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Help to
Buy - Wales

Help to Buy – Wales


Post Sales Guide

SOLD

www.gov.wales/helptobuy
2 Help to Buy – Wales Post Sales Guide

On the following pages you will find information about all after sales transactions that
require Help to Buy (Wales) Ltd’s consent. Having read this information, if you need to
contact Help to Buy (Wales) Ltd at any time please use the following contact information:

After Sales Team


Email: postcompletions@helptobuywales.co.uk

Telephone: 08000 937 937

Fax: 029 2080 3451


Updated February 2018 3

Contents
Repayment 4
(Reducing your shared equity loan)

Redemption on sale 8
(Selling your property)

Remortgaging 11
(Switching your mortgage lender without increasing the mortgage amount)

Additional Borrowing 12
(Increasing your current mortgage amount)

Change of Ownership 15
(Amending or removing of names registered to ownership of the property)

Home improvements 16

Subletting and Lodgers 17


4 Help to Buy – Wales Post Sales Guide

Repayment
You can repay either a proportion of the What is Market Value?
loan you received, or the loan in its entirety,
without selling the property – this is known Market Value means the price (established
as staircasing. Under the terms of the loan: in accordance with current RICS Valuation
Standards) at which the sale of the property
• You can staircase at any time after would have been completed unconditionally
completion. for cash consideration on the date at which
• Following any staircasing, the remaining the property is valued on an arms length
balance of the Help to Buy – Wales sale in the open market disregarding:
shared equity loan must be at least 5% a. any additions or improvements (other
of the Market Value. than decorative improvements) made
• You cannot staircase if you are in arrears to the property by you with the written
with your monthly Help to Buy – Wales consent of Help to Buy (Wales) Ltd;
payments (if applicable), unless those b. the existing first charge over the property
arrears and any other outstanding fees in favour of your mortgage lender;
or expenses are paid off at the same
time as you staircase. c. any tenancy and/or any other right of
occupation affecting the property.
First steps
If you want to staircase, you should initially
apply to Help to Buy (Wales) Ltd in writing
indicating what proportion of the Help to
Buy – Wales shared equity loan you would
like to repay. Please note that this does
not commit you to making any staircase
payment and you can halt the process at
any time before payment is made, but if you
do so you will be liable for any valuation or
administrative fees that have been incurred.

As the Help to Buy – Wales shared equity


loan you received is repayable at the
current market value, the first stage
of staircasing involves instructing an
independent valuer who is a qualified
member of the Royal Institution of
Chartered Surveyors (RICS). The valuation
sets the price of the whole property and we
will use this market value to calculate the
current value of the loan.
Updated February 2018 5

But assuming: Valuation guidelines


a. a willing seller and willing buyer; You may instruct your own RICS valuer
to carry out the valuation and confirm
b. that prior to the date at which the
the Market Value. You should instruct the
property is valued the property has been
RICS valuer within 14 days of your initial
fully exposed to the market and there has
application to staircase to Help to Buy
been a reasonable period (having regard
(Wales) Ltd.
to the state of the market) for the proper
marketing of the property and for the When instructing the RICS valuer please
agreement of price and terms and for the ensure you inform them that:
completion of the sale;
c. if the property or any part of it has been • The valuer must have experience in
destroyed or damaged it has been fully the valuation of residential properties
restored; in the region.

d. the property is in good repair and • The valuer must confirm the Market
condition, well maintained and decorated Value of the property as defined in this
as at the date at which the property is information pack.
valued and any garden of the same has • The valuer must be registered with the
been properly maintained and stocked recognised qualification of RICS.
with plants and that any integral kitchen • The valuer to provide 3 comparable
appliances (including without limitation properties and sale prices.
any dishwasher and/or washing machine)
are in good mechanical order; • The valuer must not be related or known
to you.
e. that no account is taken of any additional
bid by a purchaser with a special interest; • The valuer must inspect the interior
of the property and provide a full
f. that both parties to the transaction have valuation report.
acted knowledgeably, prudently and
without compulsion; • Valuations carried out for bank or
mortgage purposes are not acceptable.
g. that all the covenants on your part in
the Help to Buy – Wales shared equity • Help to Buy (Wales) Ltd will require
mortgage have been fully complied with; a copy of the valuation report; the
and inspection date must be shown on the
report.
h. that the property will be vacant upon
the completion of any disposal of the If the valuation report does not comply with
property. the above guidelines, you will be required to
obtain a futher valuation report at your cost.
6 Help to Buy – Wales Post Sales Guide

Next steps We will also provide them with details


of how to make this payment. From this
Once you have received your valuation
point on we will liaise with your solicitor/
report, you should arrange to send this to
conveyancer to ensure once payment
Help to Buy (Wales) Ltd within 5 working
has been received the legal paperwork
days. Upon receipt, we will calculate how
is completed. You will receive a copy
much it will cost to repay the Help to Buy
of any correspondence sent to your
– Wales shared equity loan at the Market
solicitor/conveyancer.
Valuation.
As soon as reasonably possible after receipt
Providing the valuation report meets the
of your payment we shall provide you with
above criteria and Help to Buy (Wales) Ltd
a memorandum evidencing the staircasing
are satisfied it accurately reflects the value
of part and specifying the percentage of
of your property, you will receive written
the value of the property remaining as the
confirmation of this repayment amount
Help to Buy – Wales shared equity loan,
(the current value of the Help to Buy – Wales
and giving details of the revised amount of
shared equity loan) within 10 working days.
interest payable on the Help to Buy – Wales
At this stage, you should also confirm how
shared equity loan.
much you are looking to staircase and the
details of the solicitor/conveyancer acting
for you on this transaction. Following any Please note: the RICS valuation will
staircasing, the remaining balance of the usually only be valid for 3 months and
Help to Buy – Wales shared equity loan therefore if the transaction does not
must be at least 5% of the Market Value. complete within this period of time you
may be required to provide another
After we have received this information valuation. A 3 month extension may be
we will write to your solicitor/conveyancer considered if a desktop valuation from
confirming the amount you wish to staircase the same surveyor is provided prior to
and the payment required for this to happen. the original RICS expiry date.
Updated February 2018 7

Additional Borrowing Help to Buy – Wales fee and


If you are making a part repayment of your interest payment
Help to Buy – Wales shared equity loan, As you are aware, there is a £1 monthly
and you are funding this by taking out management fee due on your Help to
additional borrowing with your mortgage Buy (Wales) Ltd shared equity loan from
lender, please inform Help to Buy (Wales) the completion of the property purchase.
Ltd as there is an additional process Also from the fifth anniversary of you
that you need to follow. Once you have purchasing your property, you will have
provided a valuation to Help to Buy (Wales) to pay monthly interest as indicated in
Ltd we will provide further information. your personal worked example. We will
The additional borrowing you can take is write to you and inform you before the fifth
limited to the amount you require to fund anniversary of the property purchase that
your staircasing transaction. For example, your monthly direct debits will be increasing
if you are making a payment of £50,000 to collect the interest due. If you are currently
you can only take out further borrowing making payments, it is important you
of £50,000. continue and do not cancel your Direct Debit.

Please note: before you proceed with If you are in arrears, you will not be able to
staircasing Help to Buy (Wales) Ltd complete your transaction until the arrears
advise that you should take independent on your account are cleared. Equally, if your
legal and financial advice on the account is in credit, the overpayment will
implications of these changes. be refunded to you on completion. A final
statement of your account will be provided
by our Revenue Controller.
8 Help to Buy – Wales Post Sales Guide

Redemption on Sale
Redemption is the term used for selling Valuation guidelines
your property and repaying the Help to Buy
You may independently instruct your own
– Wales shared equity loan invested in your
RICS valuer to carry out the valuation and
property.
confirm the Market Value or ask Help to
The terms of your Help to Buy – Wales Buy (Wales) Ltd for advice on who you may
shared equity loan provide that the instruct. You should instruct the RICS valuer
repayment amount is calculated as a within 14 days of your initial notification to
proportion of either the current market value Help to Buy (Wales) Ltd of your intention
or the sale price of your property (whichever to sell the property. If you do not instruct a
is higher). For example, if you received 20% RICS valuer within this time frame, Help to
of the initial purchase price through Help to Buy (Wales) Ltd may, but is not obliged to,
Buy – Wales, the amount you will have to instruct a RICS valuer to confirm the Market
pay back will be 20% of either the current Value of the property. If Help to Buy (Wales)
market value or the sale price of your Ltd does instruct the RICS valuer, you must
property (whichever is higher). bear the valuation costs.

First Steps What is Market Value?


The first step is for you to market Market Value means the price (established
your property on the open market. in accordance with current RICS Valuation
We recommend you consult with several Standards) at which the sale of the property
Estate Agents before deciding how much would have been completed unconditionally
to market your property for. Once you for cash consideration on the date at which
have received an offer you wish to accept the property is valued on an arms length
you should notify us in writing that you sale in the open market disregarding:
are intending to sell the property. You will
then need to have the property valued by a. any additions or improvements (other
an independent valuer who is a qualified than decorative improvements) made
member of the Royal Institute of Chartered to the property by you with the written
Surveyors (RICS). It is your responsibility consent of Help to Buy (Wales) Ltd;
to pay for the valuation and it is only valid b. the existing first charge over the property
for 3 months. in favour of your mortgage lender;

Please provide to us a copy of the valuation c. any tenancy and/or any other right of
report and written confirmation of the offer occupation affecting the property.
you have received for your home. We will
then notify you in writing of the repayment
amount.
Updated February 2018 9

But assuming: When instructing the RICS valuer please


ensure you inform them that:
a. a willing seller and willing buyer;
b. that prior to the date at which the property • The valuer must have experience in
is valued the property has been fully the valuation of residential properties
exposed to the market and there has in the region.
been a reasonable period (having regard • The valuer must confirm the Market
to the state of the market) for the proper Value of the property as defined in this
marketing of the property and for the information pack.
agreement of price and terms and for the • The valuer must be registered with the
completion of the sale; recognised qualification of RICS.
c. if the property or any part of it has been • The valuer must be independent to the
destroyed or damaged it has been fully estate agent marketing or handing the
restored; sale of the property. Valuation appraisals
d. the property is in good repair and cannot be accepted in place of a RICS
condition, well maintained and decorated valuation.
as at the date at which the property is • The valuer to provide 3 comparable
valued and any garden of the same has properties and sale prices.
been properly maintained and stocked
with plants and that any integral kitchen • The valuer must not be related or known
appliances (including without limitation any to you.
dishwasher and/or washing machine) are • The valuer must inspect the interior of the
in good mechanical order; property and provide a full valuation report.
e. that no account is taken of any additional • Valuations carried out for bank or
bid by a purchaser with a special interest; mortgage purposes are not acceptable.
f. that both parties to the transaction have • Help to Buy (Wales) Ltd will require a copy
acted knowledgeably, prudently and of the valuation report; the inspection date
without compulsion; must be shown on the report.
g. that all the covenants on your part in If the valuation report does not comply with
the Help to Buy – Wales shared equity the above guidelines, you will be required to
mortgage have been fully complied with; obtain a further valuation report at your cost.
and
Once you have received your valuation
h. that the property will be vacant upon the
report, you should arrange to send this to
completion of any disposal of the property.
Help to Buy (Wales) Ltd within 5 working
Provided that where the sale price days. Every valuation is subject to our
(disregarding any part of that price (Help to Buy (Wales) Ltd’s) approval and
attributable to any additions or improvements if we are not satisfied that it accurately
made to the property by you with the written reflects the market value of the property
consent of Help to Buy (Wales) Ltd) is greater we can request you provide us with another
than the Market Value then the Market Value valuation.
shall be substituted with the sale price when
calculating the amount you must repay.
10 Help to Buy – Wales Post Sales Guide

Next Steps penalties) from the sale price or the market


value of your property (whichever is higher).
If the valuation is approved by Help to
Help to Buy (Wales) Ltd will liaise directly
Buy (Wales) Ltd, within 10 working days
with your solicitor/conveyancer to ensure
of receiving both the valuation report and
the correct amount is repaid. Please note
confirmation of the sale price we will confirm
that if you do not comply with the terms of
the repayment amount to you in writing.
the Help to Buy – Wales shared equity loan,
If the valuation and the sale price differ the
Help to Buy (Wales) Ltd will not accept a
repayment amount will be calculated on
reduced payment but seek to recover all
the higher of the two. This is in accordance
the money they are owed.
with the terms of your Help to Buy – Wales
shared equity loan. We will also ask you
to confirm the details of the solicitor/ Please note: fees connected to the
conveyancer acting for you in the sale of sale of your property such as Estate
your property, as they will arrange for the Agent Fees, Solicitor/conveyancer
Help to Buy – Wales shared equity loan Fees will not be deducted from the Sale
to be paid back on completion. Price or Market Value of your property
(whichever is higher). The homeowner
is responsible for paying these fees.
Negative Equity
Please note: before you proceed with
If the value of your property has fallen the sale of your property Help to Buy
significantly you may find that you are (Wales) Ltd advise that you should take
unable to pay back both your first mortgage independent legal and financial advice
and the Help to Buy – Wales shared equity on the implications of this.
loan you received in full. If this happens,
then, provided you have complied with In conclusion, the next step you need to
all of your obligations in the Help to take if you wish to sell your property is to
Buy  – Wales shared equity loan, Help to market it on the open market. Once you
Buy – Wales may take a reduced payment have received an offer you are happy with
to ensure that this does not prevent you please provide us with written confirmation
from selling your property. In this case of the offer amount from your Estate Agent,
the repayment amount is calculated by along with a valuation carried out by a RICS
subtracting the outstanding balance on your registered valuer. We will then confirm in
first mortgage (excluding early redemption writing the repayment amount.

Help to Buy – Wales


fee and interest payment
Please refer to page 7.
Updated February 2018 11

Remortgaging
Remortgaging is the term used when you • A
 form of Deed of Priority (DOP) to
would like to switch mortgage lender without regulate the respective priorities of the
increasing your borrowing. If you want to new mortgage and the Help to Buy –
proceed with this transaction consent is Wales shared equity loan. The form of
required by Help to Buy (Wales) Ltd. DOP may be provided by your solicitor/
conveyancer or the lender. The standard
Before Help to Buy (Wales) Ltd will consider form DOP of certain lenders may be
the remortgage transaction we require the acceptable to Help to Buy (Wales) Ltd. If
following information: it is not then Help to Buy (Wales) Ltd will
provide its own required form of DOP and
• A copy of the formal mortgage offer from
the lender must accept this form.
your new lender not exceeding 25 years,
however if your original mortgage was Please send all of this information to Help
for a longer period we will accept this to Buy (Wales) Ltd via the contact details
although you will need to provide Help to outlined on page 19.
Buy (Wales) Ltd with proof of this in the
form of either a copy of the original offer In addition please make sure that you
or a letter from the Lender confirming the inform the lender about the loan you
original term. received through the Help to Buy – Wales
Scheme. You should also seek independent
• The new lender must be a qualifying legal and financial advice.
lending institution (e.g. a bank or building
society) registered with the Help to Buy Please note: if you are looking to
(Wales) Ltd scheme. The new mortgage change your lender AND take out further
must be a repayment mortgage (meaning borrowing please notify Help to Buy
that you must be required under the (Wales) Ltd as this is a different process
mortgage to make payments of interest and in most cases further borrowing will
and capital which are designed to repay not be permitted.
the mortgage over the stated time).
You are not permitted to continue with
a Help to Buy – Wales shared equity loan
with an interest only first mortgage.
• Details of the solicitor/conveyancer
Help to Buy – Wales
dealing with this remortgage, as Help
to Buy (Wales) Ltd will contact the
fee and interest
solicitor/conveyancer to instruct them payment
on remortgage requirements.
• A Mortgage Redemption Statement from Please refer to page 7.
your current Mortgage Lender.
12 Help to Buy – Wales Post Sales Guide

Additional Borrowing
Under the terms of Help to Buy – Wales any Additional Borrowing for
additional borrowing must be approved by Repayment
Help to Buy (Wales) Ltd.
If you are looking to staircase and have
It is the policy of Help to Buy (Wales) Ltd to not yet informed us it is important you
only consider further borrowing for one of contact us via the contact details outlined
the following reasons: on page 19 as we will need to start the
following process:
• You are using the additional borrowing
to make a part repayment of the • You will need to instruct a market
Help to Buy – Wales shared equity valuation of your property carried out
loan you received – (you do not need by a surveyor registered with the Royal
permission to take out further borrowing Institute of Chartered Surveyors (RICS).
if you are paying back the loan in full). This valuation should be sent to Help
In cases where you are making part to Buy (Wales) Ltd and will be valid for
repayments, please refer to page 4 3 months.
which refers to the repayment process. • You will need to inform us how much you
• You are using the additional borrowing are looking to staircase.
to fund home improvements • A copy of the formal mortgage offer from
(home improvements are only permitted your new lender not exceeding 25 years,
in exceptional circumstances where however if your original mortgage was
a case for hardship can be made; for a longer period we will accept this
for example if modifications are required although you will need to provide Help to
to make your home more accessible for Buy (Wales) Ltd with proof of this in the
a disabled person living in the property). form of either a copy of the original offer
or a letter from the Lender confirming the
Please note: under no other
original term.
circumstances will we consider a
request for additional borrowing. • Details of the solicitor/conveyancer
dealing with the Staircasing & Additional
Borrowing.
• A Deed of Postponement (DOP) from
your solicitor/conveyancer or lender.
Help to Buy (Wales) Ltd will accept
the DOP of certain Qualifying Lending
Institutions, although the signatory block
will be altered to meet their requirements.
The lender should accept this
amendment. If the Lenders DOP Format
is not accepted a standard DOP will be
engrossed and the lender must accept
this format.
Updated February 2018 13

The level of further borrowing you can Additional Borrowing for Home
obtain is restricted to the amount you need Improvements
to pay for your staircasing transaction.
For example, if you are looking to staircase If you are looking to carry out structural
10% and your property is worth £200,000 home improvements and have not yet
you will need to pay £20,000. In this informed us, please contact us via the
example the further borrowing you can take contact details outlined on page 19. It is
out is restricted to £20,000 – you may not the policy of the scheme to only consider
exceed this amount. structural improvements to your property
in cases of hardship (for example if
modifications were required to make your
Please note: For you to secure the
home more accessible for a disabled
additional borrowing which will be part
person living in the property). If your
of the mortgage offer, we first need to
request for structural home improvements
inform you of the repayment amount as
is approved by Help to Buy (Wales) Ltd we
you can only obtain additional borrowing
will then evaluate your request for additional
that does not exceed this amount.
borrowing.

You may only take out additional borrowing


for home improvements if there is sufficient
equity in your property. For this to be
calculated we will require a market valuation
of your property carried out by a RICS
registered surveyor. The total level of
borrowing you can take out is calculated
using the following method:

Original contribution (mortgage + deposit)


+ (overall increase of property value x
(your percentage x 75%)).

This means you are able to borrow against


75% of any increase in the value of the
share of the property you own outright.
This ensures you are not borrowing against
the Help to Buy – Wales shared equity loan
you received. If the value of your property
has not risen then only borrowing equal to
your original contribution will be permitted.
Please see an example on page 14.
14 Help to Buy – Wales Post Sales Guide

Help to Buy – Wales shared equity loan percentage 20%


Client’s percentage (client’s deposit plus mortgage funds) 80%
Property Value at time of purchase £100,000
Property value at time of remortgage £150,000
Client’s original mortgage £75,000
Increase in property value £50,000
75% of increase in property value £37,500
Client’s percentage of the 75% of the increase £30,000
Maximum loan amount
£110,000
(client’s percentage of increase + original mortgage amount)

Please note: we cannot confirm


whether additional borrowing is
permitted until your request for Help to Buy – Wales
structural home improvements has
been considered. In addition to fee and interest
this, if your request is approved, we
cannot confirm the amount of further
payment
borrowing (if any) permitted until we
have seen a valuation of the property. Please refer to page 7.
Therefore you should not arrange
further borrowing for a specific amount
before this point. However, you may
contact your lender to ensure it is
possible for you to obtain the amount
you estimate you require. If you need
assistance with this please contact us.
Updated February 2018 15

Change of Ownership
If you are looking to change the ownership • A copy of the formal mortgage offer from
of your property, you will need the your lender not exceeding 25 years,
permission of Help to Buy (Wales) Ltd. however if your original mortgage was
for a longer period we will accept this
Help to Buy (Wales) Ltd will allow a although you will need to provide Help to
substitution of ownership or someone to Buy (Wales) Ltd with proof of this in the
be added or removed from the property as form of either a copy of the original offer
long as one original owner of the property or a letter from the Lender confirming
remains. However, you should be aware the original term.
that, as a general rule, a change to the
ownership of the property will only be • If a full mortgage is being applied for,
permitted once. a form of Deed of Priority (DOP) will be
required. Please refer to page 12 for
If you are changing the ownership of your further information on remortgaging.
property, you will need a new mortgage • Details of the solicitor/conveyancer you
offer from your lender, who must be a will be using to register this change at
qualifying lending institution (e.g. a bank or the Land Registry.
building society), registered with the Help to
Buy (Wales) Ltd scheme, and a new shared Once we have received this information
equity mortgage will be entered into with we will provide a copy of a new Equity
Help to Buy (Wales) Ltd. Mortgage to your solicitor/conveyancer
which you will need to sign.
Before permitting a change in ownership
Help to Buy (Wales) Ltd require the Please note: before you proceed with the
following: change in ownership of your property
Help to Buy (Wales) Ltd advise that
• Written confirmation from those named you should take independent legal and
registered as the property owners financial advice on the implications of
agreeing to the transfer of ownership these changes.
and responsibilities.

Help to Buy – Wales


fee and interest payment
Please refer to page 7.
16 Help to Buy – Wales Post Sales Guide

Home Improvements
Home improvements are not permitted The reason these rules exist is that, as with
apart from in the exceptional circumstances any shared equity scheme, the value of our
outlined on page 14 and with the approval loan is directly linked to the value of the
of Help to Buy (Wales) Ltd. You purchased property.
your property with the assistance of a
shared equity loan. If you are looking to Therefore, we want to protect Help to Buy
undertake any home improvements you will – Wales customers from making significant
need to pay back the percentage that was investments in their homes when this could
given to you before you can go ahead with also increase the value of their debt to the
any home improvements. Welsh Government.

Welsh Government policy on home This approach is consistent with Help to


improvements only prohibits significant Buy shared equity initiatives operating
structural works, such as loft conversions, across the UK.
extensions and conservatories.

There is nothing to prevent owners of


Help to Buy – Wales properties from
undertaking small DIY jobs to make their
homes more comfortable. This includes
the laying of new carpets, the painting of
walls, and the purchase of curtains or any
other small improvements people may
wish to make.
Updated February 2018 17

Subletting and Lodgers


The Second Charge holders on your If you feel that you have reasonable grounds
property have confirmed that they will not as per those listed above, it may be possible
approve subletting in any but the most for you to sublet your property. So we can
exceptional of circumstances, generally put the case forward to the Second Charge
restricted to: holders please can you provide us with the
following information:
• Where a homeowner has involuntarily
been temporarily relocated by their current • Confirmation from your mortgage lender
employer and is not receiving sufficient that they are willing to permit you to sublet.
payments to pay for their mortgage in • Confirmation from you of how long you
their temporary employment. want to sublet for and your intentions once
• Where a homeowner has a medical your period of subletting has expired.
condition which means they are unable • Evidence supporting your case.
to remain in their property for a temporary
period of time. Lodgers
• Where a homeowner must temporarily This is permitted under the scheme, as long
relocate to look after an ill member as you will still be living in the property.
of family.
• Where a serving member of the Armed A Declaration of Interest must be signed by
Forces whose tour of duty requires them the person staying to confirm they have no
to serve away from the area in which interest in the ownership of the property.
they live (a distance of at least 50 miles Please contact Help to Buy (Wales) Ltd to
or 90 minutes travelling time) for a fixed discuss the next steps.
period of time.
18 Help to Buy – Wales Post Sales Guide

Help to Buy (Wales) Ltd


For more information, our contact details are below:

Registered Office:
1 Capital Quarter
Tyndall Street
Cardiff, CF10 4BZ
Enquiries: 08000 937 937

www.gov.wales/helptobuy

Registration Number: 8708403

Company registered in England and Wales.

Help to Buy (Wales) Limited is authorised and regulated by the Financial Conduct Authority
for credit related regulated activities not covered by an exemption.

Please contact us if you would like a copy of this document in


large type or Braille.

Mae’r ddogfen yma hefyd ar gael yn Gymraeg.


This document is also available in Welsh.
© Crown copyright 2018 WG33785 Digital ISBN 978-1-78903-565-0

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