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Ask Joshua Your Own Question
Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25410
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Is it necessary to apply for searches on a new build prope

Customer Question

Is it necessary to apply for searches on a new build property?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I clarify with you please, when you refer to searches, that you refer to typical searches carried out during a property purchase?

Joshua :

I assume this is the case but for the avoidance of doubt...

JACUSTOMER-tldlfsii- :

Yes

JACUSTOMER-tldlfsii- :

Local Authority, Water & Drainage etc.

Joshua :

Thanks. A

Joshua :

Is a mortgage being obtained for the purchase of the property?

JACUSTOMER-tldlfsii- :

no

JACUSTOMER-tldlfsii- :

cash purchase

Joshua :

Thank you. If the purchase is a cash purchase then the purchaser has the option of proceeding without searches though this will be against the advice of the solicitor. It is prudent to obtain searches on a new build property. Having said that the risk is likely to be appreciably lower in not obtaining searches if the property is part of a development where properties have already been sold and completed simply because any issues are likely to have been picked up by other solicitors by that time.

JACUSTOMER-tldlfsii- :

That's great thanks for your help Joshua

Joshua and 3 other Law Specialists are ready to help you
Expert:  Joshua replied 2 years ago.

Thanks. Just a couple of other points... However having said the above it is always taking a risk in proceeding without searches and if considering doing so weigh the risk against the possible saving carefully. It is possible to ask your solicitor to take out no search indemnity insurance for usually a fraction of the cost of actual searches which can be a half way approach whereby you insure yourself against the risk.

Also sometimes the developer will be willing to make available a local and even other searches to you to save the cost of reapplying. Finally you can carry out a free basic environmental check here:
http://www.homecheck.co.uk/