How Is Conveyancing for a New Build Different?

Buying a new build home can be exciting, everything is modern, unused, and often more energy efficient. But the legal process for buying a new build property is usually more complex than buying an existing home.

That’s because many new build buyers purchase “off plan” (before the property is finished), meaning contracts may be exchanged before the home is built and completion may not have a fixed date.

This guide explains what makes new build conveyancing different, what your solicitor will check, and how to protect yourself when buying from a developer.

What is new build conveyancing?

New build conveyancing is the legal process of buying a property that has been newly constructed (or is still under construction). It covers the same main stages as standard conveyancing, including:

• reviewing the contract
• carrying out searches
• checking title and boundaries
• arranging mortgage requirements
• exchanging contracts
• completing the purchase and registering ownership

However, new build conveyancing often involves extra legal checks because the property is newly created and may not yet have a legal history.

What makes buying a new build different from buying an existing property?

With a typical house purchase, you view the completed property, negotiate the price, and exchange contracts once everything is agreed, usually with a fixed completion date shortly afterwards.

With new builds, the process often looks like this:

1. You pay a reservation fee
2. You must exchange contracts quickly (sometimes within weeks)
3. The property may not be finished yet
4. Completion takes place later, often “on notice” (when the developer confirms it’s ready)

This is a major difference: exchange can happen months before completion, and your legal contract must protect you during that time.

Why do developers push for quick exchange of contracts?

Many developers require exchange within a strict deadline (often around 28 days after reservation), even if construction is ongoing.

This benefits developers because it:

• locks buyers into the sale
• helps secure their project funding
• reduces risk of buyers pulling out

For buyers, though, it increases pressure and it’s one of the main reasons you need a solicitor who understands the risks of new build purchases.

What does “completion on notice” mean?

A common feature of new build contracts is completion on notice (sometimes called exchange on notice).

This usually means:

• the completion date is not fixed at exchange
• the developer serves a formal notice to complete once the property is signed off
• the buyer must complete within a short period (often 10 working days)

This can be difficult if you need time to organise removals, give notice on a rental property, or finalise mortgage funds.

What is a “long-stop completion date” and why does it matter?

Because build projects can overrun, your solicitor should look for a long-stop date.

A long-stop date sets a final deadline by which the developer must finish and complete the sale. If the deadline passes, the buyer may have the right to withdraw and recover the deposit (depending on the contract wording).

This is particularly important where delays could cause:

• your mortgage offer to expire
• your rental tenancy to overlap longer than expected
• moving plans to fall apart

Homeowners groups regularly flag long-stop protection as one of the key issues for buyers facing new build delays.

What extra legal checks are needed when buying a new build?

New build conveyancing typically involves more detailed investigation into matters that wouldn’t apply to older properties.

1) Planning permission and building regulations

Your solicitor will check that the development has appropriate:

• planning permission approvals
• building regulation sign-off (or the process for obtaining it)
• compliance with any planning conditions

This is essential because an issue with the overall development can affect your property, even if your individual home looks fine.

2) Roads, paths and access rights

Many new build estates are constructed in phases. Your solicitor must check:

• legal access to the property from adopted roads
• whether estate roads are adopted by the local authority or remain private
• your obligations to contribute to maintenance costs

Your original Q&A rightly highlights adoption issues for roads and sewers, which remain key new build checks today.

3) Sewers and drainage adoption agreements

Your solicitor should also confirm whether there are formal agreements for:

• foul drainage systems
• surface water drainage
• sewage and water adoption

If these systems aren’t properly adopted, homeowners can face long-term issues (and unexpected costs).

4) Utilities and service media (gas, water, electricity, broadband)

New build homes may rely on:

• shared service routes across the development
• easements granted between plots
• unadopted “private network” infrastructure

Your conveyancer will check the necessary rights exist and that future maintenance responsibility is clear.

5) Warranty and new home guarantee paperwork

Most new build homes come with a warranty such as:

• NHBC
• LABC
• Premier Guarantee (or similar)

Your solicitor will need to confirm what warranty applies and that the required documents will be issued.

6) Estate rent charges and management companies

Even if you buy a freehold new build, you may still be required to pay:

• estate service charges
• management company fees
• contributions for landscaping, lighting, shared areas and play parks

Your solicitor will check what you must pay, what the fees cover, and whether they can increase over time.

7) Leasehold new builds and Building Safety Act checks (where relevant)

If you’re buying a leasehold new build flat, extra checks may apply, especially in relation to building safety obligations and documentation.

The Building Safety Act has introduced important changes for residential leasehold conveyancing in England, and the Law Society has published guidance for conveyancers in this area.

Not every transaction will be affected, but where it applies, it can impact:

• lender requirements
• information needed from sellers/builders
• timing and delays in conveyancing processes

How can buyers protect themselves when buying a new build?

A good conveyancer will help you reduce risk by advising you on key contract protections such as:

• a fair long-stop completion date
• the return of your deposit in specific scenarios
• developer obligations to finish works and provide certification
• whether extras (upgrades) are included in the contract specification
• how snagging and defects will be handled after completion

What happens after completion if defects are found?

New builds can come with “snagging” issues, small defects like:

• uneven flooring
• poor paintwork
• doors not closing properly
• plumbing leaks

Depending on the developer and warranty terms, you may have routes to enforce repairs.

Many developers follow the New Homes Quality Code and complaints can sometimes fall under the New Homes Ombudsman Service, offering buyers added consumer protection in some situations.

Your solicitor can explain what consumer protections may apply and what to check before you complete.

Common new build conveyancing delays

New build conveyancing can be delayed by:

• developer slow responses to legal enquiries
• missing planning or building control documents
• delays to roads/drainage adoption agreements
• mortgage offer expiry or re-issue requirements
• build completion delays affecting the notice period

Because of the tight exchange deadlines, it’s best to instruct a solicitor as soon as you reserve the property.

Do you need a solicitor for a new build purchase?

Yes, and ideally one with proven experience in new build transactions.

New builds involve contractual terms and legal structures that aren’t common in older property purchases. A conveyancer experienced in new builds will know what needs to be checked, what risks to watch for, and how to negotiate amendments where appropriate.