6 min read
Buying a new build property has a unique conveyancing process, especially if purchasing off-plan. Choosing an experienced new build conveyancing solicitor can help you navigate these additional legal checks, developer requirements and tight deadlines.
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Conveyancing for new build properties has quite a few differences, from tight exchange deadlines to unique legal checks, so it’s essential to work with a conveyancer who understands the extra steps, potential risks, and developer requirements involved. This guide walks you through the conveyancing process for new build homes and the role your conveyancer plays.
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When buying a new build home, you’re often committing to the purchase before the building work has been completed. In some cases, the property may not even have been built yet, a process known as buying off-plan.
Because of this, the legal process involves additional checks, including planning permissions, building regulations approval, developer agreements and new-build warranties.
There are also unique risks to consider, such as construction delays, changes to site plans, and developer-imposed restrictions, all of which your conveyancer will need to manage.
Find other differences about buying a new build in our pros and cons to buying a new build article.
Although the core legal process is similar, conveyancing for a new build property involves additional checks and tighter deadlines compared to buying an existing home.
New build conveyancing | Standard conveyancing |
|---|---|
The property may be purchased before construction is complete | The property already exists and can be fully inspected |
Buyers are often required to exchange contracts within 28 days | Exchange timelines are usually more flexible |
Additional checks are needed on planning permissions, building regulations and developer agreements | Fewer developer-related legal checks are required |
New-build warranties must be reviewed | Warranties are not usually part of the transaction |
Completion dates can change if construction is delayed | Completion dates are normally agreed before exchange |
Snagging surveys and pre-completion inspections may be needed | Standard property surveys are more common |
For this reason, it’s important to choose a conveyancer with experience in new build purchases. They’ll understand the additional legal checks involved and help ensure your purchase progresses smoothly within the developer’s deadlines.
New build purchases involve additional legal checks that aren’t always required when buying an existing home. Your conveyancer will review planning permissions, building regulations approval, warranty documentation, and any agreements relating to roads, drainage and communal areas. Because developers often impose strict exchange deadlines, it’s important to choose a conveyancer with experience handling new build transactions and working to these timescales.
Extra complications that your conveyancer will help you navigate can include non-compliant discrepancies with location and site plans, specific new build inspections, such as the National House-Building Council (NHBC)'s Building Control Service, incomplete agreements and failure to confirm plans for the maintenance of communal areas.
Our experienced conveyancers understand the additional legal checks, developer requirements and tight deadlines involved in new build purchases.
This step-by-step breakdown explains the essential stages involved in new build conveyancing. While the process shares some similarities with a standard property purchase, there are additional legal checks, developer requirements and deadlines that buyer of new build homes needs to be aware of. Understanding each stage can help you prepare for your purchase and avoid unnecessary delays.
The conveyancing process starts as soon as your offer has been accepted and you have paid your non-refundable reservation fee. It’s important to choose a new build conveyancer who is experienced in working on new build purchases.
You’ll also want to get your mortgage in place as soon as possible, as there is often a tight deadline to exchange contracts. Although deadlines can sometimes be extended, you may find that there’s a financial incentive for meeting agreed timescales. You’ll also ensure that you won’t lose either your reservation fee, and the house, by meeting these initial deadlines.
Typical timeframe: Developers often expect buyers to exchange contracts within 28 days of reserving a property, so it’s important to instruct your conveyancer as soon as possible.
This is usually a quick and intensive process with only 28 days between reserving the property to exchanging contracts. Conveyancing searches and checks for new builds tend to include:
Checking the correct planning permission has been granted, and the property has been built in accordance with it. This also includes the building of the estate itself, that roads, drains and utilities have all been properly established.
Checking that an approved new-build warranty is in place, such as an NHBC Buildmark policy or equivalent warranty accepted by mortgage lenders.
Checking if the property has any covenants registered against it. Covenants can restrict you from doing certain things and so it’s important you are aware of these. They can include things such as not allowing extensions or restricting you from making alterations to the way the property looks, for example.
Checking whether the property is leasehold or freehold. Thanks to the leasehold reform, new build houses will most likely be freehold, meaning you own the property and the land it sits on. However, if it is a leasehold, your conveyancer will run further checks to see details of the lease which will include how the common areas are to be managed and the costs of management fees.
Typical timeframe: The majority of these checks typically take two to four weeks dependent on your local authority.
You pay the deposit when you exchange contracts. For new builds, this deposit amount required is often higher than for older properties, usually starting at around 10% of the purchase price. Many developers also offer incentives, such as a deposit contribution, which may allow you to buy with as little as 5%.
Your deposit should be protected. Check that your developer is registered with a warranty provider (such as the National House-Building Council) or a reputable insurance scheme, as this can protect some or all of your deposit if the developer becomes insolvent before completion. You should also ask your conveyancer to include a clause in your contract specifying what happens to your deposit if the developer becomes insolvent.
Typical timeframe: Your deposit is usually paid when contracts are exchanged.
This happens once all checks have been completed, usually within four weeks of reserving the property. At this stage, you’ll agree to purchase the property at the current market price and confirm that you will pay the final balance on completion.
As with any property purchase, exchanging the contracts makes the sale legally binding. Before signing your contract ask your conveyancer to include:
Deposit protection - a clause outlining what happens to your deposit in the event of unreasonable delays or if the developer becomes insolvent.
Defect protection - a clause confirming the developer will fix any issues identified in your pre-completion inspection or snagging survey (more about this in step 5).
Your conveyancer should also check whether the contract contains a long-stop date. This gives you the right to withdraw if the property is not completed by an agreed deadline.
Typical timeframe: Exchange is often required within 28 days of reserving the property.
Snagging surveys are a specific type of inspection designed for new-build properties. If your new build comes with a warranty from a provider such as National House-Building Council (NHBC), you may be entitled to a pre-completion inspection (PCI). However, if your developer doesn’t allow access to the property before completion, you’ll need to arrange a snagging survey after you’ve completed. In either case, it’s your responsibility to arrange the inspection. Your conveyancer should make sure it is clear in your contract that any defects identified through the snagging survey or PCI will be fixed by the developer after completion. Find out more about snagging surveys and what they cover.
Typical timeframe: Before completion, where permitted, or shortly after you’ve moved into the property.
This is the date when your conveyancer will transfer the funds provided to the developer's solicitor and the house is yours! On completion, you’ll receive your keys, building logbooks and any owner’s manuals and warranties.
If you weren’t able to get a snagging survey prior to this point, you should get one as soon as possible, so you can make the developers aware of any outstanding issues that need fixing.
Typical timeframe: Completion could take place anywhere from a few weeks after exchange to several months, depending on if you’re buying off plan or construction is still ongoing.
The length of the new build conveyancing process can vary depending on whether the property has already been built or is being purchased off-plan.
Buyers are typically required to exchange contracts within 28 days of reserving a new build property. However, completion may not take place until weeks or even months later if construction is still ongoing.
Once the property is structurally complete, the developer will usually serve notice to complete, giving you a set period of time to finalise the purchase and collect your keys.
Although every purchase is different, the journey from reservation to completion will usually follow the stages shown above. Your conveyancer can provide a more accurate estimate based on the developer’s build schedule and your individual circumstances.
Construction delays are one of the most common concerns when buying a new build property. If the property isn’t ready by the estimated completion date, completion will usually take place once the developer serves notice that the home is structurally complete.
Your conveyancer should review the contract carefully to ensure appropriate protections are in place, including any long-stop date that allows you to withdraw from the purchase if construction is significantly delayed.
Tailored to you: We will match you with a conveyancing firm who specialise in new build property purchases, ensuring expert guidance every step of the way.
Trusted by our customers: The conveyancing firms we work with put their customers first, and are rated excellently, so rest assured you'll only ever receive the best service.
Online document submission: All the conveyancers we work with are based online, so you'll never need to visit your conveyancers offices. You can manage your move online through our eWay portal, meaning a lot less paperwork and delays.
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