New Build Conveyancing Solicitors

Campions Solicitors, Derby and Nottingham, New Homes Specialist.

We specialise in new home purchases.  We act for clients who buy both apartments or houses.

We are fully aware of this issues that may arise on new build properties.

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Fixed Fee New Build Conveyancing – no hidden extras!

We have extensive experience in dealing with New Build conveyancing and offer low fixed fees as well as first time buyer discounts. To obtain an online quote please click here or for further information call our specialist leasehold department on freephone 0800 1071 207  (landline 0115 924 7028.)

FAQs about New Build

A builder for a new build will normally ask for around £500 as a reservation fee. This will normally be lost if the buyer withdraws. On completion any reservation fee will be credited against the purchase price.

There is no difference. The same rates and exemptions apply to both. For instance if you are a first time buyer then you will get the £300,000 exemption whether or not you are buying a new home or an existing property.

Developers will normally impose an exchange deadline. This is a date by which the buyer must exchange. Exchange means an exchange of contracts between developer and buyer when the buyer becomes legally bound to buy the property. At that time there will be a 10% deposit payable although sometimes with a new build a lower deposit is required. Any reservation fee is taken into account. If the buyer does not exchange by then there maybe penalties. These may include withdrawal from the contract altogether by the developer or withdrawn of incentives.

The property may not be ready at this point or for some months afterwards.

We offer a fixed fee guarantee. When we deal with your New Build Conveyancing we will include the following as part of our services:

Checking the Lease- we advise you of issues arising from the Lease
Raising Enquiries – As well as standard Law Society enquiries we also raise any specific enquiries relating to the property.
Acting for your Lender – as well as acting for you, we are also instructed by your mortgage lender to ensure that all their conditions can be complied with.
Completion of SDLT forms – even if Stamp Duty Land Tax is not applicable, we still need to complete
All this is included within our fees and we will not charge you extra.

After exchange of contracts where you are legally obliged to buy then there are two ways in which the completion date can be fixed. The first is that there is a fixed date to complete. This will be the case if the property is ready on the date of exchange. The second is that the matter will be completed on notice. That means that at some later date the builder will serve a notice on the buyer that the property is ready. The buyer will then have a period normally 10 working days to complete the matter. This will happen if the property is not ready on the exchange date. It is referred to as completion on notice.

Restrictive covenants apply to both new builds and existing properties. They are however usually much more extensive for new build properties. Most though not all existing properties will have restrictive covenants on their title.

These are agreements imposed on properties whereby the use of the property is regulated. The law they are based on is land law. That this means that covenants are independent of and maybe different to planning or building regulation control. They can be enforced by one owner against another although in practice this very rarely happens. They should however be observed strictly and failure to do so can result in difficulties when the property is  sold.

A Section 38 Agreement is made under that section of the Housing Act 1980.S38 agreements are normally made in connection with roads on a new housing estate. The developer will commit to putting the roads in. Their commitment will normally be supported by a cash bond. Upon the roads being made up and the Estate finished then the Local Authority will take the road over and maintain.

The Agreement should be shown on the Local Authority Search. There can be considerable delays in implementing agreements. Sometimes there is no intention that roads become maintained by the Local Authority. That can be the case with some side roads or if the Estate is very small. In that case the owners will maintain the roads between themselves.

Local Authorities on large developments will normally impose Planning Obligations on the Developer. These obligations will be put into an agreement. Though agreements are known as s106 Agreements. This is after s106 of the Town and Country Planning Act 1990. Campions Conveyancing Solicitors, Pride Park Derby and Mansfield Road, Nottingham City Centre, advise on s106 Agreements when buying  New Build Property and also recent new build property.

The Planning Obligations are of three types.

They are:

  • Set out the nature of the development. This is particularly important for the provision of affordable units, whether to rent outright or buy on a Shared Ownership Basis.
  • Compensate for loss or damage by the development.
  • Mitigate developments impact. This can include provision of public transport. However the Communal Infrastructure Levy Regulations April 2010, limit the s106 Agreements. Planning Obligations though will continue to be important. That is particularly so for Affordable Housing.

All enquiries to scampion@campions.co.uk

The Landowner unless someone else takes responsibility. The Levy normally becomes payable on Planning Permission or Permitted Development. How much is payable? This is decided by a Charging Schedule. That Schedule is prepared by the Charging Authority having regard to various factors. It is payable as pounds per square metre of the development.

We must first state that the Levy is complex. The Levy applies where there is a new build of 100 sq metres or more. If the development is a new house or flat the limit does not apply. There are though a number of exemptions.

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For a payment of £50.00 including VAT upon instruction, you can rest assured that should your conveyancing transaction fall through, for whatever reason, you will not be charged any solicitors fees. This fee is payable per transaction and therefore if you had a sale and purchase with us you would need to pay £50.00 for each.

Should your sale or purchase fall through without having taken the No Move/No Fee option we will charge a fee as is reasonable for the amount of work done by that stage.

A discount of £20.00 plus VAT (£24.00) is available on all transactions if you are one of the following:

First Time Buyer
Cash Buyer
Buy to let Landlord
Previous client (where we acted for over the last 3 years)
If you qualify for this discount, simply deduct this amount from your total online quote and advise us of your circumstances on instruction.

Terms and Conditions

Only one deduction per transaction (e.g if both cash buyer and buy to let landlord we deduct £24.00).

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