Vendors' solicitor guidelines
This section of the website outlines what you need to do before and after exchange of contracts with the purchaser’s solicitor.
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What you should do before exchange of contracts
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Before exchange you should check that your client who will be offering the Buildmark cover is a current NHBC registered builder/developer. See Check the NHBC register. If they have left our register after the home has been registered for cover, but before exchange of contracts, we may not provide Buildmark cover. Please contact NHBC on 0344 633 1000 or email cpsupport@nhbc.co.uk to confirm the builder/developer is listed on the NHBC register.
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If the vendor of the property is not the same as shown on the Buildmark documents ensure that the vendor has our authority to sell the property, on an 'unregistered vendor' basis. PLEASE NOTE in the case of an 'unregistered vendor' the deposit and any other payments received under the contract will not be protected by NHBC if the vendor becomes insolvent after exchange of contracts and before completion.
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Pass the Policy Number and Activation Code for the plot to the purchaser’s conveyancer, so that they can access the plot via the Conveyancing Portal. They can do their checks, accept the Buildmark policy and download the policy documentation via this system. Alternatively you can add the case to the case list and then enter the purchaser and their conveyancers details, this activates an invitation to the purchasers conveyancer to access the policy. (Further details are outlined in the user notes).
Vendors' solicitor FAQs
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Most mortgage lenders will not release funds for the purchase of a new home until a warranty provider has issued a cover note.
After making their final inspection and provided that they are satisfied with the standard of construction of the home, our inspector will issue a cover note and hand it to the builder. The builder should pass on the cover note to you to send to the buyer's conveyancer as soon as possible, in order to avoid any delay in the release of funds in time for completion.
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Following the issue of a cover note and online acceptance via the Conveyancing Portal by the buyer's conveyancer, we will issue a Buildmark insurance certificate.
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Buildmark documents for equity sharing arrangements are the same as for standard private development sales as described above.
The Buildmark offer documents are provided by the NHBC registered builder, who will not necessarily be the same party as the equity sharer/lessor (e.g. a Housing Association).
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Buildmark cover is often provided for residential dwellings forming part of a mixed development. Typically these dwellings are apartments within a building that includes an element of commercial use, such as retail outlets.
Where NHBC provides Buildmark cover for residential dwellings in mixed use developments, we may also provide Buildmark Connect cover to provide complementary cover for the non-residential parts of the development.
N.B. Where Buildmark Connect or similar cover is not provided, careful consideration should be given to the issue of who is responsible for attending to defects in non-residential parts of the development and how responsibility for attending to defects in common parts is shared by residential and non-residential occupiers.
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It is not necessary for second and subsequent owners to take an assignment of the benefit of Buildmark cover. They take the benefit of the years remaining on the cover, once their purchase of the home is complete. Your client's obligations under the policy remain unchanged.