How to Complete Conveyancing for New Build Properties

Purchasing a new build property - whether it's a house or a flat - is increasingly popular, particularly for first‑time buyers and investors. However, the conveyancing process for a new build differs substantially from the purchase of an existing home. This is because you often commit to the contract before the property is built, the developer's lawyer drafts bespoke contracts, and there are additional legal protections and risks to manage. This guide explains how to complete conveyancing for new build properties, step by step, what legal checks are essential, timelines, potential risks, and key obligations under English and Welsh property law. It is designed for buyers, solicitors, students, and members of the public unfamiliar with the technical process.

What Is New Build Conveyancing?

New build conveyancing is the legal process of transferring ownership of a newly constructed property from the developer to the buyer. Unlike resale conveyancing - where the property already exists and often has an established title - new builds may:

• be off plan (not yet constructed),
• be completed but have no prior legal title registration, or
• involve complex developer contracts with tailored terms and deadlines.

Because of this, solicitors handling new build transactions must undertake additional checks and work within often compressed timelines under obligations imposed by the developer's reservation agreement and contract terms.

Key Differences from Resale Conveyancing

Understanding what makes new build conveyancing distinct helps buyers, their solicitors, and lenders anticipate legal requirements:

• Reservation agreements and tight deadlines: Developers often expect contracts to be exchanged within around 28 days of reservation.
• Exchange occurs before completion: Contracts may be exchanged while the property is still under construction, with completion “on notice” once the building is ready.
• Developer‑drafted contracts: These differ from standard Law Society contracts and often include bespoke terms regarding build specifications, warranties, and incentives.
• Warranties and structural guarantees: Most new builds are covered by a NHBC Buildmark warranty or an equivalent scheme that must be verified as part of conveyancing checks.
• Additional legal checks: Planning permissions, building regulations compliance, adoption of roads and sewers, and communal maintenance arrangements often require review.

These differences mean that early legal involvement can prevent delays and protect the buyer's interests.

Step‑by‑Step Guide to New Build Conveyancing

1. Reservation and Instruction of a Solicitor

Before formal conveyancing begins:

• Reserve the property: Submit an offer and pay the reservation fee (often £500‑£2,000), which secures the plot and usually triggers a contractual deadline to exchange contracts.
• Instruct an experienced conveyancer immediately: New build conveyancing demands specialist experience. Developers often provide a standard timeframe (e.g., 28 days) to complete legal work and exchange.

Delaying instruction after reservation can jeopardise your ability to meet developer deadlines.

2. Reviewing the Contract and Title Documentation

Once instructed, your solicitor will:

• Obtain and review the contract pack from the developer's solicitors, which includes draft contracts, title information, planning permissions, and warranty details.
• Check the title: For new builds, the title and estate plan may not yet be registered with HM Land Registry in some cases. Your solicitor will assess the developer's draft registration paperwork or draft lease (for flats).
• Review the contract terms: Because developer contracts often favour the builder's position, detailed scrutiny is required to ensure terms concerning completion, deposit protection, and obligations are understood and fair.

Developers are usually obliged to provide pre‑purchase information under the Consumer Code for Home Builders, including details on price, tenure, and restrictions, which your solicitor will explain.

3. Conduct Essential Searches and Planning Checks

Unlike resale purchases, new build conveyancing involves additional technical and legal checks:

• Planning permissions: Confirm that appropriate planning consent was granted and the build complies with the approved plans.
• Building regulations: Ensure the developer has complied with building control requirements and certificates will be issued.
• Adoption agreements: Verify whether roads and sewers are adopted by the local authority or remain private, as this affects future maintenance responsibilities.

These checks help avoid disputes or liabilities post‑completion.

4. Securing Financing and Mortgage Checks

If you are purchasing with a mortgage:

• Apply for the mortgage early: Because contracts must be exchanged promptly after reservation, securing a mortgage offer and arranging valuation early is essential.
• Ensure mortgage offer validity: Mortgage offers typically have an expiry date (often six months). Completion dates for off‑plan properties may fall after this, so communicate with your lender early about extensions if necessary.

Your solicitor will liaise with the lender's conveyancing team to ensure legal checks meet lender conditions.

5. Exchange of Contracts

Contracts are exchanged once all legal checks and searches are complete. At this point:

• You pay your deposit, typically around 10% of the purchase price.
• The contract becomes legally binding, including the price lock‑in clause, which protects you from price increases between exchange and completion.
• Your solicitor may confirm any long‑stop completion date, which is the final deadline by which the developer must complete the build or allow you to withdraw and recover your deposit.

Exchange often must take place before completion, which is a unique feature of new build conveyancing.

6. Pre‑Completion Inspection and Snagging

Once the developer near completes construction:

• Arrange a pre‑completion inspection to identify visible defects or unfinished work (a “snagging” list).
• Where issues are found, ensure they are resolved before final completion if possible.

These inspections protect your interests and are distinct from the warranties issued by NHBC or other providers.

7. Completion and Post‑Completion Steps

On completion:

• Your solicitor will transfer the remaining funds to the developer.
• They will register your ownership with HM Land Registry and submit the Stamp Duty Land Tax (or Land Transaction Tax in Wales) return on your behalf.
• You should receive warranty documents, guarantees, and all relevant certificates covering the property.

Finally, consider arranging a post‑completion snagging survey to document any further issues that may arise once you have fully occupied the property.

Common Risks and How to Mitigate Them

New build conveyancing carries specific risks:

• Construction delays: Projects may run over schedule, so ensure your mortgage offer remains valid and check the long‑stop date in the contract.
• Developer insolvency: Ensure that warranties cover your deposit and that contract terms protect you in the event the developer goes out of business.
• Contract complexity: Developer contracts can be lengthy and weighted in favour of the builder - specialist legal advice helps manage these terms.
• Unadopted infrastructure: Roads, sewers and shared facilities not adopted by local authorities may create future costs - check adoption agreements carefully.

Working with an experienced new build conveyancer significantly reduces these risks.

Common Questions from our Readers

Do I need a solicitor to buy a new build property?
Yes. Because of bespoke developer contracts, tight deadlines, and additional legal checks, instructing a solicitor with specialist new build experience is essential.

What is a reservation fee?
A reservation fee secures your chosen plot, usually payable upfront, and is then deducted from the purchase price at completion. It often triggers the timeframe for exchanging contracts.

Can I withdraw if the build is delayed?
Contracts typically include a long‑stop completion date. If the developer fails to complete by that date, you may have the right to withdraw and recover your deposit, depending on the contract terms.

What warranties do new builds have?
Most new builds are covered by a 10‑year warranty such as NHBC Buildmark, which includes cover for defects in workmanship, materials and major structural issues.

Key Takeaways

Completing conveyancing for a new build property in England and Wales involves a structured sequence of legal steps tailored to the unique features of developer contracts and construction timelines. Starting with reservation and early instruction of a specialised solicitor, through rigorous contract and title reviews, essential checks on planning and building regulations, exchange of contracts often before completion, and final registration and completion on notice, the process requires careful legal and practical guidance. Understanding key risks such as build delays, developer insolvency, and infrastructure adoption issues, and engaging professional expertise, helps ensure a successful and legally compliant property purchase.