Author: Simon Seaton

Simon Seaton Avatar
  • Nationwide Part 2 Update: Valuations, Environmental Reports and Fire Risk

    Nationwide Building Society updated three answers in its UK Finance Lenders’ Handbook Part 2 requirements on 21 October 2026. The revised wording addresses valuation assumptions, environmental and property reports, and fire risk assessments for blocks of flats.

    For conveyancers, the practical task is to distinguish between matters that require a referral, matters that require advice to the borrower, and information that must be obtained and retained on file. The documents Nationwide wants to receive also differ according to the issue.

    This article considers the revised wording supplied for sections 4.1a, 4.3a and 5.4.4a. It does not suggest that every requirement within those answers was introduced for the first time on 21 October. Always check the full current Handbook requirements alongside the mortgage offer and any case-specific instructions.

    Valuation assumptions: start with the mortgage offer

    Nationwide’s revised answer to section 4.1a explains that a property inspection is not arranged in every case. Where a conveyancer receives a valuation report, it should be used as part of the checks required by sections 4.2 and 4.3.

    However, Nationwide expressly instructs conveyancers not to request a copy of the valuation report where one has not been provided.

    Instead, Nationwide says that, where possible, assumptions made by the valuer about the property and its title will be shared in the Conditions section of the mortgage offer. Reviewing those conditions should therefore form part of the process for comparing the lender’s assumptions with the legal investigation.

    This reinforces the importance of reading the offer and the Handbook together. Our article on the relationship between mortgage documents and conveyancing instructions considers why relying on a single document can leave important requirements overlooked.

    When is a further referral unnecessary?

    The revised wording in sections 4.1a and 4.3a explains that a further referral is not required where it is evident from the information in the mortgage offer that the valuer has already considered the relevant matter. Nationwide gives ground rent details as an example.

    That qualification matters. The exception does not apply where the conveyancer’s investigation reveals:

    • Material differences from the information contained in the offer; or
    • Additional adverse provisions that were not disclosed within the offer.

    The file should record what the offer says, what the investigation established and why a referral was or was not required. A reference to ground rent in the offer should not be treated as blanket approval of every provision in the lease.

    For existing owners, lender reporting requirements are only part of the picture. If ground rent is now causing difficulties when selling or remortgaging, When I Bought’s guide to ground rent problems explains why it may be worth reviewing what you were told about the lease during your original purchase.

    Environmental reports: distinguish borrower advice from lender reporting

    Nationwide’s revised answer to section 5.4.4a says that it does not require environmental or ancillary reports requested for the borrower, including flooding, contamination, energy and infrastructure reports, even where adverse information is revealed, provided the stated conditions are met.

    Those conditions include ensuring that the borrower is aware of the issue and has been advised that:

    • Full disclosure must be made to the insurer before completion; and
    • Insurance must be obtained on normal terms.

    This should be read alongside the specific reporting requirements within the same answer. A general statement that environmental reports need not be supplied does not remove the express requirements concerning contaminated land, climate hazards, radon, mining and other listed matters.

    Nationwide also says that it does not need to be told that a property is close to HS2. That instruction concerns reporting to the lender. It does not determine what advice the borrower needs about the property.

    Which reports and findings need particular attention?

    Issue Practical requirement under the revised wording
    Contaminated land Report contaminated land issues revealed by the local search that have not been remedied.
    Energy Performance Certificate For purchase applications, obtain a valid EPC and retain it on file before exchange. Nationwide does not need to be told the EPC rating.
    Climate Hazard Report Where the borrower requests a report, refer matters that directly affect the property and are assessed as Medium/Moderate or High exposure risks for future climate scenarios or epochs. Append the entire report.
    Radon area Where the local search identifies the property as being in a radon gas area, Nationwide does not require a referral. Advise the applicants, who may proceed at their own risk.
    Property-specific high radon level Where the local search identifies the property itself as having a high radon level, refer the matter to Nationwide so it can seek advice from the valuer.
    Mining Send any mining report showing a mine entry or adit within 20 metres of the property, or where there has ever been a subsidence claim. Supply the interpretive report and buffer report at the same time.

    Climate hazards: the borrower still needs the full results

    The climate wording distinguishes the information that must be reported to Nationwide from the information that must be given to the borrower.

    Where a Climate Hazard Report is obtained, Nationwide says that the borrower must be notified of the results in full and given information about where to seek further information or advice.

    Conveyancers should therefore avoid treating the lender’s reporting threshold as the boundary of their communication with the client. A finding that does not meet Nationwide’s referral criteria may still need to be explained to the borrower.

    The wording refers to a report requested by the borrower. It should not be presented as imposing a universal requirement to obtain a Climate Hazard Report on every Nationwide transaction. For the wider purchase-advice context, see our article on climate risk and the advice given when buying a property.

    Mundic reports: check the postcode, construction date and classification

    Nationwide sets out specific instructions for properties in the following postcode areas:

    PL10, PL11, PL12, PL13, PL14, PL15, PL16, PL17, PL18, PL22 and PL23.

    For a property in one of those areas, the borrower must be asked whether they have a Mundic Report. Where a report exists, the classification determines the next step:

    • A classification: confirm that the report provides an A certification, including classifications such as A1 or A2.
    • A/B classification: refer the matter to the issuing office.
    • B or C classification: Nationwide’s wording says these must be declined.

    If the borrower does not have a Mundic Report and the property was built before 1965, refer the matter to the issuing office and await further instructions.

    Blocks of flats: establish whether the fire risk assessment is current

    For security situated in a block of flats, Nationwide requires information about the contents of the most recent Fire Risk Assessment, or FRA.

    The conveyancer must obtain confirmation from the managing agent, freeholder or Principal Accountable Person that the FRA remains in date. Nationwide explains this by reference to the recommended review or reinspection date: that date must not already have passed.

    The revised wording says that a block without a current, in-date FRA is unacceptable. It also says that, where the block is required to have an FRA but does not have one, the case is unacceptable and must be declined. A promise that an assessment will be commissioned should not be treated as satisfying the requirement.

    Outstanding FRA recommendations require further investigation

    Conveyancers must also ask whether any recommended works remain outstanding. Where they do, obtain:

    • Full details of the outstanding recommendations;
    • The anticipated timescales for completing the work; and
    • Details of any costs to be met by the leaseholder.

    That information must then be referred to the issuing office for review.

    Nationwide expressly says not to send a copy of the FRA. This contrasts with a reportable Climate Hazard Report, where the entire report must be appended. A standard process of sending every underlying report to the lender would therefore fail to reflect the different instructions.

    If you already own a flat and fire safety or cladding issues are now affecting a sale or remortgage, visit When I Bought’s guide to cladding and building safety problems. The documents and advice provided when you bought may be relevant, although a problem arising today does not, by itself, establish that the original conveyancing advice was inadequate.

    Allow at least two weeks before exchange for lender enquiries

    The revised answers to sections 4.3a and 5.4.4a repeat Nationwide’s instruction that all lender enquiries must be submitted with the full documentation and requirements at least two weeks before exchange, allowing time for review and decision-making.

    For firms, this means identifying referral points early enough to obtain the necessary information before the proposed exchange date. An incomplete enquiry may leave the lender unable to make a decision within the intended timetable.

    The two-week period is not a guarantee of approval or a promise that every enquiry will be resolved within that time. Nor should a portal acknowledgement or the passage of time be treated as consent. Our article on why a lender portal acknowledgement is not approval explains the importance of recording the actual decision.

    The same timing requirement also appears in the Nationwide lease extension wording discussed in our October update on Nationwide’s lease extension requirements.

    Turn the revised wording into practical file checks

    A useful review of an affected Nationwide purchase file should establish:

    1. Whether the Conditions section of the offer records relevant valuation assumptions.
    2. Whether the legal investigation reveals material differences or additional adverse provisions.
    3. Which findings require borrower advice, lender referral or both.
    4. Whether a valid EPC is on file before exchange for a purchase application.
    5. Whether any relevant Mundic, mining, radon or climate reporting requirement has been addressed.
    6. For a flat, whether the FRA is current and whether outstanding recommendations require a referral.
    7. Whether each enquiry includes the required information and has been submitted at least two weeks before exchange.
    8. Whether any necessary lender decision has actually been received and recorded.

    The aim is to make the reasoning visible on the file. A colleague reviewing the matter should be able to understand what was checked, what the client was told, what was reported and what Nationwide decided.

    Reviewing an earlier transaction? Check the instructions from the relevant date

    The revised wording is relevant to the handling of current transactions. It should not be used on its own to judge what a conveyancer was required to do on a purchase completed years earlier.

    Where the question concerns an earlier Nationwide mortgage, consult the Lexsure Lender Archive for Nationwide Building Society to investigate the historical Part 2 requirements.

    The dated lender instructions are one part of that review. The mortgage offer, case-specific correspondence, transaction documents and advice actually given also need to be considered. An archive record does not, by itself, establish compliance or a breach.

    How will your firm spot the next lender instruction change?

    A change to a lender’s Part 2 answer can affect the enquiries you raise, the documents you obtain and whether you can proceed to exchange. Your file procedures need to reflect the instructions that apply to the transaction.

    LENDERmonitor notifications help firms identify changes to lenders’ Handbook requirements, giving conveyancers a prompt to review the revised wording and consider its effect on their work.

    Explore LENDERmonitor notifications →

    This article summarises selected wording supplied for Nationwide Building Society’s Part 2 update dated 21 October 2026. It is not a substitute for checking the complete current UK Finance Lenders’ Handbook, the mortgage offer and any case-specific instructions.

  • My New-Build Passed the Legal Checks. Why Have I Found Defects?

    You have bought a newly built home. Your conveyancer checked the legal documents, the lender released the mortgage money and the developer handed over the keys.

    Then you discover a leaking window, a door that will not close or an unfinished installation. You thought the property had already been checked.

    Conveyancing, building-control documentation, warranty cover and a physical inspection serve different purposes. Understanding what each covers should form part of the buying process, before completion brings those assumptions into focus.

    For conveyancing firms, the practical task is to explain the scope of the legal work clearly while recognising when a reported physical problem requires legal investigation or advice.

    What does a conveyancer check on a new-build purchase?

    The precise work depends on the property, contract, instructions and mortgage requirements. It commonly includes investigating the title, reviewing the purchase contract, considering relevant planning and building-control documents, and checking warranty arrangements.

    The conveyancer also advises on legal matters affecting the buyer’s obligations and the transaction. These may include completion arrangements, restrictions, estate-management provisions and outstanding information.

    That work does not ordinarily involve inspecting the finished home or testing its construction and installations. A document confirming a drainage arrangement, for example, does not itself establish that a particular pipe has been installed correctly.

    The client should understand who will assess the physical property, what that assessment includes and what remains outside its scope.

    Four different checks buyers can confuse

    Check or document Its purpose What the buyer should clarify
    Conveyancing Investigation and advice on legal matters within the agreed instructions. Which documents and issues have been examined, and what remains unresolved?
    Mortgage valuation Assessment for the lender’s lending purposes. What separate inspection is needed for advice about condition?
    New-home warranty Protection defined by the particular warranty and policy terms. What is covered, who responds and what conditions or exclusions apply?
    Physical inspection Assessment of the property within the inspector’s agreed scope. Which areas and installations will be inspected, and what cannot be assessed?

    RICS explains the distinction between a mortgage valuation and a survey. Buyers should discuss the appropriate inspection for a newly built property with a suitably qualified professional.

    A warranty needs explanation as well as confirmation

    A buyer may hear “ten-year warranty” and assume that every problem will be covered for ten years. The actual protection depends on the scheme and policy.

    For example, NHBC describes different stages of Buildmark protection, including an initial builder warranty period followed by insurance cover subject to its terms. That structure should not be treated as a description of every provider’s product.

    The buyer should receive the applicable documents and understand where to find the reporting procedure, cover limits and exclusions. Confirming that a warranty exists is different from advising that a particular defect will be covered.

    If something is unclear or a required document is missing, identify the issue before assuming that the arrangements are complete.

    Discuss inspection access before completion approaches

    Inspection arrangements should be considered early enough to identify access requirements, the person undertaking the inspection and the process for reporting findings.

    For purchases covered by the New Homes Quality Code version applying to homes reserved from 2 March 2026, the developer must provide an opportunity for a pre-completion inspection by the customer or a suitably qualified inspector. The Code provides for this after the notice to complete, or earlier by agreement.

    Coverage must be checked. The applicable developer arrangements and reservation date matter; buyers should not assume that every new home carries identical inspection rights.

    The Code’s standard inspection checklist also has a defined purpose. Ask the inspector what the proposed service includes, whether additional investigations are appropriate and which limitations will appear in the report.

    Finding snags does not automatically postpone completion

    A buyer who receives an inspection report shortly before completion may assume that every item must be resolved before they are required to pay.

    The New Homes Quality Code states that its pre-completion inspection checklist is not intended to delay or prevent completion under the notice to complete. It nevertheless requires the developer to respond to the inspection results through the Code’s procedures.

    That does not settle every dispute about serious defects, safety or readiness for occupation. Those concerns require prompt technical assessment and legal advice about the particular contract and circumstances.

    Send the findings to the conveyancer promptly. Do not assume either that an inspection report automatically permits delay or that every reported issue can safely be left until after moving in.

    When a physical finding creates a legal question

    A technical report may identify facts that require the conveyancer to investigate further.

    For example, an inspector may report an apparent difference between the finished property and supplied plans, incomplete work affecting occupation or an installation for which relevant documentation has not been produced.

    Those are illustrative situations. The inspector assesses the physical issue within their competence. The conveyancer considers any resulting contractual, documentary or other legal implications within the retainer.

    A general statement that the firm does not advise on physical condition should not become a reason to overlook a legal question expressly raised by the findings.

    Make the Report on Title useful to the buyer

    The report should help the client understand the decisions and actions required before committing, including relevant inspection arrangements and the limits of the legal work.

    For a new-build purchase, consider whether the client understands:

    • what the conveyancer has investigated;
    • what requires physical inspection or specialist assessment;
    • how the completion process operates under the contract;
    • which warranty and consumer-code arrangements apply;
    • how to raise inspection findings before completion; and
    • which documents and reporting routes will be needed afterwards.

    A buyer’s acknowledgement should support that explanation. Our article, The Client Signed the Report on Title. But Did They Understand It?, examines why receipt and understanding need separate consideration.

    Lexsure’s Knowledge Hub includes survey reporting wording for consideration when explaining the role of a separate inspection. Any wording used must be adapted to the particular property, instructions and advice.

    Align the retainer, reporting and staff conversations

    A firm’s website, quotation, client care documents and Report on Title should give a consistent account of the service.

    Lexsure’s paragraph on conveyancing scope, survey reports and property condition addresses the distinction between legal work and specialist assessment. The firm must still consider legal issues arising from a report and make its actual instructions clear.

    The CQS CPMS Client Care Policy template provides a wider framework covering matters including managing expectations and referring clients to third parties.

    Our guide to managing expectations during conveyancing explains why those discussions should begin early.

    Keep a usable record of defects and responses

    Buyers should retain inspection reports, photographs, correspondence and records of promised work. Identify the location and nature of each reported defect, when it was notified and the response received.

    Keep the warranty documents, applicable complaints procedure and relevant deadlines accessible. Where a concern involves the legal work, identify the specific advice or document in question rather than assuming that a construction defect establishes a conveyancing failure.

    The warranty paperwork also needs to be completed and delivered. Our NHBC Buildmark post-completion checklist explains portal acceptance, obtaining the insurance certificate and recording delivery to the client and lender where required.

    Does your reporting explain what has been checked?

    A new-build buyer should understand the legal findings, the need for appropriate physical inspection and the actions required before completion.

    Explore Lexsure’s e-ROT Report on Title service to support structured reporting. Adapt the wording to the contract, property, inspection findings and client’s circumstances.

    Explore the e-ROT Report on Title service →

    This article provides general information about new-build purchases in England and Wales. Inspection rights, completion obligations and warranty protection depend on the applicable contract, code, policy and circumstances. Obtain advice before deciding to delay or refuse completion.