Buying a new home? What exactly does your solicitor do?

buying-a-house

So, you’ve spent the past few months with your nose deeply buried in property brochures. Your Google search list consists solely of property websites and viewing houses has almost become a hobby.  You’re even sick of the sight of Kirsty and Phil on ‘Location Location Location’

But, at long last, it has happened –you’ve finally found your ideal home!

That’s the hard part right?  Once the mortgage is through, surely all you need to do is arrange a date to pick up the keys and then you can get down to the important stuff, like where to put the sofa and what colour to paint the living room??

Unfortunately not…before keys can be placed in your hand and all your furniture packed up, the legal process of buying a house needs to be completed.  

It’s not a matter of just signing on the dotted line either – the entire legal process normally takes between 6-8 weeks before you can get moving.

What exactly does my solicitor do?

You may wonder what it is exactly that a solicitor does when dealing with buying a house for you.

Your solicitor’s main job is to protect your interests and make sure that all of the title deeds under which you will own the property are in order.

To do this, they have to check the following:-

  • They check all of the title deeds (which may consist of hundreds of pages!) to make sure there is nothing contained in them that may restrict your use of the property.
  • They check the maps of the property and make sure the boundary to the property is correct – after all, there’s no point in buying a house and realising when you go to sell it that you didn’t actually own part of your back garden!
  • They review any survey reports you or your mortgage company have to get to check if work has been done to the property which may to be queried with the seller.
  • They ensure that you are connected to a mains sewer, or that the necessary consents are in place for a septic tank, and that you have access to a public road.
  • They check through paperwork (such as searches and certificates) to make sure that any necessary planning permissions and building control documents are in place.
  • They liaise with you and your mortgage company throughout this process and highlight to you any issues which you should be aware of before you actually buy the house.
  • If there are any service charges or if ground rent is payable, they ensure that these are all paid up to date by the seller so that no unwanted bills arrive at your door once you’ve moved.

All checks and searches have been done – what now??

Once your solicitor is satisfied that everything is in order and any problems have been resolved, they will report to you on the property, and ask you to meet them so that you can sign the contract.

Your solicitor will also contact your mortgage company and ask them to forward mortgage monies through to them directly before you buy.

When can I move in?

Once the contracts are signed, a date is arranged between you and the seller for when money (and more importantly, keys!) will change hands.

On this date, once the financial transaction has gone through via your solicitor, you will officially be able to move into your new home!

Whilst you’re busy picking out wallpaper and getting the TV installed, your solicitor’s job is not finished yet! After completion,  they will deal with the registration of the property into your name.

To be done thoroughly and correctly this entire process will take time. A little time invested now should ensure that when it is your time to sell the property, everything proceeds smoothly.

When you are told the matter is ‘with your solicitor’, rest assured that your purchase is being well looked after and your solicitor will be in touch to allow you to get your keys as soon as possible.
If you would like any further information on the legal process of buying or selling your house, or any other aspect of Property Law in NI, feel free to contact us here 

Buying a new home? What exactly does your solicitor do?

buying-a-house

So, you’ve spent the past few months with your nose deeply buried in property brochures. Your Google search list consists solely of property websites and viewing houses has almost become a hobby.  You’re even sick of the sight of Kirsty and Phil on ‘Location Location Location’

But, at long last, it has happened –you’ve finally found your ideal home!

That’s the hard part right?  Once the mortgage is through, surely all you need to do is arrange a date to pick up the keys and then you can get down to the important stuff, like where to put the sofa and what colour to paint the living room??

Unfortunately not…before keys can be placed in your hand and all your furniture packed up, the legal process of buying a house needs to be completed.  

It’s not a matter of just signing on the dotted line either – the entire legal process normally takes between 6-8 weeks before you can get moving.

What exactly does my solicitor do?

You may wonder what it is exactly that a solicitor does when dealing with buying a house for you.

Your solicitor’s main job is to protect your interests and make sure that all of the title deeds under which you will own the property are in order.

To do this, they have to check the following:-

  • They check all of the title deeds (which may consist of hundreds of pages!) to make sure there is nothing contained in them that may restrict your use of the property.
  • They check the maps of the property and make sure the boundary to the property is correct – after all, there’s no point in buying a house and realising when you go to sell it that you didn’t actually own part of your back garden!
  • They review any survey reports you or your mortgage company have to get to check if work has been done to the property which may to be queried with the seller.
  • They ensure that you are connected to a mains sewer, or that the necessary consents are in place for a septic tank, and that you have access to a public road.
  • They check through paperwork (such as searches and certificates) to make sure that any necessary planning permissions and building control documents are in place.
  • They liaise with you and your mortgage company throughout this process and highlight to you any issues which you should be aware of before you actually buy the house.
  • If there are any service charges or if ground rent is payable, they ensure that these are all paid up to date by the seller so that no unwanted bills arrive at your door once you’ve moved.

All checks and searches have been done – what now??

Once your solicitor is satisfied that everything is in order and any problems have been resolved, they will report to you on the property, and ask you to meet them so that you can sign the contract.

Your solicitor will also contact your mortgage company and ask them to forward mortgage monies through to them directly before you buy.

When can I move in?

Once the contracts are signed, a date is arranged between you and the seller for when money (and more importantly, keys!) will change hands.

On this date, once the financial transaction has gone through via your solicitor, you will officially be able to move into your new home!

Whilst you’re busy picking out wallpaper and getting the TV installed, your solicitor’s job is not finished yet! After completion,  they will deal with the registration of the property into your name.

To be done thoroughly and correctly this entire process will take time. A little time invested now should ensure that when it is your time to sell the property, everything proceeds smoothly.

When you are told the matter is ‘with your solicitor’, rest assured that your purchase is being well looked after and your solicitor will be in touch to allow you to get your keys as soon as possible.
 If you would like any further information on the legal process of buying or selling your house, or any other aspect of Property Law in NI, feel free to contact us here 

A Guide to Property Certificates

house for sale.jpgWhether you are in the process of buying a home for the first time or you are seasoned in the art of buying and selling property, you will no doubt have heard your solicitor mention the need to obtain ‘Property Certificates’ at an early stage in the conveyancing process. 

Like much of the legal jargon related to the process of buying and selling property, it is likely that many people have no idea what these certificates are and why they are necessary – some people may believe it is simply a further cost that is added onto their bill and that these certificates serve no real purpose in the process.

The truth of the matter is that obtaining and reviewing Property Certificates is an essential element in any conveyancing transaction.  Here we have set out for you the purpose of these certificates and why they are so important.

So what exactly are Property Certificates?

In any conveyancing transaction, the seller’s solicitors have to provide property certificates to the buyer’s solicitor. These certificates provide up to date information about the property.

There are two main property certificates:-

  • Regional Property Certificates
  • Council Property Certificates
What is a Regional Property Certificate?

A Regional Property Certificate contains information obtained from the Department of the Environment.  This certificate will confirm the following:-

  • That the road used to access your property is maintained by Transport NI and is not private.
  • That the sewers are either maintained by NI Water or the property is served by a septic tank and that the necessary statutory consent for this is in place.

This certificate will also show the planning history of your property.  Your solicitor will review this certificate along with the title deeds and your survey to make sure that any alterations there have been to the property over the years have the necessary consents in place.

What is a Council Property Certificate?

A Council Property Certificate contains information provided from the Council in which your property is built.   This certificate shows the Building Control history of your property.  This is important as it is the function of Building Control to make sure that any works carried out to your property are up to a required minimum standard.

The Council Property Certificate will also show the correct postal address of the property and confirm if the property is in a smoke control zone which can impact on the type of solid fuel you can use.

Why are Property Certificates important when buying or selling my house?

The information contained within Property Certificates is important when you are buying a property so that you are fully aware of what you are purchasing and the responsibilities and costs which go along with it.  Without these documents being obtained and properly reviewed, you may find yourself liable for the insurance and resurfacing of a private roadway, or the upkeep of a private septic tank or sewage treatment plant.   The buyer of a property that you are selling will also require these documents before they can complete on the transaction and without these being in order you may have difficulties selling your home.

RFlinnRuth Flinn is a Solicitor in the Property Law Department of Francis Hanna & Co Solicitors. She is experienced in all areas of residential conveyancing. If you require any further information  on conveyancing matters, please contact us below or contact Ruth on rflinn@fhanna.co.uk

Buying a new home? What exactly does your solicitor do?

buying-a-house
Ruth Flinn is a Property Law Solicitor with Francis Hanna & Co.  Here, Ruth gives us some information on what a solicitor actually does when helping you buy your new home:-

________________________________________________

So, you’ve spent the past few months with your nose deeply buried in property brochures. Your Google search list consists solely of property websites and viewing houses has almost become a hobby.  You’re even sick of the sight of Kirsty and Phil on ‘Location Location Location’
But, at long last, it has happened –you’ve finally found your ideal home!

That’s the hard part right?  Once the mortgage is through, surely all you need to do is arrange a date to pick up the keys and then you can get down to the important stuff, like where to put the sofa and what colour to paint the living room??

Unfortunately not…before keys can be placed in your hand and all your furniture packed up, the legal process of buying a house needs to be completed.  

It’s not a matter of just signing on the dotted line either – the entire legal process normally takes between 6-8 weeks before you can get moving.

What exactly does my solicitor do?

You may wonder what it is exactly that a solicitor does when dealing with buying a house for you.

Your solicitor’s main job is to protect your interests and make sure that all of the title deeds under which you will own the property are in order.

To do this, they have to check the following:-

  • They check all of the title deeds (which may consist of hundreds of pages!) to make sure there is nothing contained in them that may restrict your use of the property.
  • They check the maps of the property and make sure the boundary to the property is correct – after all, there’s no point in buying a house and realising when you go to sell it that you didn’t actually own part of your back garden!
  • They review any survey reports you or your mortgage company have to get to check if work has been done to the property which may to be queried with the seller.
  • They ensure that you are connected to a mains sewer, or that the necessary consents are in place for a septic tank, and that you have access to a public road.
  • They check through paperwork (such as searches and certificates) to make sure that any necessary planning permissions and building control documents are in place.
  • They liaise with you and your mortgage company throughout this process and highlight to you any issues which you should be aware of before you actually buy the house.
  • If there are any service charges or if ground rent is payable, they ensure that these are all paid up to date by the seller so that no unwanted bills arrive at your door once you’ve moved.

All checks and searches have been done – what now??

Once your solicitor is satisfied that everything is in order and any problems have been resolved, they will report to you on the property, and ask you to meet them so that you can sign the contract.

Your solicitor will also contact your mortgage company and ask them to forward mortgage monies through to them directly before you buy.

When can I move in?

Once the contracts are signed, a date is arranged between you and the seller for when money (and more importantly, keys!) will change hands.

On this date, once the financial transaction has gone through via your solicitor, you will officially be able to move into your new home!

Whilst you’re busy picking out wallpaper and getting the TV installed, your solicitor’s job is not finished yet! After completion,  they will deal with the registration of the property into your name.

To be done thoroughly and correctly this entire process will take time. A little time invested now should ensure that when it is your time to sell the property, everything proceeds smoothly.

When you are told the matter is ‘with your solicitor’, rest assured that your purchase is being well looked after and your solicitor will be in touch to allow you to get your keys as soon as possible.
RFlinnruth flinn is a solicitor in the property law department at Francis hanna & co and handles all aspects of conveyancing, both private and commercial.
If you would like any further information on the legal process of buying or selling your house, please contact Ruth on rflinn@fhanna.co.uk or contact us below.