Q:Occasionally we offer incentives to buyers to move in before the property is actually finished. Practical completion then takes place after legal completion. Is it true that we no longer be able to do this?

April 1, 2003
Yes. From April 1 2003 lenders will not release the mortgage funds for a new property until the buyer&amp;’s conveyancers receive confirmation in the form of a cover note that the property has received a satisfactory final inspection, and that a full new home warranty will be in place on or before legal completion. <p></p><p> It is envisaged that immediately after a property has passed final inspection the warranty provider will give a cover note to the builder. A builder or a builder&amp;’s conveyancer will then pass the cover note to the buyer&amp;’s conveyancer. </p><p> This will apply to all new properties being built or converted in accordance with a new home warranty scheme and with exchange of contracts on or after April 1 2003. This will not apply to self-build schemes where the construction or conversion of a property is being supervised by a professional consultant without a new home warranty scheme. You should therefore bear in mind when calculating the legal completion date in any contract that:</p><p> l the conveyancer will be unable to submit the certificate of title to the lender to allow mortgage finds to be released until the conveyancer has received the cover note; and …

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