Tips to find a good solicitor for your new home build in Sydney
Building your custom dream home in Sydney is an exciting endeavour! However, you won’t be far into the process before you realise that there is more to the building process than choosing paint colours and rearranging floor plans. Red tape is infamous in the building world for making or breaking timelines. Unfortunately, there is a heavy administration side that first time home buyers find difficult to navigate. If you’re not ready to take on this administrative burden, you’ll need to find a good home solicitor.
If you’re looking to build your new family home in one of Sydney’s beautiful suburbs, it’s important to hire a trustworthy solicitor who understands NSW building laws. It’ll relieve you from all the red tape overwhelm.
Read on to learn more about conveyors, solicitors, and tips for finding the right one to work with you.
Understand New South Wales’ conveyancing law
You may assume that building a home from scratch exempts you from the need to transfer ownership, after all, aren’t you the home’s first owner? However, conveyancing – the act of transferring a legal title from one entity to another – is an important part of the new home process. It’s important whether you’re building a new home or buying one that’s 100 years old.
Conveyancing for a new home, however, is a very different experience with different requirements during a new build than it is when purchasing an existing property. Therefore, you’ll need to hire a layer who understands all the details of the New South Wales conveyancing act.
An experienced lawyer who specialises in property law for new custom home builds will be an incredible asset to you during this stage.
A home lawyer is responsible for successfully handling
- Drawing up the contract of sale: This is the most important document that outlines what the builder is promising to deliver, including all fixtures, finishings and fittings.
- Inclusions and variations: Your contract should have allowances for the builder to make changes as needed. Whether it’s the result of council planning, lack of supply, or something else encountered along the building journey. Your contract needs to allow for and support changes on both ends of the spectrum, without impacting either party too significantly.
- Stamp duty: Your conveyancing solicitor advised on stamp duty costs, including eligible grants and discounts.
When all is said and done, a conveyancer is responsible for handling the legal process of property ownership. This includes all documents, liaisons with relevant parties, support during settlement and ensuring a smooth transfer of title. During your home build, your builder has exclusive access to the worksite to ensure safety, quality assurance, efficiency and security.
Once your new home build is completed, this ownership will be transferred to you with the help of a conveyancer or solicitor.
The difference between a conveyancer and a solicitor
Both are fully qualified to complete your property transfer, yet a solicitor holds a recognised law degree and a certain number of practising hours. A solicitor is automatically qualified as a conveyancer. However, a conveyancer cannot provide the legal assistance required in more complicated situations such as joint ownership or the transfer of the site between builders.
If your build is straightforward with no other builders or parties involved, a conveyancer is generally cheaper and fit for the job. If you have a more complicated situation at hand, a solicitor will be able to help you navigate difficult legal waters.
5 Features of a good solicitor or conveyancer
There are five traits that all good solicitor’s share, including:
- Compassion and understanding
- A good listening ear
These traits are important for your solicitor or conveyancer to have, ensuring that any hurdles you may encounter along the home building journey are dealt with efficiently, appropriately and creatively. The last thing you want is for the person whose meant to be handling the red tape holding up the process.
Your solicitor or conveyancer should be willing to work with you to get the result you desire. They’ll know what to look for and what to ask on your behalf.
Questions to ask your potential solicitor
Conveyancing is a meticulous process that requires hard work and focus on every detail. One wrong form or late submission could be enough to derail your entire building process. When searching for a conveyancer or solicitor, asking the right questions can go a long way in ensuring you hire the right person.
What are your qualifications and experience?
This can give an insight into their knowledge and expertise, and allow you the opportunity to ensure they are registered with the Australian Institute of Conveyancers (AIC) with the latest training
What kind of properties do you specialise in?
Some conveyancers will have more experience than others when it comes to your specific property needs. Some focus on first homeowners, others on investments, house and land packages for first time buyers, a knock down rebuild and so on.
How long will the process take?
Your conveyancer’s experience in your area with your type of situation should allow them to give an idea on the timeframe you can expect between contracts. This will allow you to have realistic expectations and prepare any necessary documentations and finances to keep the process moving along.
How much will it cost?
A good conveyancer will have your budget at the forefront of their mind, so asking them how much their services will cost shouldn’t be an issue. Typically they will be able to provide you with a detailed quote including their fees, the council certificate fees, settlement fees, and more.
How will we communicate?
Every profession requires good communication, but when dealing with people’s money, time and shelter, it becomes even more vital. Poor communication can result in missed opportunities, lost finances and slower timelines. So, it’s important that your conveyancer can guarantee clear and consistent communication through all platforms you’re confident with.
Choosing the right professionals is the best start you can give your home. By knowing what to look for and what is important, you will be setting yourself up for positive and successful experience throughout the entire process.
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New South Homes can help you navigate the entire home build process from first contract to settlement day, with little stress, clear communication and kept promises.
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