Vendors' solicitor guidelines

This section explains what you should do before and after exchange of contracts with the purchaser’s solicitor.

Vendors Solicitor FAQS

What you should do before exchange of contracts

  • 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.

  • 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.

  • Pass the Policy Number and Activation Code for the plot, to the purchaser’s conveyancer so that they can access the plot via our Conveyancing Portal. They can do their checks, accept the Buildmark policy and download the policy documentation via this system.

Conveyancing portal

Complete your checks and provide your client's details

Go to conveyancing portal

Talk to us

If you have any questions on the warranty or the process please see Vendors' solicitor FAQs

Or call us on 0344 633 1000 and ask for 'Customer Services'.

Check the NHBC register

Note that NHBC registered builders and developers are bound by the terms and conditions of the NHBC Rules.

Check NHBC Register

Vendors' solicitor FAQs

When is the Buildmark cover note issued?

Hide Answer

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.

When is the Buildmark insurance certificate issued?

Show Answer

Following the issue of a cover note and online acceptance via the Buildmark acceptance system by the buyer's conveyancer, we will issue a Buildmark insurance certificate. Where our subsidiary NHBC Building Control Services Ltd has acted as the Approved Inspector, the Buildmark insurance certificate will include a statement that 'This home is subject to NHBC's Building Control'. This is confirmation that the Building Control Final Certificate has been issued to the Local Authority.

What if I am acting for a shared equity scheme?

Show Answer

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).

What if I am acting for the sale of a home on a mixed use development?

Show Answer

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.