New-Build Conveyancing: What to Expect and the Deadlines That Matter
Buying a new-build home can feel simpler than buying an older property – everything is freshly built, there…
How New Build Conveyancing Differs
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Exchange before construction is complete — you exchange contracts (and pay the 10% deposit) on a property that may not be built yet. Completion happens when the property is certified as ready for occupation. This means there is a significant gap between exchange and completion — often 6–24 months — during which the market may change.
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28-day exchange deadline — developers set tight deadlines from the date they send the documentation. Your solicitor must review the entire contract pack, raise and resolve enquiries, check the mortgage offer, and report to you — all within 28 days. Speed and experience matter enormously.
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Developer's contract is one-sided — the developer's standard contract includes provisions that heavily favour the developer: unilateral rights to vary the specification, long-stop completion dates, and mechanisms that allow the developer to delay with limited penalty. Your solicitor identifies the most onerous clauses and negotiates improvements.
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Snagging and practical completion — on completion, you take the property "as is" at that date. Your solicitor advises on retaining funds or negotiating snagging provisions in the contract. A separate professional snagging survey is advisable to identify defects before you complete.
Key Issues Your Solicitor Checks
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Ground rent and leasehold terms — following the Leasehold Reform (Ground Rent) Act 2022, new residential long leases must have a ground rent of a "peppercorn" (zero financial value). Leases with ground rent escalation clauses written before June 2022 remain problematic. Your solicitor reviews the lease terms and reports on any ground rent or service charge concerns.
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Long-stop date — the long-stop date is the last date by which the developer must complete or either party can rescind. A short long-stop date (e.g., 6 months from exchange) may be inadequate if the build is delayed. Your solicitor negotiates an appropriate long-stop and checks what happens to your deposit if the developer fails to complete.
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Help to Buy and shared ownership — if you are using Help to Buy (Equity Loan) or purchasing under a shared ownership scheme, additional documentation and legal requirements apply. Your solicitor is experienced in the specific requirements of these schemes and liaises with the relevant bodies (Homes England, housing association).
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Infrastructure and road adoption — on a new development, roads and communal areas may not yet be adopted by the local authority. Your solicitor checks that an adoption agreement is in place (s.38 Highways Act 1980 for roads, s.104 Water Industry Act 1991 for sewers) or that appropriate maintenance provisions are included in the lease or estate documents.
Related Guides
Frequently Asked Questions
What happens if the developer delays completion?
Most new build contracts give the developer wide rights to delay completion without penalty, subject to the long-stop date. Your solicitor checks whether the contract includes a "notice to complete" mechanism, what notice the developer must give of a new completion date, and what happens if the long-stop date is reached. If the developer fails to complete by the long-stop date, you are usually entitled to rescind the contract and recover your deposit with interest — but the right to claim damages for your wider losses depends on the specific contract terms.
Can I change my mind after exchanging on a new build?
After exchange, you are legally bound. If you withdraw, you lose your 10% deposit and the developer may sue for further damages. Before exchange, you can withdraw — but you will lose your reservation fee (usually £500–£2,000) and any legal fees and surveys paid. Your solicitor advises on your rights before exchange and ensures you fully understand the commitment before you sign.
Should I get a snagging survey?
Yes. A professional snagging inspection before completion identifies defects — misaligned doors, faulty sockets, poor finishing, water ingress — that the developer is legally required to fix under the NHBC Buildmark warranty (or equivalent). Your solicitor advises on including a pre-completion inspection right in the contract negotiations. Some developers resist this — your solicitor negotiates on your behalf.
What is the difference between buying freehold and leasehold on a new build?
Freehold new build houses are the norm following widespread criticism of leasehold houses with escalating ground rents. New build flats are typically sold leasehold — the flat is a leasehold interest in the building, with a management company or landlord responsible for the structure and common parts. Your solicitor reviews the lease terms, the management company structure, the estimated service charge, and any obligations on the flat owner. A 999-year lease at a peppercorn ground rent is the standard acceptable term.
What searches are done on a new build?
On a new build, the searches are the same as any purchase — local authority, water and drainage, and environmental — plus an additional search to check whether any planning conditions affecting the development have been discharged. Your solicitor also reviews the planning permission for the development, checks that the build is within the approved plans, and ensures that any reserved matters approvals are in order.