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.
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.
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.
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.
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.
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.
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.
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.