My god-son is purchasing a house that has just been built in Denbighshire with a mortgage from RBS. His solicitor has advised him of a delay in completing the ‘Disclosure of Incentive Form’. Who needs to receive the form?

The document is intended to provide information to the main parties engaged in the transaction. Therefore, it will be provided to your son’s lawyer who should be on the RBS conveyancing panel as a standard part of the process, and to the valuer when requested. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the RBS conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.

As a novice what is the most important number one tip you can give me regarding purchase conveyancing in Denbighshire?

Not many law firms shout this from the rooftops but conveyancing in Denbighshire or throughout England and Wales is an adversarial experience. Put another way, when it comes to conveyancing there is plenty of opportunity for friction between you and others involved in the transaction. For example, the seller, estate agent and on occasion your lender. Selecting a lawyer for your conveyancing in Denbighshire an important selection as your conveyancer is your adviser, and is the ONLY person in the process whose responsibility is to protect your best interests and to protect you.

We are witnessing a definite ongoing adversarial element to conveyancing- someone must be blamed for the process being so protracted. You must always trust your conveyancer above the other parties in the conveyancing process.

Will commercial conveyancing searches reveal impending roadworks that may impact a commercial property in Denbighshire?

Many commercial conveyancing solicitors in Denbighshire will order a SiteSolutions Highways report as it dramatically cuts the time that conveyancers invest in sourcing accurate data on highways that impact buildings and development assets in Denbighshire. The report sets out definitive data on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Denbighshire.

For every commercial conveyancing transaction in Denbighshire it is crucial to investigate the adoption status of roads surrounding a site. Failure to identify developments where adoption procedures have not been addressed adequately can cause delays to Denbighshire commercial conveyancing deals as well as present a risk to future plans for the site. These searches are not ordered for domestic conveyancing in Denbighshire.

How does conveyancing in Denbighshire differ for new build properties?

Most buyers of new build premises in Denbighshire contact us having been asked by the developer to exchange contracts and commit to the purchase even before the residence is finished. This is because builders in Denbighshire typically acquire the site, 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 conveyancing solicitors 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 Denbighshire or who has acted in the same development.

Due to the encouragement of my in-laws I had a survey completed on a house in Denbighshire ahead of instructing solicitors. I have been informed that there is a flying freehold aspect to the house. My surveyor advised that some lenders may not give a loan on this type of premises.

It varies from the lender to lender. Lloyds has different instructions from Nationwide. Should you wish to call us we can look into this further via the relevant lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Denbighshire. Conveyancing may be slightly more expensive based on your lender's requirements.