5 legal tips you need to know before you commit
Buying a newbuild home is an exciting milestone, but it’s also a legal minefield. While the idea of moving into a brand new, energy efficient property with no DIY required is appealing, there are crucial legal details that buyers must understand to avoid disappointment later on. Here are five key points every newbuild buyer should know:
1. Newbuild warranty: your safety net
Every newbuild property should come with a structural warranty. This is standard practice and tends to offer ten years of protection against major structural defects. Be sure to check that your warranty is in place and active before you exchange contracts.
2. Snagging: don’t let the small stuff slide
Snagging refers to minor defects in your new home – anything from misaligned doors to unfinished plasterwork. Most developers are contractually obliged to fix snagging issues that are reported within two years of completion. However, once you raise a snagging list, the developer should act within a reasonable timeframe, which is typically a few weeks to a couple of months, depending on the issue.
3. Completion timing: be ready, even if the property isn’t
Legally, you must complete the purchase once your specific plot and its access roads are finished, even if the rest of the estate remains under construction for years. This can mean living amid noise, dust and heavy machinery. Make sure you’re comfortable with that possibility before signing.
4. Delays can happen
Provisional completion dates can be delayed, sometimes by months, even years. If you’re using a mortgage, be aware that your offer might expire before the home is ready. You must be in a financial position to secure funds on short notice, sometimes with little warning.
5. Who looks after the estate after completion?
Once the estate is completed, responsibility for roads, green spaces and communal areas may be handed over to a private estate management company, not the local council. This often involves ongoing service charges, so read the fine print. Know who’s managing the estate and what you’ll be paying for.
Buying a newbuild is exciting, but preparation is key. With the right legal advice, you can enjoy your new home with peace of mind. Please contact member of B P Collins’ property team at enquiries@bpcollins.co.uk or call 01753 889995 for further advice.
