around one to two weeks, but it varies from one local authority to another. Some may take several weeks depending on demand or complexity.

 

Does a Local Authority Search Include a Physical Inspection?

No. A Local Authority Search is a desktop-based review of the property’s official records. It does not replace a survey, which examines the physical condition of the building. Similarly, it does not include recent planning applications submitted after the date of the search, so it’s always worth keeping an eye on local planning portals for the most up-to-date information.

 

Protecting Your Interests in Conveyancing

Local Authority Searches are just one part of the conveyancing puzzle. Your conveyancer or solicitor will carry out several other checks, known as property searches, which may include:

  • Water & Drainage Search
  • Environmental Search
  • Chancel Repair Search

These searches all play a part in painting a complete picture of the property’s status and any risks.

Need More Help with Conveyancing?

We hope these FAQs give you a better idea of how Local Authority Searches fit into buying or selling a property.

If you have further questions or need support on any aspect of conveyancing, please get in touch with HM & Co. Solicitors.
We offer tailored advice from a team of experienced professionals to make your property transaction as smooth and stress-free as possible.

Contact HM & Co. Solicitors

Our friendly team of legal experts is on hand to discuss your needs and guide you through the conveyancing process from start to finish. Feel free to call or email, and we’ll do all we can to help you secure peace of mind in your property transaction.

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