New Build Properties

Buying a new build property in Ireland involves a different legal and financial process from buying a second-hand home. At McCarthy + Co, our conveyancing team is highly experienced in new build purchases and will help you address any issues with the property efficiently, so that you can avoid complications along the way.

New build, off-plan development

Expert & Efficient New Build Conveyancing

At McCarthy + Co Solicitors LLP, our conveyancing team is led by Joseph McCarthy, who has extensive experience assisting homeowners and prospective homeowners throughout their property buying and selling journeys, including the distinct legal process that applies to new build homes. Whether you are buying off-plan or purchasing a home that is nearing completion, Joseph and his team will guide you through each stage and help you avoid complications along the way.

From a legal point of view, buying a new build home, or one that is still under construction, differs from buying a second-hand property in several important ways. The key differences include:

  • Building Agreement and Contract for Sale – A new build purchase involves two agreements rather than one. Your solicitor reviews the Building Agreement, under which the developer agrees to build your home in line with the plans, as well as the Contract for Sale, which transfers the site to you. A second-hand purchase involves only the Contract for Sale.
  • Stages of Payment – Payments are often made in stages, particularly off-plan, beginning with a booking deposit, followed by a contract deposit, with the balance due on completion. Your solicitor handles these payments to the builder’s solicitor. Paying a deposit does not, by itself, protect you if the builder becomes insolvent, so it is important that the builder is registered with a structural guarantee scheme such as HomeBond.
  • Completion Times – With a second-hand home, the completion date is usually fixed in the contract. With a new build, and especially off-plan, completion can be less certain, and delays can arise from construction, planning, or other issues.
  • Searches and Title – A new build has a shorter ownership history than a second-hand home, so fewer historical title issues arise. Your solicitor still needs to confirm that the relevant planning permissions and building regulations have been complied with.
  • Snag Lists – Before completion, buyers usually prepare a snag list of minor defects or unfinished work for the developer to put right before handover. There is no snag list with a second-hand home, where any issues are instead identified in the pre-purchase survey.
  • Services and Common Areas – Your solicitor checks that the Building Agreement includes an indemnity under seal, by which the builder commits to ensuring that roads, footpaths, sewers, and communal areas are completed and managed to local authority standards. This rarely arises with a second-hand home.

These are just some of the areas where our team provides expert guidance to new build buyers. If you would like to discuss a purchase, arrange a consultation with one of our conveyancing solicitors by completing our confidential online form.

“I had an excellent experience working with McCarthy + Co solicitors during the process of purchasing an apartment. From start to finish, Joseph McCarthy was incredibly professional, responsive, and thorough. He kept me informed at every stage, answered all my questions with clarity, and made what can be a stressful process feel smooth and manageable. His attention to detail and dedication gave me complete confidence that everything was being handled properly. I truly appreciate McCarthy’s support and would highly recommend their services to anyone.”
Mortaza

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Meet Joseph McCarthy

Joseph McCarthy is an associate solicitor at McCarthy + Co Solicitors LLP and has been an integral member of the team since 2013. He is a highly experienced conveyancing solicitor, helping homeowners and prospective homeowners throughout the process of buying and selling their properties. Whether clients are buying a new build home off-plan, purchasing their first home, or moving to a new one, Joseph guides them through every stage with a problem-solving approach and a genuine commitment to making the experience as straightforward as possible.

Joseph’s client-focused mindset shapes his work, as he is known for keeping clients well informed and connecting them with the right expert whenever a matter falls outside his area. If you are buying a new build home, or any other property, and would like trusted, attentive advice, you can contact Joseph directly at joseph@mccarthy.ie.

Joseph McCarthy, Associate Solicitor, Wills & Probate

Frequently Asked Questions

Questions we are often asked in relation to new build properties.

Why should I check that the builder is registered with HomeBond?

It gives you important protection. A structural guarantee scheme such as HomeBond provides cover against major structural defects in a new home, typically for up to ten years. If a registered builder becomes insolvent or fails to put right a structural defect, the scheme can step in to cover the cost of repairs. Choosing a home built by a registered builder therefore adds a valuable layer of financial security and peace of mind.

What is a Price Variation Clause, and should I be concerned about one?

A Price Variation Clause is a provision in the Building Agreement that allows the builder to adjust the contract price if certain costs change during construction, most commonly the cost of materials, labour, or VAT. The clause passes some of the risk of cost increases from the builder to you as the buyer. Wherever possible, your solicitor will seek to have the clause removed or tightly limited. In the current market, builders frequently insist on retaining a clause that permits adjustment if the rate of VAT changes, but broader variations should be challenged. You should never sign a Building Agreement containing such a clause without first taking legal advice.

How much stamp duty will I pay on a new build?

Stamp duty on residential property in Ireland is charged at 1% on the portion of the price up to €1 million, 2% on the portion between €1 million and €1.5 million, and 6% on any portion above €1.5 million. For a new build, the duty is calculated on the price excluding VAT. VAT is currently charged at 13.5% on new houses, and at a reduced rate of 9% on completed apartments (a Budget 2026 measure that applies to apartment sales between 8 October 2025 and 31 December 2030). Where you buy a site together with a separate building agreement, both scenarios are treated as a single residential transaction, and stamp duty at 1% is applied to the combined (VAT-exclusive) cost of the site and the construction works. Your solicitor will calculate your exact liability and arrange payment to the Revenue Commissioners on your behalf. You can read more on our stamp duty page.

What happens when my new home is completed?

Once construction is finished and a Certificate of Compliance on Completion has been issued, the builder’s solicitor will serve a Completion Notice on your solicitor. This usually requires you to complete the purchase within a short period, often two weeks. During that window, you will need to draw down your mortgage, satisfy any final conditions set by your lender, and arrange for the property to be inspected so that a snag list can be prepared and sent to the builder. Once completion takes place, the keys are released and ownership transfers to you. Your solicitor will then register your ownership with Tailte Éireann (the state body responsible for the Land Registry) and ensure that stamp duty is paid within the statutory deadline.

Can I use the Help to Buy scheme to purchase a new build?

Yes. The Help to Buy scheme is a tax refund that can be claimed by first-time buyers who purchase or self-build a new home. The maximum refund is currently €30,000, or 10% of the purchase price, whichever is lower, and the scheme applies to properties valued at up to €500,000. You must take out a mortgage of at least 70% of the purchase price and live in the property as your principal private residence for at least five years. The scheme has been extended to run until 31 December 2029. Applications are made directly to the Revenue Commissioners, but your solicitor will confirm the interaction between the scheme and your purchase contract.

Can I combine Help to Buy with the First Home Scheme?

Yes, the two schemes can generally be used together. The First Home Scheme is a shared equity scheme in which the State takes a percentage stake in your property in exchange for contributing towards the purchase price. It is aimed at first-time buyers, and certain other eligible buyers, who cannot bridge the gap between their mortgage and deposit and the cost of a new home. Eligibility rules, regional price ceilings, and the size of the equity share all need to be considered carefully before you apply, and your solicitor will review the scheme documents before you sign.

What is the role of the Assigned Certifier?

Under the Building Control (Amendment) Regulations, every new build must have an Assigned Certifier, typically a registered architect, engineer, or building surveyor, who is responsible for inspecting the works and certifying that they comply with the Building Regulations. The Assigned Certifier signs a Certificate of Compliance on Completion, which is lodged with the Building Control Management System. Your solicitor will check that this certification is in order before you complete the purchase, as lenders generally require it before releasing the loan funds.

Do I need a survey on a new build?

Yes, it is strongly recommended. Although a new build will have been inspected by the Assigned Certifier and, where applicable, by inspectors from the structural defects insurance scheme, an independent snag list survey is still the best way to identify minor defects and unfinished items that the builder should address before completion. The snag list does not replace the statutory certification process, but it ensures that the property is handed over in the condition you are entitled to expect.

Do I need buildings insurance in place before completion?

Yes. Your mortgage lender will not release the loan funds until a buildings insurance policy is in place, noting the lender’s interest, from the date of completion. You should arrange cover in good time so that any queries raised by your lender can be dealt with before your closing date. Buildings insurance is separate from, and additional to, any structural defects insurance provided by HomeBond or an equivalent scheme.

The Conveyancing Team at McCarthy + Co

Law Firm of the Year

We won the highly coveted overall national “Law Firm of the Year” award at the Dye & Durham Irish Law Awards.

Useful Resources

Some links about home buying that you may find useful:

Our Awards & Accreditations

We are a multi-award winning firm, accredited by the Law Society of Ireland.

Law Firm of the Year - Irish Law Awards
Irish Law Awards 2022 - Winner of Excellence & Innovation in Client Services
Irish Law Awards 2022 - Excellence & Innovation in Client Services
Irish Law Awards 2021 - Litigation Law Firm of the Year (Munster)
Q9000 The Legal Quality Standard of Ireland
Apil Accredited Practice
Law Society of Ireland - Practising Solicitor
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Irish Law Awards Winner 2014