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CML confirms new rules for new-build lending

Wednesday, 11 June 2008 12:00 AM

The Council of Mortgage Lenders (CML) has announced it is to introduce new standards for industry professionals who act for lenders on newly-built property transactions.

The new procedures, which come into effect on September 1st, will ensure the conveyancing and valuation processes capture the true value of the property, reducing risk for both borrowers and lenders.

Of late some lenders have been concerned that the valuation and conveyancing processes do not always capture discounts and other incentives that buyers may be able to negotiate with developers when purchasing newly-built property.

This may mean that, in some instances, lenders might unintentionally offer a mortgage based on a valuation of a property that is higher than the true price paid for it.

In response, from September, lenders will require builders or developers of any newly built, converted or renovated property to complete a new 'disclosure of incentives' form.

This will be reinforced in the CML's 'Lenders' Handbook', which sets out specific requirements for conveyancers acting on behalf of lenders in property transactions.

"We are introducing these measures to help sustain confidence in the market for newly-built property," said CML's director general, Michael Coogan.

"Lenders need to know about discounts and other incentives so they can be sure that the decision to offer a mortgage is based on a reliable valuation of the property.

"The new measures will provide additional security and safeguards for borrowers, as well as lenders.

The CML has been working with surveyors and house-builders to ensure that the valuation of new properties is more reliable and robust.

In September, the Royal Institution of Chartered Surveyors will be amending its guidance to members to reinforce the requirement to disclose incentives to lenders.

Furthermore, the Home Builders' Federation (HBS) and Homes for Scotland (HFS) have recently reinforced their own codes of conduct to encourage greater transparency about discounts and other incentives. And a number of major builders are taking their own steps to address the issue.

The changes are in line with those introduced by the Royal Institution of Chartered Surveyors (Rics), which were announced earlier today.

"We welcome the support of Rics and house-builders in implementing this solution. Responsible builders and developers understand that lenders must have confidence in the valuation process," said Mr Coogan.

"They are supporting our initiative because they understand that, in making these changes, we will reinforce confidence in the new-build market."

The changes have been broadly welcomed by the industry.

"These initiatives will ensure that housing developers maintain the confidence of mortgage lenders, and help facilitate the process of buying a new home," concluded a joint statement from the HBF and HFS.

Chris O'Toole

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