New Build Conveyancing — What Is Different and What Buyers Need to Know

New Build Conveyancing — What Is Different?

Purchasing a new-build property from a developer is fundamentally different to buying a second-hand home. The conveyancing process is compressed, the contract terms are dictated by the developer rather than negotiated between equals, and the risks for buyers are distinctive. Conveyancers almost always charge a new-build supplement — typically £200 to £500 plus VAT — reflecting the additional work involved.

Our [Conveyancing Calculator](/conveyancing-calculator) includes a new-build option so you can estimate your total legal costs before reserving.

The Developer Contract Pack

Rather than waiting for a vendor's solicitor to send a standard contract pack, new-build developers send a professionally drafted developer contract pack at the outset. This typically runs to 100 pages or more and includes:

• The sale and purchase agreement (developer's standard form, weighted in their favour)
• Transfer deed
• Specification and drawings
• Estate-wide covenants and restrictions
• Service charge and estate management provisions (for houses on managed estates, as well as flats)
• Planned completion date and longstop date

Your conveyancer will review this in detail, raise enquiries with the developer's solicitor, and report to you on the key terms and any risks. In practice, developers concede little on contract terms — the standard documentation is weighted to protect the developer — but your conveyancer will identify provisions that are unusual or particularly onerous.

Exchange Deadlines

One of the most distinctive features of new-build purchases is the **exchange deadline**. Developers typically require exchange of contracts within 28 days of the contract pack being sent (or within 28 days of reservation). This is considerably faster than the typical eight to twelve weeks from offer to exchange on a second-hand purchase.

This creates real pressure:

• Your mortgage offer must be in place (or very close) before exchange
• Your conveyancer must complete their title investigation and raise and receive responses to enquiries within the deadline
• You must be ready to commit legally to the transaction while the property may not yet be built, or may be months from completion

Missing the exchange deadline can result in the developer releasing the plot to another buyer and retaining the reservation fee. Ensure your conveyancer has capacity to work to the deadline before instructing them.

Mortgage Validity Window

New-build mortgage offers from most high-street lenders are valid for **six months** (compared to three to six months on second-hand purchases). This is because completions on new builds are often delayed — the developer's planned completion date slips due to construction delays, supply chain issues, or labour shortages.

If completion does not take place before your mortgage offer expires, your lender will need to re-underwrite the application (a remortgage offer), which may result in different terms if interest rates or your personal circumstances have changed.

The Longstop Date

Developer contracts contain a **longstop date** — the date by which the property must be ready for completion, beyond which the buyer has the right to withdraw and receive a full refund of the exchange deposit. The longstop date is typically 12 to 24 months from exchange.

Your conveyancer will review the longstop date carefully. Ensure it is realistic given the construction programme, and understand what your rights are if the developer fails to complete by this date.

Newly Built Leasehold Properties

Many new-build flats (and some houses on large developments) are sold as leasehold. The Leasehold and Freehold Reform Act 2024 restricts new-build houses from being sold as leasehold in most circumstances, but flats remain subject to leasehold tenure. Review the lease term (aim for 999 years or 125 years minimum), service charge provisions, and estate management arrangements with your conveyancer.

New Build Warranty Schemes

Most new builds are covered by a structural warranty scheme — most commonly NHBC Buildmark (10 years), Premier Guarantee, or LABC New Home Warranty. Your conveyancer will confirm the warranty is in place and will pass the documentation to you at completion. Mortgage lenders require a recognised warranty before releasing funds.

Help to Buy and Shared Equity Schemes

While the Help to Buy Equity Loan scheme closed to new applications in 2023, some buyers in 2026 may be purchasing through developer-backed shared equity schemes or shared ownership arrangements. These involve additional legal complexity — your conveyancer will need to review the equity loan or shared ownership documentation and advise on the implications.

For a full new-build cost estimate, visit our [Conveyancing Calculator](/conveyancing-calculator).