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New Build Conveyancing Lawyers

Buying a new build property can be an exciting prospect, and with builders offering all kinds of incentives and options, such as part- exchanges and deals offering to pay for new furniture, or the Land and Buildings Transaction Tax for the property. It is important to get advice on whether or not these options are suitable to you.

Buying a New Build Property in Scotland

Part Exchange on New Build Purchases

You may have been offered a part-exchange deal on your existing property as an incentive to purchase a new build. The missives may seem highly complex as they include clauses for both the sale and purchase. This is because it is a sale and purchase in the same contract. The builders' solicitors normally issue the missives in a part exchange. The clauses will cover what is being sold, at what price, and the remedy for a breach of contract. An experienced conveyancing solicitor is essential to ensure the builder is also bound into the transaction, and ensure your interests are looked after within the terms of the contract.

When Can I Move into My New Build Home?

Buying a new property from a builder in Scotland has some significant differences from buying a pre-existing property on the market. One of the main differences is when you can have possession of the house. A ‘completion certificate’ is required from the local authority before anyone is allowed to occupy a new property. Where normally you receive the keys on an arranged completion date in the purchase of a pre-existing house, in a new build purchase, the builder will give you an estimated completion date. This completion date may be affected by a number of factors such as bad weather, the availability of materials, or if there is a delay in the inspection from the Building Control Officer who issues the completion certificate. One of the implications of this is that you cannot arrange removal services, or furniture delivery until you have a completion certificate in place, as there is no guarantee that you will be moved in by the estimated completion date.

What Do I Do if I Spot a Defect in My New Build Home?

Your new property will be covered by guarantees by either the National House Building Council or by an insurance company. Defects will normally come under two categories; ‘snagging’ or structural aspects. Any obvious defects will be covered by insurance, and when you move into a new property you should list any defects or potential defects and make them known to the builder. This includes defects in white goods, however, ongoing responsibility for white goods is limited, but should be covered by your statutory rights under the Sale of Goods Act 1979. Repairs that arise within the first two years will be covered, and where there is a National House Building Council guarantee, it will lay out that the builder should correct such items. This does not include for example, cracks appearing in the paint, as this is normally the case in a new build property as the new house settles into the ground. However, external cracks should be dealt with by the builder. Any structural issues within the first ten years of a property’s life will also be covered by guarantee.


"I would have no hesitation in continually using and thereby recommending the legal services of Jones Whyte. I have used the conveyancing legal services many times and found it efficient, thorough and professional. Advice is always at hand and given without delay providing peace of mind that you are in safe competent hands."

Roy Hawes


Contact our New Build Conveyancing Solicitors Glasgow Scotland

We are a team of approachable, responsive, client-focused solicitors, who pride ourselves on offering personalised, tailored advice. Operating throughout Scotland, we offer an open door policy and legal services tailored to your needs and budget. Our experts have extensive knowledge in the property market in Glasgow and the surrounding areas including Barrhead, Bearsden, Busby, Giffnock, Newton Mearns, Paisley, Renfrew, Johnston and East Kilbride. Call us today for a free consultation; there’s no obligation. For clear, down to earth, legal advice and assistance from experienced and highly skilled Conveyancing Solicitors contact us via our online contact form, or give us a call on 01413751222.

 

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