Jenna Gall, Head of Conveyancing at Paul Crowley & Co solicitors guides you through the step by step process required for new build conveyancing.
If you are looking to purchase your dream new build home, it can be an exciting prospect and moving into a totally new property makes it even more thrilling. There really is nothing like owning your own home and one of the most important things to do first when buying a new home is to arrange for the conveyancing to be carried out.
Conveyancing is the legal term for arranging the transfer of the property from the developer to yourself. This must be done by a qualified, professional conveyancing solicitor. This not only makes the transfer compliant with UK law but also means you have someone to handle the complex stages involved for you.
But what exactly is involved in the new build conveyancing process?
STEP 1: Instruct a conveyancing solicitor
The first thing to do once you have had your offer accepted is to instruct a solicitor. For this, as noted above, it is key to use a specialist conveyancing solicitor like Paul Crowley & Co. After contacting us, we will send you a letter of engagement. This will also come with a request for each buyer named to supply us with two forms of authorised ID. Our conveyancing team will also contact the property developer’s solicitor via letter to ask for a contract package.
STEP 2: Investigation into Enquiries and Title
The next step in new build conveyancing is for us to check the property developer’s title and contact their solicitor with any relevant enquiries. At this stage, we will also investigate that the property has been approved to the necessary building regulations, has the relevant planning permission and that a warranty for the newly built property will be provided.
‘Most people will take out a mortgage in order to buy their new build, we will look over your mortgage offer in detail and raise awareness of any special clauses you should know about. Our expert service also includes reporting any developer incentives to your mortgage provider. If you have any questions you would like to ask or to find out more about the conveyancing services we have to offer, please call our friendly conveyancing team on 0151 668 0951, we will be happy to help.’
Jenna Gall | Head of Conveyancing
Paul Crowley & Co, Solicitors
STEP 3: Initial searches
A key issue when conveyancing for new builds is carrying out the relevant pre-contract searches. Naturally, the searches needed will depend on a range of factors. Common examples of these include where the property is located and the requirements your lender has.
STEP 4: Checking the mortgage offered
Most people will take out a mortgage in order to buy their new build. Here at Paul Crowley & Co, we will look over your mortgage offer in detail to raise awareness of any special clauses you should know about. Our expert service also includes reporting any developer incentives to your mortgage provider.
STEP 5: Ground rent and service charge
The next stage sees us draw up a final property report for you to view. This step also sees you sign the relevant paperwork. It is at this stage that you will need to pay the deposit. If you are purchasing via the ‘Help to Buy’ method, our team will sort out any necessary details with the official agent.
STEP 6: Searches before completion
This step sees us perform a search for bankruptcy if you will be taking out a mortgage. We will also perform a priority Land Registry search on your lenders behalf.
STEP 7: Contracts exchanged
The exchange of contracts is a major step in completing the purchase. After you and the developer have each signed and dated your contracts, you are both legally obliged to meet the given date of completion, which often on new build properties can be a date on notice, which is usually about 7 working days following the developer giving notice to the buyer’s solicitor. The signed contracts are exchanged via post and your deposit sent to the solicitor who is acting for the developer.
STEP 8: Preparation for completion
At this stage, completion is almost done! Our team will now ask your lender for your mortgage advance and also the balance of any monies. We will also contact your ‘Help To Buy’ agent and ask for the money from the ‘Help To Buy’ scheme to be sent over if necessary.
STEP 9: Completion and post-completion
On the agreed completion date, our team will make sure any money needed for the purchase is supplied to the developer’s solicitor. Once this is done, the new property is officially yours! We can also deal with the formalities after completion, such as registering the new build for you with the Land Registry.
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