New Build Conveyancing — What's Different

New Builds Are a Different Beast

Buying a new build property seems like it should be simpler than buying an existing home — no chain, no previous owner, brand-new building. In practice, new build conveyancing is often more complex, more stressful, and more expensive than a standard resale transaction. Developers set short exchange deadlines, contracts are drafted in their favour, and the documentation is extensive.

If you are buying a new build, use our [conveyancing calculator](/conveyancing-calculator) to estimate costs, and read this guide to understand what you are getting into.

The Developer's Reservation and Exchange Deadline

When you reserve a new build property, you typically pay a reservation fee (£500–£2,000) and are given an exchange deadline — usually four to six weeks from reservation. If you do not exchange by that deadline, the developer can re-market the property and retain your reservation fee.

This is very different from a resale transaction, where there is no formal deadline to exchange. The pressure it creates causes problems:

• Your conveyancer must work quickly to review the contract pack (which on a new build can be very lengthy), conduct searches, satisfy lender requirements, and arrange exchange — all within a developer-imposed timeframe.
• If your mortgage takes longer than expected to arrange, or if searches are delayed, you may face a request for a deadline extension (which developers may or may not grant) or lose your reservation.

**Practical implication:** Instruct a conveyancer with proven new build experience immediately upon reservation. Do not wait until you have a mortgage offer. Submit your mortgage application the same day you reserve.

The Contract Documentation

New build contracts are drafted by the developer's solicitors and are written in the developer's favour. They are often lengthy (50–100 pages), contain provisions that would not appear in a resale contract, and require careful review by an experienced solicitor.

Key provisions to look out for:

• **Longstop date:** The date by which the developer must complete. If they have not finished the property by this date, you can typically withdraw and recover your deposit. Ensure the longstop date is realistic — some longstop dates are set 18–24 months after reservation on properties that are not yet built.
• **Part-exchange provisions:** If you are part-exchanging an existing property, the terms of this sub-transaction are embedded in the main contract.
• **Deposit protection:** Your deposit should be protected (either by insurance or held in a segregated account). Insist your conveyancer confirms this.
• **Estate management charges:** New builds increasingly carry estate charges — fees payable to a management company for maintaining communal areas on the estate. These are not the same as service charges on a flat and may not be clearly disclosed. Your conveyancer must identify and quantify them.
• **Ground rent and lease terms (for flats):** As above, check lease length, ground rent provisions, and service charge estimates.

Searches and Infrastructure

For a property that is not yet built (off-plan purchase), searches are ordered against the land rather than the completed building. This is fine for most searches, but environmental searches may flag construction-phase issues. Also, drainage connections may not yet be completed at the time of exchange, and the developer's solicitor provides undertakings to complete these works.

Your conveyancer must confirm that the estate will be adopted (roads and open spaces taken over by the local council) or that appropriate maintenance arrangements exist — because unadopted roads mean the residents pay for their upkeep.

The NHBC Buildmark Warranty

Most new build homes come with an NHBC Buildmark warranty (or equivalent from providers such as Premier Guarantee or LABC). This 10-year warranty covers structural defects and snagging issues. Your conveyancer must confirm the warranty is in place and will transfer to you, and that it is acceptable to your mortgage lender.

Without a warranty, many lenders will not mortgage a new build property. The warranty documentation becomes part of the title bundle.

Additional Costs for New Build Conveyancing

Compared to a resale transaction, new build conveyancing typically costs:

• **Higher legal fee:** £200–£600 more than a comparable resale, reflecting the additional documentation and complexity.
• **Developer's solicitor's legal fees (sometimes):** On some transactions, particularly leasehold flats, the developer charges the buyer a contribution to their own legal costs (£200–£600). This is disclosed in the reservation agreement — check for it and factor it into your budget.
• **Mortgage arrangement fee:** Some lenders charge a higher fee for new build mortgages.

Our [conveyancing calculator](/conveyancing-calculator) allows you to select new build as the property type to get a more accurate cost estimate for your specific transaction.

Timing and the Completion Date

Completion on a new build is triggered when the property is certified as legally complete — which means the developer's building inspector has signed off the construction. This date is often uncertain right up to the last minute, as construction programmes slip.

Your solicitor must be ready to complete at very short notice (sometimes 10 working days after a notice to complete is served). If you are in a rental property, your landlord will not take kindly to multiple short-notice extensions of your tenancy. Build contingency into your rental plans when buying new build.