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Your Home, Your Risk: Why Legal Contracts Matter on Renovations

What value do you place on your home?

Your home is one of the largest investments you will make. In almost all cases, it is your most important asset not just because of its capital value, but because it’s your home and hopefully a sanctuary. Yet so many of us neglect its importance when arranging for works to be undertaken to it.

It is exciting to be improving or extending your home. However, without proper planning and legal safeguards, home improvement projects very often spiral into dispute, financial loss, and even damage to your most valuable asset.

How can you protect yourself?

1. Contractor selection – Select your contractors and professionals very carefully.
2. Defined works – Be very clear about what is and what is not included.
3. Insurance – Make sure the contractor is adequately insured.
4. Contract – Have the contractors and advisers enter into a formal contract.

Selecting a Contractor

Just a few of the many considerations include:

• Where possible, obtaining a personal recommendation, and attending previous jobs and speak to the contractor’s client;
• Checking the contractor’s financial solvency; and
• Ensuring the contractor is adequately insured.

Defining the Works

Make sure that all the works you are instructing to be carried out are clearly defined, and that you specify to what standard these must be completed.

Insuring the Works

Even on small jobs, things can do drastically wrong – a nail through the wrong wall could mean a pipe bursting and flooding your home and any adjoining properties, or faulty wiring could result in fire damage to your property and contents. Standard home insurance will not cover any ongoing works, and you should ensure that your contractor (a) is adequately insured to cover these risks and (b) takes responsibility for such damage by means of a formal contract.

A Formal Contract

The best step you can take to protect yourself is put a proper building contract in place at the outset. A well-drafted contract does more than just describe the works to be carried out – it manages your risk, defines responsibilities, and provides legal recourse if something goes wrong.

Many homeowners assume that standard or unamended forms of agreement offer sufficient protection. In reality, these agreements are inherently contractor-friendly and leave homeowners exposed.

Why do you need a contract?

Without appropriate contractual protection, you may be exposed to serious risks which can affect your ability to live in, sell, or borrow against your home. For example:

1. Defective works

Statutory construction obligations are unlikely to protect you from the full extent of any damage and financial losses you might suffer as a result of poor workmanship. And even where they do, contractors routinely seek to limit your ability to recover losses by inserting onerous limitation clauses into construction forms. Even where you believe you are “covered,” you may find you cannot recoup your losses in practice.

2. Legal and Regulatory Consequences

If works are completed without the necessary approvals or certificates (e.g. building control sign-off or listed building consent), you may be in breach of legal obligations or planning conditions. Standard forms of contract tend to place the burden of complying with these on you, rather than on the contractor. This can cause problems years down the line. Solicitors acting for prospective buyers will raise enquiries about the works, and any gaps in paperwork will come to light.

3. Impact on Property Value and Mortgageability

Failure to complete your project in compliance with your mortgage terms could reduce a valuation of your home – or worse, lose you your mortgage. Mortgage lenders can refuse to lend against properties with unresolved building issues or works which have not been signed off. If you need to refinance or a buyer needs a mortgage, the transaction could fall through.

4. Inadequate Insurance and Uninsured Works

Standard, unamended building contracts often contain minimal insurance provisions, offering little or no protection against professional negligence, leaving you exposed if things go wrong. The risks of professional negligence are real and potentially devastating, as seen in tragic cases like Grenfell Tower.

Your home insurance should be carefully considered to establish if it covers the works, but worse, could also be in jeopardy. Many homeowners are also unaware that their standard buildings insurance policy will almost certainly not cover construction works, and that these need to be insured separately. Failure to notify your insurers or ensure the works are completed in accordance with their requirements could also invalidate your cover.

Your contract, if well drafted, can provide critical protection, allowing you to recover losses arising from negligent or defective works for up to 12 years after completion.

5. Breaching your Leasehold Terms

Leaseholders face heightened risk, as they must comply not only with general legal obligations but also with general legal obligations but also with the specific terms of their lease. Unauthorised works can amount to a breach, exposing the leaseholder to enforcement action or even forfeiture.

Even when works are authorised, problems can arise if the building contract doesn’t require the contractor to comply with the terms of the lease or any licence for alterations. Breach of those terms, however inadvertent, remains the leaseholder’s responsibility. Crucially, you are unlikely to recover losses from the contractor, who is not bound by your lease or licence as they are not a party to that agreement.

Get in touch with our Construction Team

Our specialist Construction Team is experienced in identifying and addressing risks before problems arise. We offer cost-effective, tailored contracts that help safeguard your home and your finances, giving you peace of mind.

Making this small investment now could save you significant time, stress, and expense later – potentially avoiding costly litigation. Get in touch to find out how we can help.

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Selling Smarter: Conveyancing Tips for a Smoother Property Sale

The process of selling your home can be stressful, but with the right approach, it does not have to be. From gaining a good understanding of what to expect to preparing key documents early, these conveyancing tips will help streamline the process, avoid delays and ensure a smoother, more efficient sale from start to finish.

Understanding the Conveyancing Process

Once you instruct your conveyancer and complete the property information forms, they send a contract pack to the buyer’s conveyancer. For leasehold properties, a management pack is also ordered which contains information on management, fees and obligations.

The buyer’s conveyancer conducts searches, surveys and may raise enquiries. Your conveyancer will help respond to these with your consultation, where appropriate.

Once all enquiries are satisfied, both parties exchange contracts and set a completion date. Exchange makes the sale legally binding.

On completion, the buyer’s conveyancer transfers funds, you vacate the property and then hand over the keys. Any existing mortgage is redeemed, and the sale proceeds are sent to you.

Document Provision and Upfront Information

Providing upfront information to your conveyancer allows them to prepare a comprehensive contract pack, identify potential issues and speed up the process.

Although property owners might not have complete records of their documents, providing as much as possible early on makes your property more appealing to buyers.

We recommend you start compiling your property documents when you list the property, to make things easier once a sale is agreed.

At the outset, you will need to provide your proof of identity and address, onboarding documents, and Land Registry Forms:

• Property Information Form (TA6) – discloses key details about the property.
• Fittings and Contents Form (TA10) – Lists items at the property to be included/excluded in the sale.
• Leasehold Information Form (TA7) – Relevant if the property is leasehold.

You should also consider if the following items are relevant to your sale:

• Your mortgage details, so your conveyancer can arrange repayment on completion.
• Newbuild home warranty (i.e. NHBC, LABC, Premier or other providers).
• Planning Permissions, consents and building regulation certificates – for alterations or major works.
• Gas Safety and Electrical Certificates – If available, especially for recent works.
• Warranties and Guarantees – For windows, boilers, etc.
• Dispute and Insurance Claim details.
• Indemnity policies taken out when you purchased the property.

If requires, complete, sign, and serve the Leaseholder Deed of Certificate promptly, as your landlord has 4 weeks to respond.

Communication with your Conveyancer

Effective communication between you and your conveyancer will ensure the smooth and swift progression of your sale. It also helps your conveyancer manage progress towards known deadlines, keeping all parties aligned.

Agree on the best way to communicate with your conveyancer early on. Email will be the primary form of communication throughout the transaction, but notify them if you wish to use alternatives, when appropriate. For example, the best way to reach you for urgent matters, or perhaps you would like time-sensitive updates via WhatsApp.

Quick, clear contact helps resolve issues faster, reduces stress, and lowers the risk of delays or the sale falling through.

Following these conveyancing tips will help ensure a smooth sale. For more information, please contact our Residential Real Estate team via the form below.

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An 8-Step Guide to the Conveyancing Process for Buyers

For first-time buyers and seasoned property owners, the conveyancing process can be rather daunting and complex. This 8-step guide to the conveyancing process explains the key steps of purchasing a property, from instructing a solicitor, through to completion.

Step 1: Instructing a Solicitor

a) Once your offer has been accepted on a property, your first step is to instruct a property solicitor. Choosing the right solicitor is essential for a smooth, stress-free transaction.

b) When making your decision, you may wish to consider several factors such as online reviews, whether the solicitor is fully qualified, and if the firm is on your mortgage lender’s panel. It can also be beneficial to choose a local firm familiar with the area’s property market.

c) Capacity, timescales, and whether the solicitor is part of the Law Society Conveyancing Quality Scheme (CQS) are also important considerations. CQS accreditation demonstrates a firm’s ability to provide residential conveyancing advice to the standards expected by clients, lenders, and the residential conveyancing community. At Quastels, we are proud to have secured membership to the Law Society’s Conveyancing Quality Scheme.

d) Once you have chosen your solicitor, the firm will provide you with a cost estimate. Upon agreement, you will receive a confirmation letter along with documents to sign, officially instructing them to begin the legal process. Your solicitor will request identification documents, proof of funds, and money on account to cover third-party disbursements such as property searches.

Step 2: Arranging a Mortgage (if required)

a) If you require a mortgage, you should apply for this once your offer is accepted.

b) You can arrange this directly with a bank, building society, or through a mortgage broker. Many buyers opt for a broker to help streamline the process by comparing options across the market.

c) Once you receive your mortgage offer, you must provide a copy to your solicitor so they can ensure all lender requirements are satisfied.

Step 3: Property Survey

a) When purchasing a property, the principle of “buyer beware” applies. This means that you are responsible for identifying any potential issues with the property’s condition. A solicitor cannot advise on the physical aspects of the property, as they do not physically inspect the property.

b) A survey is not mandatory, but it can provide valuable insight into the property’s condition. Surveys range in cost from around £350 to £2,000 and typically take between two and four weeks.

c) Conducted by a professional chartered surveyor, a survey highlights structural issues or necessary repairs. If any concerns arise, you may wish to obtain specialist quotes for repairs and use this information to renegotiate the purchase price if necessary. For example, if the property needs an electrical rewire which is going to coast £4,000, you may wish to consider asking the seller to reduce the price of the property accordingly.

Step 4: Property Searches

Property searches are enquiries with public authorities to give you more information about the property you intend to buy. A variety of searches may be required, but the mandatory searches you must obtain if you require a mortgage include:

1. Local Authority Search– Provides details about planning permissions, building regulations, conservation areas, road access, and any enforcement notices affecting the property.
2. Environmental Search– Reveals environmental risks such as flooding, ground subsidence, contamination, energy, and nearby infrastructure projects.
3. Water and Drainage Search– Confirms whether the property is connected to mains water and drainage.

Step 5: Preparing for Exchange of Contracts

a) Once your solicitor receives your search results, survey, mortgage offer, and all relevant sale documents from the seller, they will prepare a ‘Report on Title.’ This report summarises the key legal details of the property, the contract, the lease (if applicable), and the search results. Your solicitor will highlight any areas of concern.

b) Once you are satisfied with the report, you will be asked to sign the contract and transfer the deposit, which is typically 10% of the purchase price unless otherwise agreed.

c) Both you and the seller will agree on a completion date.

Step 6: Exchange of Contracts

a) Your solicitor will proceed to exchange of contracts, once they hold your 10% deposit, signed contract, mortgage offer (if applicable) and instructions from you to proceed.

b) On exchange of contracts, the completion date is agreed and the contract becomes legally binding.

c) Your solicitor will request the mortgage advance (if applicable) in good time for completion.

d) Your solicitor will prepare a final completion statement and invoice showing the total funds required for completion, including Stamp Duty Land Tax, legal fees, Land Registry fees, and the balance of the purchase price.

Step 7: Completion

a) On the completion date, your solicitor will transfer the purchase funds to the seller’s solicitor.

b) The seller’s solicitor will then redeem any outstanding mortgage, pay the estate agent and their own legal fees, and transfer the balance to the seller.

c) Once funds are received, the seller’s solicitor will authorise the release of the keys, which can be collected from the estate agent.

Step 8: Post-Completion

a) Following completion, your solicitor will submit an application to the Land Registry to register the property in your name.

b) Once registration is complete, the Land Registry will update the title into your name reflecting your ownership.

c) Your solicitor will also arrange the submission of your Stamp Duty Land Tax payment to HMRC.

d) If the property is leasehold, a Notice of Transfer will be served on the landlord or managing agent to officially update you as the new owner.

If you require conveyancing services, please complete the form below to get in touch with our Residential Real Estate team.

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