New Build Conveyancing UK: Key Differences Explained
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Buying a brand new home is not the same legal journey as buying a second-hand property. The bricks may be fresher, but the paperwork comes with its own rhythm, its own deadlines, and its own traps. Developers operate to tight commercial timetables, plots are often sold before a single brick is laid, and the contract you sign can contain restrictions that follow the property for decades.
If you are weighing up a new build purchase in England or Wales, it helps to understand where the process diverges from a standard resale conveyance. This guide walks through the key stages, from reserving a plot to exchanging contracts, and flags the points where buyers most often come unstuck.
Treat it as a map rather than a manual: every development has its own quirks, and the small print matters more than most buyers realise.
Overview
New build conveyancing is the legal process of transferring ownership of a property that has been newly constructed, or is still being built, from the developer to the buyer. In principle it follows the same framework as any other residential purchase in England and Wales, with searches, enquiries, contract exchange, and completion.
In practice, developers set the pace. You are typically buying from a housebuilder working to strict sales targets, so the timetable between reservation and exchange is compressed, often around 28 days. You may also be buying 'off plan', meaning the house does not yet physically exist and you are relying on plans, specifications, and the developer's brochure.
The contract itself tends to be longer and more one-sided than a resale contract, with covenants, estate management arrangements, and warranty provisions that your solicitor will need to work through carefully. Because completion dates depend on construction progress, they can shift, which has knock-on effects for your mortgage offer and moving plans.
Key steps
- Reserve the plot early. New build demand tends to outstrip supply, particularly on popular phases of a development. Once you have chosen your plot, house type, and any options, the developer will ask you to sign a reservation form and pay a reservation fee. This takes the property off the market for a set period while the legal work begins.
- Instruct a conveyancer who knows new builds. Not every conveyancer is comfortable with developer contracts, and new build work moves fast. Appoint a legal team as soon as you reserve, tell your mortgage broker the moment you have reserved, and make sure everyone understands the developer's exchange deadline. Delays at this stage are hard to recover from.
- Run searches and review covenants. Your conveyancer will order local authority, environmental, drainage, and any development-specific searches. They will also examine the restrictive covenants in the transfer, which can limit extensions, outbuildings, business use, or even the type of fencing you install. Flag anything that would restrict your future plans.
- Check the contract against your expectations. Anything the sales team promised, finishes, appliances, turf, a particular garage size, an incentive such as stamp duty contribution, needs to be written into the contract pack. Verbal assurances count for nothing once you have exchanged. Read the plans and specification carefully and raise enquiries on anything ambiguous.
- Exchange, then prepare for a moving completion date. On new builds, completion is often tied to the developer giving notice that the property is ready, sometimes at ten working days' notice. Keep your mortgage offer live, diarise its expiry, and stay in regular contact with your conveyancer so you can complete quickly when the call comes.
Common questions
Q What does buying 'off plan' actually mean?
Buying off plan means committing to purchase a property before it has been built, or while construction is still underway. You make your decision based on the developer's floor plans, site layout, specification document, and show home. It allows buyers to secure a preferred plot early, but it also means you are trusting the developer to deliver what the brochure describes. Your conveyancer's review of the contract and plans becomes particularly important.
Q Is the reservation fee refundable if I pull out?
In most cases, the reservation fee is non-refundable once paid, although a small portion may be returned if the developer itself cancels or fails to deliver. Fees vary between developers and are usually credited against the purchase price at completion. Read the reservation form carefully before signing, because it sets out exactly what happens to the fee if the sale does not proceed within the agreed window.
Q Why do developers push for a 28-day exchange?
Housebuilders work to strict quarterly and annual sales targets, and cashflow depends on exchanges, not just reservations. A 28-day deadline keeps the pipeline moving and filters out buyers who are not ready to proceed. It is achievable with a responsive conveyancer and a mortgage offer in principle, but it leaves very little slack, so prompt replies to your legal team are essential.
Q What is a new build warranty and why does it matter?
Most new builds come with a ten-year structural warranty, commonly from NHBC, LABC, or a similar provider. The first two years usually cover defects the developer must fix, and the remaining period covers major structural issues. Lenders typically require a recognised warranty before they will lend, so check the warranty provider and certificate details are confirmed in your contract pack.
Q Can the completion date change after I exchange?
Yes, and this is one of the biggest practical differences from a resale. Contracts often specify a long-stop date rather than a fixed completion date, with the developer serving notice once the property is physically complete and signed off. That can mean short notice to complete, so keep removals flexible and monitor your mortgage offer expiry date throughout the build period.
Q What are restrictive covenants on a new build?
Developers typically impose covenants to keep the estate looking consistent and to protect the value of unsold plots. Common restrictions include limits on external alterations, parking commercial vehicles, running a business from home, or keeping certain animals. Some covenants last indefinitely. Ask your conveyancer to summarise any covenants that could affect how you want to live in or modify the property.
Q Do I still need a survey on a brand new home?
It is a common misconception that new builds do not need a survey. A snagging inspection, carried out before or shortly after completion, identifies defects in finish and workmanship that the developer should remedy. A professional snagger will spot issues most buyers miss. This is separate from the mortgage valuation, which is for the lender's benefit, not yours.
Sources
This guide is based on primary UK law and official guidance.
- Guidance · UK GovHM Land Registry: buying and selling propertygov.uk
- Guidance · UK GovStamp Duty Land Tax guidancegov.uk
- Official SourceNew Homes Quality Boardnhqb.org.uk
- Official SourceNHBC: new home warrantiesnhbc.co.uk
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.