New build conveyancing is the legal process of buying a newly constructed property. It differs from standard conveyancing with additional checks on planning permissions, NHBC warranties, long-stop completion dates and developer contracts.
Why new build conveyancing is different
Buying a new build involves greater legal complexity than purchasing an existing property. You're often buying something that hasn't been built yet, which means additional checks and protections need to be in place.
The conveyancing process must verify planning permissions, building regulation compliance, NHBC warranties and developer contracts - all while protecting you if construction delays occur or the developer faces financial difficulties.
New builds for first-time buyers
New build properties are particularly popular with first-time buyers, and for good reason.
Why first-time buyers choose new builds
Many developers offer incentives specifically for first-time buyers, including Help to Buy schemes, deposit contributions and even covering your stamp duty costs. New builds also mean you're chain-free, which gives you more control over timing and makes your offer more attractive to developers.
Understanding deposits and schemes
Deposits on new builds can be lower than for existing properties, often around 5-10% when using Help to Buy. First-time buyers can combine government schemes with developer incentives, making new builds more accessible than the resale market. Your solicitor will handle all the Help to Buy paperwork and ensure you're claiming any stamp duty relief you're entitled to.
Why warranties matter for first-time buyers
As a first-time buyer, you won't have previous experience dealing with property issues. New build warranties (typically 10 years from NHBC or similar) provide essential protection. Your solicitor will verify these warranties are in place and explain what's covered - this is particularly important for your first purchase.
Energy efficiency and running costs
New builds meet current building regulations for energy efficiency, which means lower heating bills - an important consideration when you're managing your first mortgage and household budget.
What to consider with new build purchases
New build conveyancing is more complex than standard property purchases because there are potential issues that simply don't exist with existing homes.
Planning regulations
Your developer must comply with council planning regulations. Any non-compliance can delay your move-in date or even require changes to the property. Your solicitor will verify planning permission has been properly granted and that construction follows the approved plans.
NHBC inspections
The developer should arrange regular inspections throughout construction to meet building regulations. Without these inspections and sign-offs, you won't receive proper warranties on the build. Your solicitor will confirm all required inspections have been completed and certificates issued.
Roads, drainage and sewerage
The property needs proper access roads and adequate drainage and sewerage systems. Your solicitor will check that these have been approved by the council and that the developer has completed them to the required standard. For estates, they'll verify whether roads have been adopted by the council or remain private.
Construction plans
Approved planning applications come with specific requirements - window styles, materials, door positions. Any deviations from approved plans that haven't been formally ratified can cause problems. Your solicitor will verify the build matches planning consent.
Common areas maintenance
On new estates, there may be communal gardens or play areas. These need management and maintenance, which means ongoing costs for homeowners. Your solicitor will check what management arrangements are in place and what your financial obligations will be.
Building warranties
NHBC or similar warranties typically last 10 years and protect you against defects. Your solicitor will verify warranties are in place before exchange. Note that warranties might not cover your deposit if the developer becomes insolvent, so your solicitor will explain this risk.
Trust in the developer
You're often buying before construction is complete, which requires trust that the developer will deliver as promised within a reasonable timeframe. This is why the long-stop completion date (explained below) is so important.
Key steps in the new build conveyancing process
The process follows a similar path to standard conveyancing but with new build-specific complexities built in.
Instruct your conveyancing solicitor
The earlier you involve an experienced conveyancing solicitor, the better. Choose someone with specific new build experience who will prioritize your interests. Be wary of solicitors recommended by the developer as they may have divided loyalties.
New build reservation fee
Many developers require a reservation fee (typically £500-£1,000) to take the property off the market. This is separate from your deposit and is deducted from the final payment at completion.
The reservation fee starts the clock on the developer's deadline for exchange (usually 28 days from offer acceptance).
Get everything in writing: the amount paid, reservation period length and what happens if either party pulls out. Most importantly, pass all documentation to your solicitor before paying anything or signing documents.
New build conveyancing checks
Your solicitor will conduct searches and checks beyond those required for standard purchases.
Standard and specialized searches
Your solicitor will order Local Authority, Water and Drainage and Environmental searches. Depending on location, they may recommend additional searches for specific risks like coal mines or flooding.
Planning and building regulations
Your solicitor will verify planning permission has been granted, construction complies with approved plans and all building regulation certificates are in place. They'll also check that roads have been adopted and drainage connections are properly established.
Property type and restrictions
Your solicitor will confirm whether your property is freehold or leasehold and identify any restrictive covenants on construction materials, extensions or outbuildings. For flats, they'll explain management arrangements and associated costs.
Long-stop completion date
Because of increased delay risks with new builds, your solicitor will establish a "long-stop completion date" in the contract. If the home isn't ready by this date, you can walk away with a full refund. Set this before your mortgage in principle expires if buying with a loan.
Price and deposit terms
Your solicitor will establish whether the price is locked in or will change with market value at completion. They'll also clarify what happens to your deposit (usually 10-30% of the asking price) if the developer goes bust, as NHBC warranties might not cover deposit refunds in case of developer insolvency.
Building warranties
Your solicitor will verify that proper warranties (typically NHBC, Build-Zone or similar) are in place. These usually provide 2 years coverage for workmanship defects and up to 10 years for major structural issues.
Completion on notice
Unlike standard purchases where completion dates are set at exchange, new builds use "completion on notice". Once the build is satisfactorily complete, the developer gives notice (typically 10 working days) of the completion date.
Exchange of contracts
Once your solicitor has received satisfactory search results and resolved any issues, you're ready to exchange contracts. Your solicitor will pay the agreed deposit to the developer on your behalf. After exchange, you're legally committed to the purchase.
Pre-completion inspection
Unlike existing properties where you'd arrange a property survey before exchange, new builds are often still under construction. Instead, request a pre-completion inspection once the developer confirms the build is finished.
Every construction has issues needing resolution - from minor problems like ill-fitting doors to more serious issues like unlevel floors. Your solicitor will ensure satisfactory rectification happens before completion proceeds.
Completion and post-completion
When all contractual requirements are met, you can take ownership and collect your keys. You should receive all documentation covering warranties and guarantees. Your solicitor will transfer the remaining amount to the developer, pay stamp duty to HMRC and register ownership with HM Land Registry.
After moving in and settling, consider ordering a snagging survey after a few months to identify any problems the developer should reasonably fix.
What new build warranties cover
A new build warranty typically provides 10-year protection, usually from NHBC, Build-Zone or similar providers.
Years 1-2: Coverage for defects in workmanship or materials, including problems with plumbing, electrics or fittings.
Years 3-10: Focus on major structural defects, including foundation or roof problems.
Warranties also typically cover building regulations compliance and weatherproofing. However, they exclude normal wear and tear or alterations you make yourself.
Before exchanging contracts, review the warranty details carefully to understand what is and isn't covered, and the duration of specific protections. Your solicitor will explain this in detail.
How long does new build conveyancing take
Timelines vary considerably with new builds. Developers typically require exchange within 28 days of reserving the property, so the initial legal work needs to happen quickly.
After exchange, the completion timeline depends on the build stage. If construction hasn't started, completion might be 6-12 months away. If the property is nearly finished, it could be just weeks.
The "completion on notice" clause means you'll get 10 working days' notice of the final move-in date once the developer confirms the build is complete. Starting promptly with an experienced solicitor helps keep everything on track.
Getting expert new build conveyancing support
If you're buying a new build property, you need an experienced conveyancing solicitor who'll work hard to make the legal process as smooth as possible while ensuring the developer meets your expectations.
Homeward Legal doesn't charge extra for new build conveyancing. Our team is well-versed in all aspects of the new build process, providing quality service at competitive rates. Whether you're a first-time buyer using Help to Buy or an experienced purchaser, we'll guide you through every step.
Get a conveyancing quote online or call us on to discuss your new build purchase.
Frequently asked questions about new build conveyancing
Do I need a specialist solicitor for new build conveyancing?
Yes, it's highly recommended. New build conveyancing involves additional complexities like NHBC warranties, long-stop dates and developer contracts that require specific expertise. Choose a solicitor with proven new build experience.
How long does new build conveyancing take?
The legal process from reservation to exchange typically takes 3-4 weeks. After exchange, completion timing depends on the construction stage - from a few weeks if nearly finished to 6-12 months if work hasn't started. The developer will give 10 working days' notice once the build is complete.
What's the difference between reservation fee and deposit?
The reservation fee (typically £500-£1,000) secures the property and is paid when your offer is accepted. The deposit (usually 10-30% of the price) is paid at exchange of contracts. The reservation fee is deducted from the final payment at completion.
Can first-time buyers get help with new build purchases?
Yes. Many developers offer first-time buyer incentives including Help to Buy schemes, deposit contributions and stamp duty assistance. First-time buyers can also benefit from stamp duty relief on properties up to £425,000. Your solicitor will handle all scheme paperwork and ensure you claim available reliefs.
What happens if the developer goes bust?
If the developer becomes insolvent before completion, you should get your deposit back - but this isn't always guaranteed. NHBC warranties cover structural defects but might not cover deposit refunds. Your solicitor will explain this risk and what protections are in place before you exchange contracts.
Do I need a survey on a new build property?
You can't get a traditional survey before exchange as the property isn't built yet. Instead, request a pre-completion inspection (also called a snagging survey) once the developer confirms completion. This identifies issues the developer should fix before you take ownership. Consider getting an independent professional survey rather than relying on the developer's inspection.
What's a long-stop completion date?
A long-stop completion date is the final date by which the property must be ready. If the developer can't complete by this date, you can walk away from the purchase with a full refund. This protects you from indefinite delays. Set this date before your mortgage in principle expires if buying with a loan.
Are new builds usually leasehold or freehold?
Houses are typically freehold (since leasehold houses were effectively banned in recent legislation). Flats are usually leasehold with shared ownership of common areas. Your solicitor will explain which applies to your property and what ongoing costs you'll face. Learn more about the difference between freehold and leasehold.