New Build Purchases - A Practical Guide for Residential Conveyancers

Introduction

As a busy property lawyer, you will know that new build purchases can be complex and high-risk. So, this full day course is designed to provide you with a vital overview on a range of matters that you otherwise might not have time to read about.

This course will focus on key issues that arise in the purchase of properties acquired off-plan.

What You Will Learn

This course will cover the following:

• Land Registry guidance on transfers, easements and plans
• Likely contents of the seller’s pack, including contract and draft transfer of part
• Do restrictive covenants prevent the development?
• Are rights of way adequate?
• Has a utility search been undertaken?
• Has the planning permission been properly implemented? Have pre-commencement and pre-occupation planning conditions been complied with?
• Outline versus full planning permission
• The role of planning (Section 106) obligations
• Planning enforcement limitation periods
• Pre-completion payments by the buyer
• Disclosure of incentives
• Key elements of NHBC conditions & Buildmark cover
• Does a professional consultant’s certificate provide adequate?
• Risks for buyers where the estate roads are to remain unadopted
• Section 104 agreements
• Sustainable urban drainage systems
• Estate rent charges: are the Transfer provisions satisfactory?
• Community Infrastructure Levy: what might happen if post-completion instalments are not paid?
• Role of the New Homes Ombudsman and the key elements of the New Homes Quality Code
• Completion on notice
• Overage traps and pitfalls
• New leases: ground rent restrictions and prohibited leases
• Mixed use lease structures
• Changes to the final certificates and approved Inspectors regimes
• Important changes to building regulations enforcement time limits
• Matters that might not be resolved until after completion