The Law Society Building Agreement for New Homes

The document your new-home rights actually live in - and the clauses that decide delays, snags and defects.

Every Irish new-home buyer signs it; almost none read it. The building agreement — the construction half of the standard two-contract structure — is where your rights about completion, quality, snagging and defects are actually written. The marketing brochure makes the promises; this document defines which ones are enforceable.

The Two-Contract Structure

The standard purchase pairs a contract for sale (the land) with a building agreement (the construction), signed and completed together. The practical consequence: complaints about the house — delay, quality, snags, defects — are answered by the building agreement’s terms, and a buyer’s solicitor reads both documents as one transaction. The construction covenant at the agreement’s heart — completion in a good and workmanlike manner, per plans, specification and regulatory requirements — is the foundation of every later claim: new build house problems.

The Clauses That Decide Things

Reading It at the Right Time

The agreement earns its review before signing: unusual departures flagged, long-stop and specification clarity confirmed, the snagging procedure understood while your solicitor can still raise queries. Mid-transaction, the same knowledge runs the delay and snagging stages as strategy rather than surprise. Post-closing, it defines the surviving rights — pursued with the limitation clocks in view. Three moments, one document: contracts review.

Buying New - or Fighting About a New Build?

The agreement decides more than the brochure. Have it read at the stage you're at - ideally the earliest one.

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About the Author

Richard O’Shea, Solicitor practises with Mary Molloy Solicitors (established 1981), advising homeowners, self-builders, subcontractors and SME contractors across Ireland on building disputes, defects claims and payment recovery. Richard holds a Diploma in Mediation from the Law Society of Ireland — central to construction work, where conciliation and mediation resolve many disputes without a courtroom. Contact Richard on 01 5827148 or richardoshea@marymolloysolicitors.com.

This article is for general information only and does not constitute legal advice. Every farm and family situation is different, and you should obtain advice on your own circumstances before acting. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

Building Agreement - FAQs

The standard structure splits the deal: a contract for sale covering the site/interest in land, and a building agreement covering construction of the dwelling - executed together, closing together. The split has conveyancing and historical logic, but for the buyer the practical point is simple: your construction rights (completion standard, snagging, defects) live in the building agreement, and it deserves the same attention as the price.