New-Build Properties

New-Build Properties

Buying a new-build house or apartment can involve different legal and practical considerations from purchasing a second-hand property. New-build contracts, planning documentation, the structure of the development and the arrangements for common areas can all require particular attention.

Our conveyancing solicitors act for purchasers of new-build homes and will guide you through the legal process from paying your booking deposit and receiving contracts through to completion and getting the keys to your new home.

Contracts for new-build properties

Once you have paid a booking deposit, the developer’s solicitor will issue the contract for sale and the legal documentation relating to the property and development.

New-build contracts are generally prepared in the developer’s standard form and may contain detailed provisions dealing with matters such as completion of the property, variations to the development and the respective obligations of the purchaser and developer.

We will review the contract and explain its terms to you before you commit to the purchase, raising any necessary queries with the developer’s solicitor.

Planning, title and the development

As part of the conveyancing process, we will investigate the title to the property and review the relevant legal documentation relating to the development.

Depending on the property, this can include planning documentation, maps, rights and easements, roads and services and arrangements relating to common areas.

For apartments and some housing developments, we will also review the documentation relating to the owners’ management company and advise you on the legal arrangements governing the development.

Mortgages and your lender

If you are purchasing your new home with a mortgage, we will also deal with the legal requirements of your lender.

We will review your loan documentation, arrange for you to sign the necessary mortgage documents and liaise with your lender regarding the drawdown of mortgage funds for completion.

It is important that your mortgage approval and any conditions attached to it remain in place while you are waiting for the property to be completed.

Help to Buy and the First Home Scheme

Many purchasers of new-build homes are first-time buyers and may be using the Help to Buy Scheme or the First Home Scheme as part of their purchase.

Where applicable, we can deal with the legal aspects of these schemes as part of the conveyancing process and ensure that the necessary documentation is in place for completion.

If you are purchasing your first home, you can also read our First-Time Buyers guide.

Completion of your new home

Unlike a second-hand purchase, a new-build property may not be complete when you sign the contract. Completion will usually take place once the property has been finished and the contractual requirements for closing have been satisfied.

As completion approaches, we will liaise with the developer’s solicitor and your mortgage lender, deal with the closing documentation and arrange for the purchase funds to be transferred.

Following completion, we will attend to the legal formalities required to register your ownership of the property.

Conveyancing for new builds

If you are buying a new-build house or apartment, contact O’Connor & Bergin Solicitors for advice on the conveyancing process. We can guide you through the transaction from contracts to completion and advise you on any legal issues that arise along the way.