New Builds & Management Companies

A different contract, a different balance of risk — and a company you are joining.

A new build feels like the simplest purchase available — no chain, no previous owner’s extension, no missing deeds. In contract terms it is frequently the least balanced, because you are signing the builder’s document rather than a negotiated one, and often buying something that does not yet exist.

The Builder’s Contract, and What to Read

Expect the builder’s own contract rather than a negotiated Law Society one, frequently in two parts — a contract for the site and a building agreement. Completion dates are often expressed flexibly, so a buyer may have considerably less certainty about when they get keys than they assume, and payment may be staged. What to read closely: the specification, in detail, because what is promised there is what you are entitled to, and finishes or appliances described as being “to the builder’s selection” give you very little. The completion arrangements, including what happens if the build runs late and whether you can withdraw and recover your money. The structural guarantee arrangements. What happens to your deposit and whether it is protected. And any conditions relating to the estate as a whole — roads, services, open spaces, and when they will be taken in charge by the local authority, which matters years later. Then snagging: an inspection of the finished unit by a surveyor or engineer on your behalf shortly before closing. Pay for it properly rather than walking around yourself — a professional finds what you will not and describes it in terms the builder must act on. The awkwardness is timing, since snagging lands close to completion when commercial pressure is highest.

The Management Company You Are Joining

In a multi-unit development, an owners’ management company owns or is responsible for the common areas and for their upkeep, insurance and management, funded by annual service charges. When you buy, you become a member of it — you are not merely paying a charge, you are joining a company with obligations and, eventually, a share of responsibility for how it is run. Legislation governs how these companies operate, how service charges and sinking funds are set, and the transfer of common areas from the developer to the company. As a buyer, look for: the company’s accounts; the level of the service charge and its trajectory; whether a sinking fund exists and is adequate for future major works; whether the common areas have actually been transferred from the developer, which is a recurring problem in Irish developments; and whether there are disputes or significant unfunded works pending. A management company in poor order is a genuine reason to reconsider a purchase. Finally, on the buyer schemes: Help to Buy and the First Home Scheme both exist and both bear mainly on new builds — Help to Buy being a Revenue-administered tax refund for first-time buyers and the First Home Scheme a shared equity scheme run with participating lenders. Their rules, limits, eligibility conditions and price caps are set by Revenue and the scheme administrators and change from time to time. This firm does not advise on tax and states no figure or condition for either: confirm the current position with them directly, and do it before you commit.

Buying a New Build?

Send the contract and the specification early. The specification is where the negotiating room is, and the management company documents are where a purchase occasionally should stop.

Call 01 5827148

Related Reading

New Builds - FAQs

The contract is usually the builder’s own rather than a negotiated Law Society contract, and it is drafted in the builder’s interest. There are frequently two contracts - one for the site and one for the building agreement. Completion dates are often expressed flexibly, so a buyer may have far less certainty about when they will actually get keys than they expect. Payment may be staged. And the property may not exist yet, meaning you are buying by reference to plans and specification rather than something you can survey. Each of those is manageable, but a buyer should understand that the balance of the contract is different from a second-hand purchase and negotiating room is often limited.

General information, not legal advice. This website contains general information about conveyancing and property law in Ireland. It is not legal advice and does not create a solicitor—client relationship. Every transaction turns on its own facts — the title, the planning position, the lender’s requirements and the contract — and advice on yours requires a consultation.

Nothing here is tax advice. Stamp duty, Local Property Tax, capital gains on a sale, and any gift or inheritance tax arising on a family transfer are matters for your accountant or tax adviser and for Revenue’s own guidance. This firm does not advise on tax and states no rate, threshold, relief or condition anywhere on this site. Where a scheme such as Help to Buy or the First Home Scheme is mentioned, the eligibility rules and limits are set by Revenue and the scheme administrators and change from time to time — confirm the current position directly with them.

No valuation, survey or financial advice. This firm does not value property, does not advise on price, and is not a surveyor, engineer or mortgage adviser. A solicitor’s investigation of title is not a structural survey and is not a substitute for one, and no legal work will tell you whether a property is sound or whether the price is right.

Never both sides of the same transaction. The firm acts for buyers and, in separate transactions, for sellers — but not for both parties to the same sale. Conflicts are checked before any substantive discussion, which is why the first contact should identify the property and every party involved.

No timeline is promised. Nothing on this site states or implies that a transaction will close by any particular date. Closing depends on matters outside any solicitor’s control, including the other side, the lender, the chain, and third parties such as local authorities and Tailte Éireann.

Fees. Fees and outlays are agreed in writing with the client at the outset, in accordance with the Legal Services Regulation Act. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.