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Help To Buy scheme - access codes

It has come to the Conveyancing Committee’s attention that some developers are requiring purchasers’ solicitors to certify or confirm that the purchaser is a qualifying claimant under the Help to Buy Scheme as defined in the Finance Act 2016.

It is the Committee’s view that it is not the responsibility of purchasers’ solicitors to provide such a certification/confirmation and that in any event they would not be in a position to do so.

The Help to Buy Scheme is operated and processed through the purchaser’s ROS/myAccount and the vendor’s (developer’s) ROS account. If requested by the clients, and if the matter is not being dealt with directly or through the sales agent, solicitors can assist by being a conduit through which the access codes are transferred between purchaser and vendor. Such assistance should not be on the basis of any warranty or responsibility.