New Build Conveyancing
Acting for builders or buyers of new build homes presents its own particular set of problems and potential pitfalls. Although the basic conveyancing principles are the same there are many additional investigations, procedures and obligations both to your client and your client’s mortgagee.
There is a special perspective affected amongst other things by:
- 80% new build bought ‘off-plan’
- ‘Buy to leave’ investors
- Government Housing Aid
What You Will Learn
This course will cover NHBC procedures including ‘e-acceptance’ arrangements and the Buildmark Warranty including:
- E-acceptance - what is it and how do you do it?
- Guidelines for buyer and seller
- The Buildmark cover note and Insurance Certificate
- Exclusions - what is and is not covered
- Shared ownership schemes, mixed use developments
- What if your client discovers a defect and how are their rights affected?
- Insolvency of the builder
Other topics covered will include:
- The Consumer Code for Homebuilders 4th Edition - how this helps your buyer client and what it involves for the builder
- UK Finance/CML and BSA - what particular parts apply to new build homes and a look at the Disclosure of Incentives Form - why is it needed?
- Standard Conditions of Sale - what do they say about new build?
- Requirements of the Conveyancing Protocol
- Help to Buy - perspective of buyer and developer
- Tips when approving a draft New Build Contract
- Relevant case law
- Highways and Sewers - local authority and private maintenance - s.38 Highways Act 1980, Section 104 of the Water Industry Act 1991
- Section 106 of the Town and Country Planning Act 1990 (as amended), commonly known as s106 agreements and Community Infrastructure Levy
- Planning - problem cases, flooding, covenants and easements and indemnity policies
- Overage in the context of new build
- Land registry assistance on plot development
- Typical additional enquiries for new properties
- The day will conclude with a workshop
Please let us know if you wish to be notified.
Please let us know if you wish to be notified when new dates are added for this programme