How does conveyancing in Berkshire differ for new build properties?

Most buyers of new build residence in Berkshire come to us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the house is finished. This is because builders in Berkshire tend to purchase the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Berkshire or who has acted in the same development.

I decided to have a survey completed on a house in Berkshire prior to appointing solicitors. I have been advised that there is a flying freehold overhang to the property. Our surveyor has said that some lenders will not grant a mortgage on this type of premises.

It depends who your proposed lender is. Bank of Scotland has different requirements for example to Birmingham Midshires. Should you wish to telephone us we can check with the relevant bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Berkshire. Conveyancing may be slightly more expensive based on your lender's requirements.

My company is hoping to take an assignment of a lease of an office on the high street. Can you recommend lawyers offering fixed charges for non-domestic conveyancing in Berkshire for below £2000?

We can recommend firms who have specialist knowledge of commercial conveyancing in Berkshire, including the sale and acquisition of businesses as well as simply property. If you are looking to acquire or dispose of a shop, pub, restaurant, office, retail premises or a whole business we will put you in touch with the right firm. As for the fees this will depend on the structure and terms of the proposed transaction. Let us have your details or email so as to enable us to provide you with comprehensive commercial conveyancing quote.

Do you have any top tips for leasehold conveyancing in Berkshire with the aim of speeding up the sale process?

• Much of the frustration in leasehold conveyancing in Berkshire can be avoided if you instruct lawyers the minute you market your property and request that they start to put together the leasehold information which will be required by the buyers’ representatives.
If there is a history of any disputes with your landlord or managing agents it is essential that these are settled before the property is put on the market. The buyers and their solicitors will be nervous about purchasing a property where there is a current dispute. You may need to swallow your pride and discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is better to reveal the dispute as over rather than unresolved. Some Berkshire leases require Licence to Assign from the landlord. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference will need to confirm that the buyers are able to meet the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their lawyers. If you have carried out any alterations to the residence would they have required Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Berkshire state that internal structural alterations or laying down wooden flooring necessitate a licence issued by the Landlord consenting to such alterations. If you fail to have the paperwork in place do not communicate with the landlord without checking with your solicitor before hand. The majority of freeholders or Management Companies in Berkshire charge for supplying management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management information can be applied for on or before finding a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Berkshire.

Leasehold Conveyancing in Berkshire - Examples of Questions you should consider Prior to buying

Are any of leasehold owners in dispute over their service charge payments? What is the name of the managing agents? Is anyone aware of any major works anticipated that will add a premium to the maintenance fees?

I have been told by numerous estate agents to expect six to eight weeks for Berkshire conveyancing to complete.This was four weeks ago. The draft contract was only forwarded from the vendors property lawyer yesterday so now does it countdown?

There is no conventional timeframe for conveyancing in Berkshire, or any location. You just have to ensure that your finances are in place and in due course the rest will come to you eventually.