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Purchasing Newly Built Property - The Information Required
Words: 517 | Date: Fri, 6 Aug 2010


Buying a new build property differs from buying an ordinary house. As well as getting an energy performance certificate your solicitor should find out the following information concerning the land before the sale goes ahead:

Access - you will want a good right of access to the property and you should not have to pay extra towards road maintenance. Normally an agreement is formed between the site developer and the local authority (under s.38 Highways Act 1980). Under this agreement the site developer is responsible for the upkeep of the estate roads' until they become adopted (maintained by public funds). The developer will normally take out insurance against your agreement.

Planning permission - your solicitor will check that planning permission has been received for your property and find out if any conditions have been attached to this grant. If the permission is accompanied by conditions (as they often are) you should check that the developer has abided by these.

Building regulations - building regulation consents need to be obtained by the developer for your property. Building regulations provide a set of standards for the construction industry to adhere to regarding the use of certain materials and the methods employed. The local authority has an unlimited retrospective time period to enforce building regulations and there can be hefty fines involved if the consents were not obtained.

What else is needed prior to the exchange of contracts?

Your conveyancing solicitor will draft a contract of sale for you. The contract should contain provisions that ensure that the property is finished to the agreed standard by completion. An example of something that is normally agreed upon between the parties is easement and covenant rights for the property. You should try to make sure that these rights incorporate; a right of access, a right of way, a right to sewerage, water and drainage and a right of usage over all pipes and cables for utilities.

Although not contained in the contract, the following agreements should be obtained in most cases to protect purchasers of new builds. These can be particularly relevant if buying a property off-plan:

Structural guarantees - a structural guarantee should be given by the developer and/or his building contractors. This means that if unfortunately the property suffers structural problems, you are able to seek compensation. A structural defect does not just cover the external composition, but also internal problems such as bad plasterwork and decoration.

New building insurance - such as the NHBC Buildmark scheme. Insurance of this type covers defects with the property for up to 10 years.

It is also a good idea where possible to obtain a certificate of approval from a professional supervisor present on site (such as the architect); this person should be able to guarantee the property's structural quality.

Given the differences in purchasing newly built property, it is particularly important that when choosing your conveyancing solicitors, you pick solicitors who have particular specialist experience of buying new build property.


Tim Bishop is senior partner at Bonallack & Bishop, a firm of Andover Conveyancing Solicitors specialising in leasehold extension work . He is responsible for all major strategic decisions, seeing himself as a businessman who owns a law firm. Tim has expanded the firm by 1000% in 12 years and has plans for its continued development.

Article Source: Article Directory | Author Tim Bishop | Cheap WebHosting




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