New Build Solicitors
What Is New Build Conveyancing?
New build conveyancing refers specifically to the legal process of transferring ownership of a newly constructed property, or one that has yet to be built - from the developer to the buyer.
One of the main benefits of purchasing a new build home is that it typically includes up-to-date building techniques and energy-efficient insulation, making the property potentially cheaper to run and more comfortable than many older buildings. Maintenance issues are often less of a concern at the outset, and problems such as damp, subsidence, or general wear and tear are less likely to occur in the immediate years after completion.
Where possible, look to purchase from a developer who has signed up to the New Homes Quality Code for added peace of mind.
What Is Different About New Build Conveyancing?
Because you are often buying a property that may not be completed—or even started—at the point of purchase, the legal process can be more involved than buying an existing property. There are a few key areas that set it apart:
Short Reservation Period: You will usually pay a reservation fee to secure your chosen plot, and you are then given a short time, often around 28 days, to exchange contracts. If you miss this deadline, the developer could offer the plot to someone else, and you risk losing your reservation fee.
Deposit Payment & Protections: A deposit of 10% of the agreed purchase price is usually payable on exchange. Your solicitor or conveyancer must ensure that it is protected by way of an insurance policy, should the developer fail to complete the build.
Uncertain Completion Date: Because many new build homes are sold off-plan, it’s rare to have a fixed completion date. Completion is typically “on notice,” meaning it occurs when the property is structurally finished and final certificates (such as Building Regulation approval) are issued. This can be difficult to coordinate if you’re selling another property at the same time.
Mortgage Offer Timing: You often need to have your mortgage finance in place and be prepared to move quickly when the property is declared ready. Mortgage offers can expire if the build takes longer than expected, so timing is crucial.
Potential Temporary Accommodation: If the exact build completion date is unclear, it can be challenging to align the sale of your current home and the completion of your new one. In some cases, you may need to consider temporary accommodation unless the developer offers a part-exchange scheme for your old property.
What Work Will New Build Solicitors Carry Out?
Your solicitor or conveyancer will handle all the usual checks associated with any property purchase, plus additional work specific to new builds. They will:
- Review and investigate planning permissions, building regulation approvals, new build warranties, and any planning agreements related to the development.
- Ensure that your deposit is safeguarded against developer default and that the contract reflects your rights if there are delays.
- Check developer credentials, such as membership in reputable industry schemes (e.g., the New Homes Quality Board), for extra consumer protections.
- Arrange or advise on ‘snagging’ surveys, so any issues can be identified and agreed upon for remediation before (or shortly after) you move in.
- Liaise with the developer’s solicitor to confirm that roads, drainage, and other essential infrastructure are properly adopted or managed.
- Ensure the property has the correct new build warranty or Architect’s Certificate acceptable to your lender.
Because of the tight deadlines and specific demands from developers, it is strongly recommended to use a solicitor who has expertise in new build conveyancing. They will be familiar with the nuances and best practices for addressing planning, structural warranties, and timing challenges that a standard conveyancer may not encounter as regularly with older homes.
How Long Does Conveyancing Take on a New Build?
The timescale for new build conveyancing can be unpredictable, but here is a step-by-step guideline that you may find useful:
- You will be asked to pay a reservation fee to secure your preferred plot
- You will be given a range of time to exchange contracts, usually around 28 days
- A deposit of the purchase price will be paid upon exchange, usually 10%
- Your solicitor will ensure an insurance policy is in place, in case of a developer's failure to complete
- Completion will be triggered when property has been structurally completed, usually when the Building Regulation Certificate and/or new build warranty note is issued
- Make sure you have a mortgage or funding ready as you will be given a range of time to complete the purchase and pay the remaining purchase balance, usually this is 2 weeks
What Are the Fees for New Build Conveyancing?
Conveyancing fees for a new build purchase can vary, but typically include:
- Legal fees for your conveyancer or solicitor (often higher for new builds due to added complexity).
- Search fees (e.g., local authority, water/drainage, environmental).
- Anti-money laundering checks and ID verification.
- Mortgage lender fees (if relevant), such as acting on behalf of the lender or additional lender-specific search costs.
- Stamp Duty Land Tax (SDLT) or equivalent tax, depending on the property’s purchase price and any available reliefs or exemptions (e.g., first-time buyer relief).
- Fees for Help to Buy or other government-backed schemes, if applicable.
- Potential extra charges for dealing with gifted deposits, leasehold arrangements, or management company fees.
Choosing the Right Solicitors
You may be persuaded to use a solicitor on the developer’s chosen panel, which can be tempting as they will usually be offering a lower legal fee than a truly independent solicitor or conveyance.
However, a panel conveyancer may be more susceptible to the developer's pressure for an early exchange of contracts.
The choice of solicitor or conveyancer is entirely yours. Our residential team has many years of experience to ensure that they act in your best interests at every step of the process.
The New Build Completion Process
When your new home has been built and the completion notice is served to your legal representative, there are usually ~2 weeks for the final checks to be carried out and for funds to be sent to your conveyancer.
During this period, you will usually be allowed to view your newly built home and compile a list of ‘snags’, which are works that you will ask the developer to remedy before completion where possible, or to agree timescales for work more minor in nature to be carried out after you have moved in.
You can instruct a specialist survey to be carried out for you to make sure that all issues, no matter whether minor or more significant, are highlighted and agreed for remediation with the developer before you complete to avoid any disputes further down the line.
New Build Solicitors FAQs
What is a Contract Pack?
This information package is provided by the developer’s solicitor to your conveyancer. It typically includes:
- Planning permissions and related planning agreements.
- Road and drainage adoption agreements.
- Building regulation approvals and proof of compliance.
- Details of the new build warranty or Architect’s Certificate.
- Draft contract and the form of transfer.
Your solicitor will review these documents in detail, ensuring adequate legal protections regarding completion timings, rights for your use of the property, and mechanisms to address any construction delays or defects.
What Warranty Does My New Build Have?
New homes are often sold with the benefit of a warranty that lasts for up to 10 years. Mortgage lenders have varying requirements as to which warranty providers they will accept, or if no traditional warranty is offered, whether they will accept an Architect’s Certificate in its place.
You should ask the developer about the new build warranty before you enter into any reservation agreement.
What Happens if the Developer Delays Completion of the New Build Property?
If a developer delays the completion of your new build property, completion typically occurs "on notice" once the property is structurally finished and final certificates are issued. Your solicitor can ensure that the contract clearly outlines your rights and protections in the event of any delays.
How Can I Protect My New Build Property?
Your solicitor will safeguard your deposit by ensuring it is protected with an insurance policy. This protects your investment if the developer fails to complete the construction of your new home.
Why Work With Our Residential Property Team?
- We have been ranked as a Top Tier law firm by the Legal 500 for the last seven years.
- You will have access to more than 30 property experts across the Myerson Property Group, including residential property, property litigation, construction, commercial property, conveyancing and development.
- You will receive city-quality residential property legal advice at regional prices.
- We provide a partner-led service to ensure you receive the very best legal advice and commercially minded support.
- We have a large team which can meet your deadlines.
- We understand that each transaction is bespoke to your circumstances and that you need support from a conveyancing lawyer who is experienced in dealing with a wide variety of clients and types of work.
- We are a full-service law firm operating from a one-site office, which means our property teams communicate effectively and efficiently.
- We use the latest technology to ensure that we are working as efficiently as possible, and that geographical distance is no bar to us from providing excellent client service.
Meet Our Residential Property Solicitors
Home-grown or recruited from national, regional or city firms. Our residential conveyancing solicitors are primed to provide a stress-free premium service, whilst solving your residential property matter.
Contact Our Experts
You can contact our lawyers below if you have any more questions or want more information: