Buying a new-build home can feel simpler than buying an older property – everything is freshly built, there is no chain of previous owners to worry about, and the developer usually has a standard sales process in place. But new-build conveyancing has its own quirks, and several of them come with hard deadlines that catch buyers off guard. Understanding what is different before you reserve a plot can save a lot of stress later on.
What new-build conveyancing actually covers
At its core, new-build conveyancing does the same job as any residential conveyancing: checking title, dealing with searches, handling the exchange and completion of contracts, and registering your ownership with the Land Registry. The difference is the additional layer of checks specific to a property that may not even be finished yet. A solicitor acting on a new-build purchase will typically review the developer’s contract pack, check the specification of the property against what was agreed, look at any warranty or guarantee scheme the build is covered by (commonly an NHBC Buildmark-style warranty, though there are several providers), and check the terms of any management company that will look after shared areas such as estate roads, bin stores, or communal gardens.
Where the plot is still under construction, the solicitor also needs to check how the contract deals with the practical realities of an unfinished build – what happens if the completion date moves, what “practical completion” actually means under that particular contract, and what your rights are if the finished specification differs from what was marketed.
When people typically instruct a solicitor
Most buyers instruct a solicitor as soon as they have had an offer or reservation accepted by the developer, and in many cases before that – some developers ask for a solicitor to be appointed at the point a reservation fee is paid, since the reservation agreement itself is a legal document. Getting a solicitor involved early matters more with new-build than with a typical resale, because developers usually work to their own timetable and want to move from reservation to exchange of contracts quickly, sometimes within a matter of weeks.
What to expect during the process
In general, the process runs through several stages: instructing a solicitor and paying a reservation fee to the developer, the solicitor reviewing the contract pack and raising enquiries, carrying out the usual property searches (local authority, environmental, water and drainage, and others depending on the site), arranging your mortgage offer if you are borrowing, exchanging contracts, and then completing – which on an unfinished new-build may happen weeks or months after exchange, once the developer confirms the property is ready.
Because so much of the process depends on the developer’s build schedule, communication between your solicitor, the developer’s solicitor, and your mortgage lender tends to be more active than on a standard resale purchase, particularly as the anticipated completion date approaches.
Common time limits and red flags worth knowing
New-build reservation and contract terms often include a deadline for exchanging contracts after reservation – commonly a matter of weeks – and missing it can mean losing the reservation fee, so this is generally the single most time-sensitive part of the process and worth flagging to a solicitor immediately after reserving. It is also worth being aware, in general terms, that:
• Reservation fees are often non-refundable in certain circumstances, so it is worth understanding the terms before paying one.
• Mortgage offers usually have their own expiry date, which can be a problem if a build completion date slips – something a solicitor can help keep track of.
• Contracts on unfinished builds often give the developer some flexibility on the completion date, so it is worth understanding, in general terms, what notice you are entitled to and what happens if the date moves significantly.
• A snagging inspection shortly after completion is common practice, and it is worth understanding what the warranty provider’s process is for reporting and fixing defects found during the early period of ownership.
None of these points are legal advice for any particular purchase – contract terms vary between developers and sites, so the specific position always needs to be checked against the documents for that plot.
Getting the right help
Because timelines on new-build purchases can move quickly once a plot is reserved, many buyers find it helpful to have a solicitor lined up in advance rather than starting the search once the clock is already running. If you are buying a new-build property and want to be matched with a solicitor who handles this type of work, you can submit an enquiry with Request Legal Service and be connected with a suitable solicitor to help take things forward.
This article is for general informational purposes only and is not legal advice. Laws vary across England & Wales, Scotland, and Northern Ireland, and can change over time – for guidance on your specific situation, speak with a qualified solicitor. Request Legal Service does not act as a law firm or provide legal representation.