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    New Build Conveyancing Solicitors

    J Scott & Co Solicitors
    28 July 2026
    6 min read

    Key Takeaway

    Buying a new build is not simply buying a house that happens to be new. The contract is different, the timetable is set by the developer rather than agreed between the parties, and there are risks…

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    Buying a new build is not simply buying a house that happens to be new. The contract is different, the timetable is set by the developer rather than agreed between the parties, and there are risks that do not arise on a second-hand purchase at all.

    Developers frequently impose a 28-day exchange deadline from reservation. That is a demanding timetable, and a conveyancer who does not handle new builds regularly will struggle to meet it.


    How new build differs

    The exchange deadline

    You pay a reservation fee — commonly £500 to £2,000 — and the plot is held for you. In exchange, you agree to exchange contracts within a fixed period, typically 28 days.

    Miss it and the developer can release the plot and, depending on terms, retain the fee. Everything must be done inside that window: searches, enquiries, mortgage offer, and the contract review.

    This is why instructing quickly matters more here than on any other type of purchase.

    Buying off-plan

    Often the property does not exist yet. You are buying from plans and a specification.

    That raises questions a normal purchase does not. What if it is not finished on time? What if the finished property differs from the plans? What if your mortgage offer expires before completion — most are valid for three to six months?

    The contract should address all of this. We check that it does.

    Long-stop dates

    The contract should include a long-stop date — the latest date by which the developer must complete, failing which you can withdraw and recover your deposit.

    Without one, you could be contractually bound indefinitely. Some developer contracts set the long-stop date so far out as to offer little real protection. We negotiate this where possible.

    Notice to complete

    Once the property is finished, the developer serves notice and you typically have 10 to 14 days to complete. Your mortgage funds must be available inside that window — which is why mortgage offer expiry dates need watching closely throughout.

    The developer's own contract

    New build contracts are drafted by the developer's solicitors, for the developer. They are not the standard forms used in ordinary transactions, and they are not neutral. Clauses on specification changes, plot boundaries, completion dates and defect remedies all need reading properly.


    What we check

    The contract. Plot boundaries against the plan, specification, what the developer may change without your consent, and the long-stop date.

    Warranty cover. NHBC Buildmark or an equivalent from Premier Guarantee, LABC or similar — normally 10 years, with the developer liable for defects in the first two. Your lender will require acceptable cover. We confirm the policy is in place and correct.

    Roads and sewers. Are they adopted, or will they remain private? If private, who maintains them and what will you pay? Where roads are not yet adopted, a bond or agreement should be in place.

    Estate rentcharges and management companies. Increasingly common, including on freehold houses. You may be liable for an annual charge towards communal areas — landscaping, play areas, private roads.

    Check whether the charge is capped or index-linked, and what happens on non-payment. Some rentcharge provisions carry disproportionate remedies. This is one of the most significant and least discussed issues in modern new build purchases, and we look at it carefully.

    Leasehold terms, where applicable. Ground rent, review provisions, lease length, service charge structure, and the managing agent.

    Planning conditions. Occupancy restrictions, affordable housing obligations, or conditions requiring works before occupation.

    Incentives. Deposit contributions, stamp duty paid, upgrades. These must be properly documented and disclosed to your lender — an undisclosed incentive can invalidate your mortgage offer.


    Snagging

    Snags are minor defects on a newly finished property: doors that do not close, poor paintwork, missing seals.

    Arrange an inspection before completion where the developer permits it, or immediately after. A professional snagging survey typically costs £300–£600 and routinely identifies dozens of items.

    Report snags promptly and in writing. Under most warranty schemes the developer is responsible for defects during the initial period, but you need a documented record.

    Completion is normally not conditional on snags being resolved. You will usually have to complete and pursue them afterwards — which is precisely why documenting them properly matters.


    Timescales and fees

    Stage Typical timing
    Reservation to exchange 28 days (developer-imposed)
    Exchange to completion (built) 2–6 weeks
    Exchange to completion (off-plan) Months to years
    Notice to complete 10–14 days
    Service Fee VAT Total
    New build purchase, freehold Fixed Fee — please contact us for a quote Fixed Fee — please contact us for a quote Fixed Fee — please contact us for a quote
    New build purchase, leasehold Fixed Fee — please contact us for a quote Fixed Fee — please contact us for a quote Fixed Fee — please contact us for a quote
    Shared ownership new build Fixed Fee — please contact us for a quote Fixed Fee — please contact us for a quote Fixed Fee — please contact us for a quote

    Plus disbursements, plus SDLT. Full price list


    Frequently asked questions

    Can you meet a 28-day exchange deadline? Yes, provided we are instructed promptly and searches are ordered immediately. Tell us the deadline when you get in touch.

    Is my reservation fee refundable? It depends on the terms. Some developers refund within a short cooling-off period; many do not once that passes. Read the reservation form before signing and send it to us if you are unsure.

    What if the developer goes bust before completion? If you have exchanged but not completed, your deposit should be protected by the warranty provider — check that cover is in place before exchange. If you have not exchanged, you may lose the reservation fee.

    What if the property is not finished on time? This is what the long-stop date is for. Before it, you are generally bound to wait. After it, you can usually withdraw and recover your deposit.

    Can I get out if it does not match the plans? Minor variations are almost always permitted by the contract. Substantial departures may give you rights, depending on the wording. We will explain what the contract allows.

    Do I need a survey on a new build? Not a structural survey in the usual sense, but a professional snagging inspection is strongly worth the cost.

    What is an estate rentcharge? An annual charge on a freehold property towards maintaining communal areas. It is increasingly common on new estates and can rise over time. We check the terms and explain what you are committing to.


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