New Build Solicitors

Herrington Carmichael is a full service law firm offering legal advice to UK and international businesses as well as individuals and families.
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New Build Solicitors

Meet our experts

Dedicated professionals ready to assist you.

Lauren Adams PNG
Lauren Adams
Plots Purchasing Assistant
Jessica Brooke PNG
Jessica Brooke
Completions Supervisor
Danielle-Gibson-PNG
Danielle Gibson
Registrations Supervisor
Gabrielle Tague PNG
Gabrielle Tague
Plots Purchasing Assistant
Emily Williams PNG
Emily Williams
Plots Purchasing Assistant
Laura-Miller-PNG
Laura Miller
Apprentice Solicitor
Ellan Skeet PNG
Ellan Skeet
Apprentice Solicitor
Holly-Bray-PNG
Holly Bray
Conveyancing Executive
Laura Oakley PNG
Laura Oakley
Conveyancing Executive
MJ-PNG
Mary-Jayne Eldred
Administration Manager

Our team has built a reputation as a leading provider of new build conveyancing as we have been appointed as panel solicitors for the likes of:

  • Ashberry Homes
  • Bellway
  • Berkeley
  • Bovis
  • Barratt
  • Cala Homes
  • Croudace
  • David Wilson Homes
  • Elivia Homes
  • Jaspar Group
  • Legal & General Homes
  • Linden Homes
  • Radian
  • Redrow and many more.

Once you have reserved your property (paid your reservation fee and signed the reservation form with the developer) and instructed your solicitor (returned your completed inception form), we will send you some initial paperwork for you to complete and return. This will cover all the information we require surrounding your personal details and source of funds. Once all of this is completed, we can start legal work and begin to progress towards exchange – we would order searches, check through your mortgage offer, prepare your report, post your paperwork and eventually exchange.

At the point of exchange, your file will be passed to our completion and registration teams. These teams arrange setting up anything required for completion and ensure you make it to completion successfully and smoothly. Following this they will ensure any disbursements are paid (the estate agent’s commission invoice for example) and arrange for an application to be lodged at land registry to register you as the new owner of the property.

Generally, a new build specific or recommended solicitor will be familiar with the time frames that are expected by the developer and they will be able to prioritise the work to meet or even surpass the deadlines in question. At Herrington Carmichael, typically your solicitor will have dealt with the site previously which means we can ensure as fast a turn around as possible. Overall, this means the transaction should progress smoothly and efficiently. Is it beneficial to use the recommended solicitor for my related sale? It is useful to instruct a recommended or new build solicitor for any related sale as they will be better equipped to deal with the time pressures that come with having a developer at the end of a chain. This means that we can better prioritise files to fit with the expectations of the chain and keep all parties well informed throughout the entire transaction.
Our New Build Solicitor fees are a fixed rate, meaning the legal fees will not change throughout your transaction. However, should a situation arise where an additional cost is incurred we would discuss this with you accordingly. Our legal fees should also not be confused with disbursements. Disbursements are third party fees which are out of our control and would be charged regardless of which solicitor you instruct. Disbursements can be subject to change slightly over the course of your transaction but we give our best estimation. Please note that our fees are heavily discounted for sites upon which the developers recommend us i.e. we are their ‘panel solicitors’. We can do this due to our extensive knowledge of the site, the developer and their legal teams.
A Declaration of Ownership (also known as a “Declaration of Trust”) is a legal document commonly used to set out the interests of individual parties where an asset is held in joint names with others. When a couple, for example, purchase their home, they may decide to put in place a Declaration of Ownership to set out their property interests. They could, for instance, decide that the property should be held equally or specify unequal proportions. There are a number of benefits to putting in place a Declaration of Ownership. It not only clarifies the way in which the property is to be owned but also confirms the responsibilities of each of the co-owners, thereby avoiding complications from arising in the future.

Key contact

Annari Holmes PNG
Annari Holmes
Partner, Head of New Build

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Frequently Asked Questions

Find answers to your most pressing questions about our services and processes.

Typically, new build transactions will have deadlines (i.e. to exchange within 28 days of reservation) and so they are dealt with as quickly as possible. It is possible to complete the transaction within a couple of weeks in cases where, for example, there is no chain, the property is already ‘build complete’, and we receive all the necessary information and documents in a timely manner. Sometimes there are unforeseen circumstances which mean transactions are delayed, possibly for a couple of months, usually due to issues in the chain or leasehold sale requirements. It is hard to give an exact time frame; however, we will be sure to update you throughout the process, and the site office should be available to provide you with specific build updates at any point.

To calculate your Stamp Duty payable on your purchase, please visit the following link: https://www.tax.service.gov.uk/calculate-stamp-duty-land-tax/#/intro

As standard, the deposit requested at the point of exchange is 10% of the purchase price less your reservation fee; however, in some situations, the developer may agree to lower deposits. It would be beneficial to discuss or mention this first at the point of reservation, but we can also discuss this prior to exchange as necessary.

Incentives offered by the developer will be deducted from your balance due at the point of completion, so you effectively pay less rather than having any money transferred from the developer to you. The deposit noted in my mortgage offer is different/larger to the deposit you have asked for at the point of exchange – why is this different? The deposit amount referred to in your mortgage offer relates to the entire amount of funds being put towards your purchase by you, aside from your mortgage. The deposit that we ask for prior to exchange of contracts (the contractual deposit) relates to 10% of your purchase price, less your reservation fee.

All lender requirements vary slightly, and we may have to report certain points to them to ensure they are happy, i.e. incentives or gifts. This is not uncommon and is not something you should be concerned about. Any special conditions of your lender will be laid out in your offer.

Each developer will have slightly different requirements when it comes to needing consent for various things. Some examples of things you may need consent for are: Pets Sheds/summerhouses

A local search gathers information from the local authority to provide you with important information about your property and the surrounding area. It typically includes information on planning permissions, building regulations, conservation areas, tree preservation orders, proposed developments and enforcement notices.

An environmental search provides information about any potential environmental risks that could affect your property. It typically includes information on contaminated land, flood risk, radon gas and ground stability, amongst other issues.

The lead time for searches varies depending on which search is ordered and the demand that our search providers are experiencing. When we get to the point of ordering searches, we will be able to provide a more accurate time scale, but a rough estimate is 1 – 10 days.

The developer is responsible for insuring the property until the point of completion. After this point, it is your responsibility and is a requirement of your lender (if you have a mortgage). At completion, we will require evidence that this is in place when you have a lender and cannot complete without it. If you are purchasing a leasehold property, insurance will be the responsibility of the landlord.

Snagging will not delay your completion in any way. Upon checking the property before completion, you can compile a list and request confirmation from the developer when these will be dealt with. In addition, if you notice any snagging issues with your property once you have completed it, you can compile a list and liaise with the site/customer care team, who will arrange for these to be fixed accordingly.

Still have questions?

We’re here to help you.