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
- Completion mechanics and long-stops: notice-driven completion, defined closing windows, and the outside dates that protect against indefinite drift — the clauses that matter most when the market or the mortgage clock moves;
- The specification: what was actually promised — the reference point for every “this isn’t what we were sold” conversation;
- Snagging: the inspection-and-remedy procedure, and the leverage of the unpaid balance: snag list rights;
- Defects provisions: the builder’s post-completion obligations, running alongside the structural warranty;
- Stage and balance payments: when money moves — and therefore where your leverage lives at each stage.
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.
Call 01 5827148Related Reading
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.