New Build Conveyancing Solicitors

New build conveyancing is materially different from a standard property purchase — developer-imposed timescales, reservation agreements, completion notices, and complex title structures all require specialist advice before you sign anything.

Buying a new build property from a developer involves a different legal process from a resale purchase. The developer's solicitor controls the pace of the transaction and sets the terms in the developer's standard contract — which is weighted heavily in the developer's favour. A solicitor experienced in new build conveyancing will review the contract, advise on the terms that can be negotiated, and protect the buyer's position throughout — including on the critical issue of exchange deadlines (many developers require exchange within 28 days of reservation) and the completion notice (which can force the buyer to complete on short notice or risk forfeiting the deposit). A solicitor will ensure the buyer understands what they are agreeing to before they sign.

Developer contract review Exchange deadline management Help to Buy & scheme advice Free initial consultation

New Build Conveyancing — Key Legal Issues

New build conveyancing — the issues specific to buying from a developer and how a solicitor protects the buyer.

New build conveyancing requires a solicitor who understands the developer's process, the standard contract terms, and the issues specific to off-plan and new build purchases. A solicitor experienced in new build conveyancing will anticipate the issues and protect the buyer's position from reservation to completion.

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Reservation agreement — what you are signing at the start

When you reserve a new build property, you typically sign a reservation agreement and pay a reservation fee (usually £500–£2,000). The reservation agreement is not a binding contract to purchase — but it sets out the developer's conditions (including the exchange deadline) and the reservation fee may be non-refundable if you withdraw after certain stages. Before signing the reservation agreement, a solicitor should review it — to confirm what the reservation fee covers, the conditions attached to it, the exchange deadline, and whether the reservation is conditional on planning consent or building regulation approval. A solicitor will advise on the reservation agreement and flag any terms that should be negotiated before signing.

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Developer's contract — weighted terms and what can be negotiated

The developer's standard contract is drafted by the developer's solicitor to protect the developer's interest — not the buyer's. Common unfavourable terms include: the developer's right to vary the specification without the buyer's consent (within defined limits); the developer's right to issue a completion notice (requiring completion within 10 days of the notice); the developer's right to delay completion if construction is not complete by the contractual completion date; limited protection for the buyer if the developer becomes insolvent; and very limited rights to inspect the property before completion. A solicitor will review the contract, identify the terms that are unfair or unusual, and negotiate amendments to protect the buyer's position — including on specification changes, completion notice periods, and deposit protection.

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Exchange deadline — the 28-day problem

Many developers require exchange of contracts within 28 days of reservation — a very short period that puts significant pressure on the buyer's solicitor, the buyer's mortgage lender, and the buyer's surveyor. The 28-day deadline requires the solicitor to receive and review the draft contract pack, raise and resolve enquiries, obtain search results, review the mortgage offer, and report to the buyer — all within a highly compressed timetable. Failure to exchange within the developer's deadline can result in the loss of the reservation (and potentially the reservation fee). A solicitor experienced in new build conveyancing will act quickly, prioritise the new build file, and manage the lender and surveyor to ensure exchange is achievable within the developer's deadline — and will advise on negotiating an extension if the deadline is genuinely not achievable.

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Completion notices and long-stop dates

New build contracts typically include a "long-stop date" — the date by which the property must be legally complete. If the developer has not completed the property by the long-stop date, the buyer can rescind the contract and recover their deposit. The developer can issue a "completion notice" once the property is practically complete — requiring the buyer to complete within a short period (typically 10 business days). A solicitor will ensure the buyer's mortgage offer is extended if the completion date is delayed; arrange bridging finance if the buyer has a mortgage offer that is about to expire; and advise on the buyer's rights if the developer issues a completion notice when the property is not genuinely ready for occupation. The snagging process — identifying and recording defects before completion — is also managed by the solicitor.

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Leasehold new builds — ground rent and service charge issues

Many new build flats and some new build houses are sold as leasehold — with ground rent payable to the freeholder. Following the Leasehold Reform (Ground Rent) Act 2022, ground rent on new residential leases is capped at one "peppercorn" (effectively nil) — but older new build leases (pre-2022) may have doubling ground rent provisions that make the property difficult to sell or mortgage in the future. A solicitor will review the lease before exchange, identify any ground rent escalation provisions, and advise on the Leasehold Reform Act 2024 and other leasehold reform legislation that may affect the buyer's position. New build service charges are also typically subject to developer estimates — a solicitor will advise on the risk that actual service charges in the first years of occupation exceed the initial estimate.

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NHBC Buildmark warranty — what it covers and what it does not

Most new build homes are sold with an NHBC Buildmark warranty (or similar builder's warranty — Premier Guarantee, LABC). The Buildmark warranty provides: 2-year builder warranty cover (the developer fixes defects that arise in the first 2 years after completion); 8-year NHBC structural warranty (NHBC meets the cost of remedying structural defects that arise in years 3–10). The warranty is valuable — but it has significant exclusions: minor snagging defects are not covered after the 2-year builder period; defects caused by fair wear and tear are excluded; and the warranty does not cover non-structural defects (decoration, fittings) after the builder period. A solicitor will review the warranty documentation, advise on what it covers, and explain the claims process.

How It Works

New build conveyancing requires a solicitor who can move quickly to meet the developer's exchange deadline, negotiate the contract terms in the buyer's favour, and protect the buyer's position through to completion and beyond.

A conveyancing solicitor will review the reservation agreement, negotiate the developer's contract, manage the exchange deadline, extend the mortgage offer if the completion date slips, and advise on the buyer's rights at snagging and completion — protecting the buyer throughout the new build purchase process.

Submit Your Request
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Tell us about the new build purchase

Describe the development, the property, the purchase price, the developer's exchange deadline, and any Help to Buy or other government scheme you are using.

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Solicitor reviews the contract and manages the transaction

A new build conveyancing specialist reviews the developer's contract, negotiates unfair terms, manages the exchange deadline, and protects the buyer's position through to completion.

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Free initial consultation

You receive clear advice on the new build conveyancing process, the key contract issues, and what a solicitor will do to protect your position — at no cost and no obligation.

Free Initial Consultation

A developer's contract is written for the developer — not for you. A new build conveyancing solicitor will review it, negotiate the terms, and ensure you understand exactly what you are committing to before you exchange.

Get specialist new build conveyancing advice — and ensure your new home purchase is protected from reservation to completion by a solicitor who understands the developer's process and the buyer's rights.

Get New Build Conveyancing Advice

Common Questions

New build conveyancing — what people ask us.

The developer says I must exchange within 28 days. Is that realistic?

Challenging — but achievable if the solicitor acts quickly and the mortgage offer is already in place. The 28-day exchange deadline requires the solicitor to receive, review, and report on the contract pack; obtain search results (which typically take 10–20 days); raise and resolve enquiries with the developer's solicitor; and obtain the mortgage offer or confirm that the existing offer is valid for the new build. A solicitor experienced in new build conveyancing will prioritise new build files, order searches on day one of instruction, and chase the developer's solicitor for any outstanding documentation — giving the best chance of meeting the deadline. Where the deadline is genuinely not achievable (for example, the mortgage offer has not been received), a solicitor will negotiate an extension with the developer.

What happens if the developer is late completing?

If the developer does not complete the property by the contractual completion date, the contract typically allows the developer additional time (specified in the contract — often 6 months) before the buyer can rescind. During this additional period, the buyer may be able to serve a "notice to complete" — requiring the developer to complete within 10 working days — but this is only effective if the property is genuinely ready. Where the delay means the buyer's mortgage offer expires, the buyer must extend the offer (which may not be possible at the original rate) or rescind the contract and recover the deposit. A solicitor will advise on the buyer's rights during a developer delay and manage the situation to the buyer's best advantage — including seeking compensation for the additional costs caused by the delay.

Should I get a snagging survey before completing on a new build?

Yes — a snagging inspection (carried out by an independent inspector before completion) identifies defects in the finished property before the buyer takes possession. Snagging inspectors identify defects that are often missed on a casual walkthrough — poor plastering, incorrectly fitted doors and windows, defective floor coverings, plumbing and electrics that do not work correctly. The developer is obliged to remedy defects identified before completion — and a comprehensive snagging list prepared before completion gives the buyer leverage to ensure the property is properly completed before the purchase price is paid. A solicitor will advise on the buyer's right to inspect before completion (which should be included in the contract) and the process for notifying defects to the developer.

Is a new build leasehold a problem?

Leasehold new builds are common for flats — and increasingly common for houses sold on shared-ownership schemes. The key issues for leasehold new builds are: the ground rent (capped at a peppercorn for new leases post-2022, but check this); the service charge estimate (typically conservative in year one, rising in subsequent years); the quality and responsiveness of the managing agent; and the length of the lease (which affects mortgageability and future sale value). A solicitor will review the lease carefully, identify any unfavourable terms, advise on the service charge regime, and ensure the buyer understands the implications of leasehold ownership — including the right to extend the lease and to challenge unreasonable service charges through the First-tier Tribunal (Property Chamber).

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