Buying any new home is a thrilling milestone; however, for those opting for a newly built property, an understanding of conveyancing for new builds is an absolute must. From both a logistical and legal standpoint, purchasing a new build comes with its own set of challenges. The conveyancing process for new builds differs significantly from buying second-hand properties.
With a new build, there’s more scope for unforeseen issues and obstacles, leading to uncertainty and frustration with the lack of progress. Any problems or setbacks during the building process can have a knock-on effect on the conveyancing side of things.
So, for those brave enough to purchase a home with freshly laid bricks and mortar, it’s essential to have the guidance of an experienced home conveyancing solicitor by your side. Understanding the most common pitfalls can help buyers make informed decisions and avoid unnecessary setbacks.
Why conveyancing for new builds requires particular attention
In towns all over Ireland, the number of new houses being built has risen steadily to meet the current housing targets set by the Irish Government. Last year alone, the number of homes in housing schemes and estates rose by 4.6% to 16,200. And this housing boom is set to continue, as the recently published Programme for Government outlined a target of 300,000 new homes by 2030.
But what does this mean for the conveyancing process?
New build properties often involve more moving parts than traditional home purchases. Think about all the elements of the home that need to come together, from the planning permission, laying the foundations, construction, to the overall finishing touches. But at the end of the process, the aim is to have a fully constructed home. However, even the best-laid plans can go awry. New build transactions can very quickly become complicated by contracts tied to developers, incomplete infrastructure, and evolving planning permissions. Buyers are often dealing with properties that do not yet exist in physical form, which makes timing and due diligence especially critical.
So, what can hopeful homeowners do to ensure a smooth conveyancing process when buying a new build?
Common pitfalls when buying a new build property
1. Overly optimistic timelines with conveyancing for new builds
One of the most common challenges home buyers face is underestimating how long the conveyancing process can take. Developers may suggest a quick turnaround, but the legal work involved in conveyancing for new builds is rarely straightforward. Of course, a common frustration with new builds is delays with the construction itself. The difficulty lies in getting all your ducks in a row so that the timeline for both construction and conveyancing match up for a more realistic finishing date. Here are some of the issues that may delay the conveyancing process:
- Delays in finalising planning permissions
- Incomplete or delayed snag lists
- Issues with connection to utilities
All of these can impact move-in dates and create frustration if expectations are not managed from the outset.
2. Unclear contracts and lack of legal review
Developers often present buyers with lengthy and complex contracts, which can be mind-boggling for potential homeowners, especially first-time buyers. Without a thorough legal review, buyers may unknowingly agree to terms that are not in their best interest. Watch out for:
- Ambiguous clauses around completion dates
- Penalties for delayed payments
- Conditions related to mortgage approvals
This is where the guidance of a conveyancing solicitor is worth every cent. Engaging a solicitor early on in the process to review the contract ensures the buyer’s position is safeguarded before signing.
3. Planning permission and compliance issues
It’s not uncommon for new builds to have planning permissions that are pending or subject to amendments. A diligent conveyancer will ensure that:
- All planning permissions are in place and properly documented
- There is compliance with Building Regulations in Ireland
- Any potential issues with access roads, drainage or services are fully investigated
These elements must be checked out and verified before finalising the sale. Otherwise, new homeowners run the risk of dealing with significant complications post-purchase, which will certainly take some of the shine off the celebrations in the new home.
4. Incomplete developments and shared infrastructure
In large housing schemes, buyers may find themselves moving into homes surrounded by ongoing construction. Beyond the noise and disruption, there are legal implications if the infrastructure serving the property is incomplete. Solicitors will review:
- Management company structures and obligations
- Developer responsibilities for roads, footpaths and lighting
- Guarantees on completion of shared amenities
Again, it all comes down to clear communication regarding realistic timelines and expectations. While it may be exciting to get the keys as soon as possible, the last thing a new homeowner wants is their tranquil home being disturbed by the constant hum of construction vehicles.
5. Issues with title and boundaries
Title issues are particularly important with new builds. Developers must ensure the site is properly registered and boundaries are clearly marked. A conveyancing solicitor will:
- Check for a clean, marketable title
- Ensure that property boundaries match the site plan
- Confirm that no rights-of-way or easements impact the property
How home buyers can avoid issues during conveyancing for new builds
Navigating the purchase of a new build home doesn’t need to be daunting. By working with a solicitor experienced in conveyancing for new builds, buyers can anticipate potential challenges and avoid missteps that could delay the process or add extra costs. Buyers should also:
- Ask their solicitor to explain the contract in plain language
- Request updates on planning and compliance status
- Secure mortgage approval early, with flexibility on completion dates
- Visit the site, if possible, to understand the progress and surroundings
We’re here to help with conveyancing for new builds in Ireland
The conveyancing process for new builds demands care, insight, and a solicitor who understands the nuances of buying a property that may still be under construction. However, with the right legal guidance, buyers can avoid common traps and enjoy peace of mind as they step into their new home.
At Summit Law, we have a dedicated conveyancing team with extensive experience supporting clients through the purchase of new build properties of all shapes and sizes. Our team of conveyancing solicitors are highly skilled at identifying potential pitfalls early and offering clear, practical advice to help you move forward with confidence, bringing you one step closer to being a proud homeowner.
Are you planning to purchase a newly built property? Contact us today – our team will ensure your transaction runs smoothly from contract to keys.