New build conveyancing: what is different

Buying a new build property involves the same legal process as any purchase — title checks, mortgage work, exchange, completion — but with several important differences in timing, pressure, and risk.

Exchange before the property exists

On a new build, you typically exchange contracts before the property is finished — often months before. This means you are contractually committed to a purchase at a fixed price for a property that does not yet have a completion date. Developers insert long-stop dates (typically 12 to 24 months from exchange) by which they must complete; if they miss that date you may be able to pull out, but the developer can usually delay completion within that window without penalty.

Your deposit (typically 10%) is at risk if you cannot complete when required. Make sure your mortgage offer will still be valid at the expected completion date — most offers are valid for 6 months.

Pressure to use the developer's solicitor

Developers often offer incentives — carpets, appliances, contributions to legal fees — conditional on you using their recommended solicitor. This is legal, but it creates a conflict of interest: the recommended solicitor has a financial relationship with the developer and a high volume of repeat work from them.

You are entitled to use an independent conveyancer regardless of incentive arrangements. Weigh the incentive value against the benefit of having a solicitor who owes no commercial loyalty to your developer.

Short notice periods at completion

Developers typically give 10 to 14 days' notice of the completion date once the property is ready. Your conveyancer, mortgage lender, and removal company all need to be ready to act within that window. Make sure your conveyancer is experienced with new build timescales and has confirmed they can act at short notice.

Additional checks specific to new builds

• Structural warranty: Most new builds come with a 10-year NHBC Buildmark warranty or equivalent. Confirm this is in place and review what it covers — cover reduces significantly after the first two years.
• Help to Buy: If you are using Help to Buy (or a successor scheme), confirm your solicitor is familiar with the additional documentation requirements.
• Estate charges: Many new build estates have private roads and shared amenities maintained by a management company, with an annual estate charge payable by residents. Ask your solicitor to confirm the estimated annual charge and the mechanism by which it can increase.
• Snagging: Note any defects at completion and report them to the developer in writing. Your solicitor can advise on the formal process for resolving snags that are not addressed.