Buying a new build property differs from buying an ordinary house. In addition to getting a power performance certificate your solicitor should discover these information concerning the land prior to the sale goes ahead:
Access – you will want a great right of use of the property and you shouldn’t have to pay for extra towards road maintenance. Normally an agreement is formed between the site developer and the area 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 sign up for insurance against your agreement.
Planning permission – your solicitor will check that planning permission has been received for the property and discover if any conditions have already been attached to the grant. If the permission is associated with conditions (as they often are) you need to check that the developer has abided by these.
Building regulations – building regulation consents need to be obtained by the developer for the property. Building regulations provide a couple of standards for the construction industry to adhere to regarding the use of certain materials and the techniques employed. The local authority has an unlimited retrospective period of time to enforce building regulations and there might be hefty fines involved if the consents were not obtained.
What else becomes necessary before 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 completed to the agreed standard by completion. A good example of something that’s normally agreed upon between the parties is easement and covenant rights for the property. You need to make an effort to make sure that these rights incorporate; the right of access, the right of way, a directly to sewerage, water and drainage and the right of usage over all pipes and cables for utilities.
While not contained in the contract, these agreements should really be obtained generally to guard purchasers of new builds. These could be particularly relevant if buying home off-plan:
Structural guarantees – a structural guarantee should really be given by the developer and/or his building contractors. New Apartments Spain This means if unfortunately the property suffers structural problems, you have the ability to seek compensation. A structural defect does not merely cover the external composition, but additionally internal problems such as bad plasterwork and decoration.
New building insurance – like the NHBC Buildmark scheme. Insurance such as this will cover any problems the property has for approximately 10 years.
It can be advisable where possible to obtain a certificate of approval from an expert supervisor present on site (such since the architect); this individual should be able to guarantee the property’s structural quality.
Given the differences in purchasing newly built property, it is specially important that when choosing your conveyancing solicitors, you pick solicitors who have particular specialist connection with buying new build property.