This guide takes you through the whole process, from your first dreams to ownership. It deals with all the steps and provides the “what happens next” to every step. This guide is written to help you through the legal side of buying a new home.
Now that you have decided to buy your own home, what should you do? Buying is a big decision and a long-term commitment. There are lots of sacrifices and commitments. For most people, this is not a decision they take on their own- with today’s deposit/loan requirements, most people cannot afford to buy on their own. It’s a joint decision and is normally made with one’s partner or spouse. This brings another level of commitment and doubles the factors to be taken into account (family, careers, workplace, hobbies/activities). To succeed and be worth the effort, you need to consider all aspects of your (both) life. It should be a good decision from day one, made for good sound reasons and with long term plans in mind.
This is important and does determine both where and what you can afford to buy. There are two elements to budgeting, what you have to contribute to the purchase and what it costs to repay the loan. The legal costs of a new home are approximately 2% of the purchase price. The highest cost is Stamp Duty, which is 1% of the purchase price, excluding VAT. The rest of legal of the costs are comprised of valuation fees, registration fees, legal fees, VAT, and other expenses.
The cost of repaying the home loan is determined by the rate of interest, the loan amount, and the term (length) of the loan. The younger you are, the longer term a bank will loan.
Your bank’s cost of repaying will be considered when considering how much it will lend to you. Your bank will only lend you a specific multiple of your salary (this may also include bonus and overtime). In addition to your salary, your bank will also look at your employment type and how stable employment is. They will also look at any other loan repayments and your spending profile (for instance, it is not a good idea to have lots of gambling payments on your credit card). Therefore, it would help if you had your financial profile in good order before applying for a loan. A good financial advisor will help you how to present your case to a bank best.
With a new home, there will also be additional expenses that you should factor into the equation, such as furniture and household goods.
When you are ready to apply for a loan, you should have now worked out the amount you want to borrow. You may deal directly with a bank or through a mortgage broker. If this is your first-time buyer, you may be better off applying through a broker. You should be seeking approval in principle- in other words, how much your bank will lend you. This is important and will arise later when you bid on a home. Your maximum budget will be the total of your savings and the amount your bank will lend.
Where you decide to buy is important. Primarily it has to be suitable from a work commute point of view. There are other factors to consider, such as other family members’ location, school if you have/plan children, and social activities if you are involved in sports or clubs. It would help if you also kept an eye on the location you are buying, as someday you may decide to sell and move on. If the area is on the way up or has an improving infrastructure, it will be easier to sell later. If the area is on the way down, you may be impacted when you decide to sell, “the day you buy is the day you sell”.
This is now getting down to the actual type of home you are looking for. It would help if you narrowed it down to a specific type and approximate size. This may be an apartment, duplex, townhouse, semi-detached or detached. There are advantages and disadvantages to all. New residential property is priced at what the market will pay. So the more home has going for it, the dearer it will be. Watch out for management service charges as these are annual expenses that are attached to buying certain types of homes, typically apartments, duplexes, and some townhouses.
Now that you have all your work done and hopefully decided on a location and home type, you should start going to scheme launches. These are usually advertised in the media approximately 3-6 weeks ahead of launch. It would help if you visited many different launches to feel what is on offer and its cost. You will also get a good idea of who your new neighbours will be from the launches. Take your time and spend weeks looking at different homes. You will soon narrow the search down, and at that stage, it is a good idea to bring another family member or friend with you for a second opinion. You will meet the selling agents at the launches, and it is worth talking to them as they will help you with queries.
This is the last step in buying your home stage. Do make your decision carefully and consider as many aspects as possible. When you are sure you are ready to buy, don’t hesitate. You need to engage with the selling agent and let them know you have decided to buy. The selling agent will likely only deal with you if you have your loan approval in principle. Suppose you do have that you will be asked to pay a refundable booking deposit (usually €5,000.00) to secure the home. You are not legally bound to buy the home at this stage, but you would be expected to complete it. Sometimes people make genuine mistakes, or their circumstances change, and they can withdraw from the contracts’ formal signing. The selling agent will accept your booking deposit and take all your details, including the name of your Solicitors and lender. You have now agreed to buy, and the next step is the Contracts issued stage.
Management service charges – are charges imposed by management companies on behalf of all of the owners of homes for the provision of services such as maintenance of common areas outside, maintenance of common areas and roofs/walls inside the multiple-unit building, insurance lighting and a whole range of services outside (grass cutting). The fee for all the services and the cost of managing those services is divided equally among all the owners within the same class of development. The charge is an annual charge and is not optional.
Approval in principle – means that your bank has agreed to lend you up to a certain amount on your purchase subject to conditions such as a valuation for the property and your being approved for mortgage protection or life assurance. It is only in principle and is not based on any particular home.
If you are thinking of buying a new build home or are already in the process, why not contact us for straightforward legal advice that cuts through all the usual paperwork and can save you time and money. Call us on +353 1 6281000 or e-mail us at info@newhomelegals.ie