Tips and Traps – Buying a New Build
Buying a new build home is exciting, but it’s not the same as purchasing an existing property. The process comes with unique contracts, timelines, and risks. At Garner & Hancock, our expert solicitors guide clients through every stage to ensure their new home purchase is secure and stress-free.
Below, we answer some of the most common questions we receive about new builds.
Garner & Hancock has expert lawyers to help you secure your new home
Why is purchasing a new build different from buying an existing property?
New builds often involve longer timescales, complex contracts, and issues such as planning permissions or the adoption of roads and drainage. Our team advises on these details to protect your investment and make sure you understand the process from start to finish
What will my solicitor look for in the contract?
We carry out thorough searches to check:
- Ownership of the development
- Rights of way and access
- Future developments in the area
- Local authority plans for roads, housing, or shops
In West London, planning rules are constantly evolving, so it’s vital to have experienced solicitors review your contract carefully.
Request for a Legal Consultation
Garner & Hancock realise that the prospect of pursuing a legal matter can be challenging, so we offer an initial phone consultation to discuss your options, and to give you information that will help you make the right choices affecting your case.
Can developers change their standard contract terms?
Traditionally, developers offered contracts on a “take it or leave it” basis. Recently, some have become more flexible. We’ll highlight potential pitfalls and, where possible, negotiate fairer terms on your behalf.
Can I extend the time for exchange of contracts?
Most developers require exchange within 28 days. If you don’t meet this deadline, they may remarket the property or increase the price. We recommend having a mortgage offer in principle ready and ensuring it can be extended if completion takes longer.
Can developers alter the original plans?
Yes. Contracts often allow developers to substitute materials or adjust boundaries if necessary. While changes should not reduce the property’s value, compensation is rarely offered. We’ve successfully renegotiated contracts where changes significantly affected clients, such as smaller gardens or altered access for disabled buyers.
Can I delay completion if there are defects?
Minor issues like unfinished landscaping don’t usually justify delaying completion. Instead, you’ll agree a “snagging list” with the developer before completion. We’ll advise you on how to ensure all important items are included.
What happens before completion?
We’ll carry out final Land Registry checks, finalise your mortgage documents, and ensure funds are ready. Once the property is complete, your lender releases the money, and we register your ownership with the Land Registry.
What are the risks of buying off-plan?
Buying off-plan can mean waiting years for completion. Risks include:
- Property values falling before completion
- Rising interest rates are affecting mortgage affordability
- Legal consequences if you fail to complete
We’ll help you weigh these risks before committing.
What if there’s a serious delay in finishing the property?
Developers rarely agree to fixed completion dates. Case law shows buyers often cannot rescind contracts for delays, though unreasonable delays may justify legal action. Our litigation team can advise if this happens.
Once I’ve bought the property, can I insist on snagging?
Developers are only obliged to fix items on the agreed snagging list. Anything not recorded may be ignored. Always ensure important issues are documented in the contract, not just promised verbally by sales staff. We’ll help you protect your rights.
Our Guarantee
At Garner & Hancock, we believe our business begins and ends with you. We are committed to providing the best client care and advice, giving you confidence that your new build purchase is handled with the utmost care.