New build conveyancing: what’s different

Buying a new build is the same legal process as buying anything else — title checks, mortgage paperwork, exchange, completion — but the timing, the pressure, and a few of the risks are different.

You exchange before the house exists

On a new build you usually exchange contracts months before the property is finished. That means you're legally committed at a fixed price for a home that doesn't yet have a completion date. Developers build in a long-stop date — typically 12–24 months from exchange — by which they have to complete or you can walk. Inside that window, they can delay completion without giving you anything.

Your deposit (usually 10%) is on the line if you can't complete when they finally call you. Check your mortgage offer will still be valid by the time the home's ready — most offers only last 6 months.

Pressure to use the developer's solicitor

Developers often dangle incentives — carpets, white goods, a contribution to your legal fees — on condition you use their recommended solicitor. It's legal, but it's a real conflict: that solicitor has an ongoing financial relationship with the developer and a steady pipeline of work from them.

You can use any conveyancer you want, incentive or not. Weigh up the value of the incentive against having a solicitor whose only loyalty is to you.

Short notice at the other end

Once the property is actually ready, developers usually only give you 10–14 days' notice of the completion date. Your conveyancer, your lender, and your removal company all need to be able to move in that window. Make sure your conveyancer has done new build work before and can act at short notice.

Extra things to check for new builds

• Structural warranty: most new builds come with a 10-year NHBC Buildmark warranty or equivalent. Make sure it's in place and read what it actually covers. Cover narrows down a lot after the first two years.
• Help to Buy or whichever scheme is current: if you're using a government scheme, check your solicitor is familiar with the extra paperwork it brings in.
• Estate charges: a lot of new build estates have private roads and shared bits looked after by a management company, with an annual estate charge that residents pay. Get the estimated annual figure, and find out how it can go up.
• Snagging: walk the property at completion, write down every defect, and send the list to the developer in writing. If they don't fix them, your solicitor can tell you the formal process for pushing it.