✓ New build conveyancing is significantly more complex than buying an existing property
✓ You typically have just 28 days from reservation to exchange contracts — instruct a solicitor immediately
✓ Legal fees are higher than standard conveyancing: £1,500–£2,200 + VAT
✓ Reservation fees of £500–£2,000 are often non-refundable if you miss the exchange deadline
✓ Never use the developer’s recommended solicitor — they work for the developer, not you
✓ Rules and costs differ across England, Wales, Scotland and Northern Ireland
✓ Your age and life stage can significantly affect your mortgage options and legal requirements
The moment you pay a reservation fee on a new build property, a 28-day clock starts ticking. At the end of that period, you are expected to exchange contracts — committing legally and financially to the purchase. If you are not ready, you risk losing your reservation fee and the property itself.
New build conveyancing is not simply a faster version of buying an existing home. It is a fundamentally different legal process, with its own risks, deadlines, and technical requirements. This guide explains exactly what to expect — from the reservation stage through to completion — and why instructing a specialist solicitor from day one is not optional.
Whether you are a first-time buyer using a government scheme, a family trading up and part-exchanging your existing home, or an over-50s buyer planning ahead, this guide is written for your situation.
New build conveyancing is the legal process of transferring ownership of a newly constructed property from the developer to the buyer. Unlike buying an existing home, where the property physically exists and has a legal history, new builds are often purchased off-plan — before construction is complete, sometimes before it has even begun.
This creates a unique set of legal challenges that standard conveyancing solicitors may not encounter in everyday practice. The contract is written by the developer’s own legal team, in the developer’s favour. The completion date is not fixed. The property may change during construction. And the legal checks required extend beyond the individual plot to the entire development.
| Standard Property | New Build | |
|---|---|---|
| Exchange deadline | 8–12 weeks typical | 28 days from reservation |
| Property exists at exchange | Always | Often not yet built |
| Contract prepared by | Seller's solicitor | Developer's solicitor (pro-developer) |
| Planning checks | Basic | Entire development scope |
| Structural warranty | Not required | NHBC or equivalent mandatory |
| Completion date | Fixed at exchange | 'On notice' — can change |
| Mortgage validity risk | Low | High — delays common |
| Legal fees | £1,200–£1,800 + VAT | £1,500–£2,200 + VAT |
[Infographic Needed: Can you sell before probate? — YES / NO / MAYBE 3-state visual]
The new build conveyancing process follows a defined sequence, but unlike buying an existing home, each stage carries specific risks that require proactive legal management. Here is what happens at each step.
When you agree to purchase a new build, you will typically be asked to pay a reservation fee — usually between £500 and £2,000 — to secure the property for a fixed period, most commonly 28 days. At the end of this period, you are expected to exchange contracts.
The reservation fee is generally non-refundable if you fail to exchange within the agreed timeframe. However, under the New Homes Quality Code, you are entitled to a 14-day cooling-off period from the date of reservation, during which you can withdraw and receive a full refund.
📋 Fact-Checked: The New Homes Quality Code 2023 requires developers to provide a written reservation agreement including the reservation fee amount, the agreed purchase price, cancellation rights, and confirmation of the 14-day cooling-off period. Source: New Homes Quality Board, GOV.UK
Before paying any reservation fee, ask to see full specification details, landscape drawings, electrical plans and — critically — details of any estate management fees that will apply after completion.
⚠️ Do not visit a show home without first consulting a solicitor. The reservation pressure from developer sales staff can be intense, particularly near financial year-end. A specialist solicitor protects you from committing before you understand what you are signing
The single most important decision you will make is who acts as your conveyancing solicitor — and the most important timing decision is to instruct them immediately after reservation, not after.
Developers will often recommend their own panel of solicitors or offer financial incentives to use them. These firms may process high volumes of transactions efficiently, but their primary relationship is with the developer — not with you. An independent specialist solicitor owes their duty entirely to you.
A specialist new build solicitor will review the contract critically, identify unfavourable clauses, negotiate on your behalf, and ensure your deposit is protected throughout.
💬 Just reserved a new build? Contact NPS Law today — our specialist new build solicitors are ready to start immediately. Fixed fees, no hidden costs, and full independence from your developer.
The developer’s solicitor will send a contract package to your solicitor. This is typically a lengthy document drafted entirely to protect the developer’s interests. Key areas your solicitor will scrutinise and, where necessary, negotiate include:
📋 Fact-Checked: The Building Safety Act 2022 introduced new protections for new build buyers, including requirements around building safety information and the establishment of the New Homes Ombudsman. Source: Legislation.gov.uk, Building Safety Act 2022.
In addition to the standard local authority searches, your solicitor must carry out a wider range of investigations specific to new build developments:
[Infographic Needed: New build legal checklist — what your solicitor investigates]
Once all searches are satisfactory and contract negotiations are concluded, you exchange contracts. At this point you pay a deposit — typically 10% of the purchase price, though some developers accept 5%.
Exchange makes the purchase legally binding. If you withdraw after exchange, you forfeit your deposit and may face further financial liability.
⚠️ Mortgage offer validity is a critical risk at new build exchange. Most mortgage offers are valid for 6 months. If build delays push completion beyond your offer expiry date, you may need to reapply — potentially at a less favourable rate, or with a different lender. Always check that the long-stop date in your contract falls before your mortgage offer expires.
Unlike buying an existing property where completion is set at exchange, new build completions happen ‘on notice’. This means the developer notifies you — usually 10 working days in advance — when the property is ready for handover. You must be in a position to complete within that window.
This makes forward planning essential: your mortgage lender must be notified, your removal arrangements must be flexible, and your solicitor must be ready to act at short notice.
Before legal completion, you have the right under the New Homes Quality Code to commission an independent pre-completion inspection. This is strongly recommended. Your own inspector will compile a comprehensive snagging list — covering everything from cosmetic defects to structural issues — which the developer is required to address before you move in.
Do not rely on the developer’s own inspection. It is not in their interests to find defects.
At completion, ensure you receive: all keys, building log books and owner’s manuals, NHBC warranty documentation, and guarantees for all white goods and installed systems.
[Infographic Needed: New build legal checklist — what your solicitor investigates]
This is one of the most frequently asked questions — and the answer is yes, in two important ways. First, the legal jurisdiction that governs your purchase depends on where the property is located. Second, the cost of instructing a solicitor varies significantly by region.
The process described throughout this guide applies to England and Wales. However, solicitor fees vary considerably depending on location — and this is where many buyers can save money by instructing a specialist firm that operates remotely.
| Region | Typical Solicitor Fees (New Build) | Notes |
|---|---|---|
| London (Central) | £1,900–£2,500 + VAT | Highest market rates |
| South East | £1,700–£2,200 + VAT | High demand area |
| East of England | £1,600–£2,000 + VAT | Growing new build market |
| Birmingham / West Midlands | £1,500–£1,900 + VAT | Competitive market |
| Manchester / North West | £1,400–£1,800 + VAT | Strong new build activity |
| Yorkshire / North East | £1,300–£1,700 + VAT | More affordable rates |
| Wales | £1,300–£1,600 + VAT | Welsh language reqs may apply |
| South West / Rural England | £1,200–£1,600 + VAT | Online firms often best value |
Important: You are not required to instruct a solicitor based in the same area as your property. A specialist new build solicitor in a lower-cost region can handle your purchase anywhere in England and Wales — often at a significantly lower fee than a local London firm.
If you are buying a new build in Scotland, the process is entirely different. Scotland operates under Scots Law, which has its own property purchase system.
In Scotland, there is no reservation period followed by exchange. Instead, the purchase is concluded through Missives — a formal exchange of letters between solicitors that creates a binding contract. The system is generally considered more protective of buyers, as it is harder for either party to withdraw once Missives are concluded.
You must instruct a Scottish-qualified solicitor to purchase property in Scotland. An England and Wales solicitor cannot act for you
📋 Fact-Checked: Property law in Scotland is governed by the Requirements of Writing (Scotland) Act 1995 and the Land Registration etc. (Scotland) Act 2012. Source: Legislation.gov.uk.
At NPS Law, we specialise in England and Wales conveyancing. If you are purchasing in Scotland, we can refer you to a trusted Scottish colleague.
Northern Ireland operates under a separate legal system that broadly resembles English law but has important differences, particularly in land registration and title investigation. Property is registered with Land & Property Services NI rather than HM Land Registry.
If you are purchasing a new build in Northern Ireland, you must instruct a solicitor admitted to the Law Society of Northern Ireland.
[Infographic Needed: UK map — which legal jurisdiction governs your new build purchase?]
The legal process of new build conveyancing is the same for everyone — but your personal circumstances can significantly affect your mortgage options, the government schemes available to you, and the legal complexity involved. Here is what matters most at each life stage.
First-time buyers make up the largest group of new build purchasers, and developers actively target this market. New builds are attractive because they come with warranties, require no immediate renovation, and are often eligible for government assistance schemes.
However, this is also the group most likely to be unfamiliar with the legal process — and therefore most exposed to risk.
📋 Fact-Checked: First Homes Scheme eligibility criteria are set by DLUHC (Department for Levelling Up, Housing and Communities). The restriction on title means First Homes properties can only be sold to eligible buyers in future. Source: GOV.UK — ‘First Homes scheme’.
💬 First-time buyer? Contact Us: NPS Law handles all government scheme administration — Lifetime ISA coordination, First Homes documentation, and Stamp Duty returns — as part of our fixed-fee new build service. No surprises, no extra charges.
If you already own a home, buying a new build involves coordinating two legal transactions simultaneously — the sale of your existing property and the purchase of the new build. This is considerably more complex than either transaction in isolation.
Many developers offer part-exchange schemes, where they buy your existing home directly, removing the need to sell on the open market. This sounds convenient — but the price offered is typically below market value, and the legal terms can be unfavourable. Your solicitor should review the part-exchange agreement carefully before you accept.
New build properties are increasingly popular with older buyers downsizing or purchasing retirement developments. However, this group faces specific legal and financial considerations that younger buyers do not.
Mortgage age limits represent the most significant risk. Most high-street lenders set a maximum age at the end of the mortgage term — typically between 70 and 75. If a new build development experiences construction delays of 6 to 12 months (which is common), a buyer who was within the lender’s age limits at the time of reservation may no longer qualify by the time the property is ready.
⚠️ If you are over 55 and taking a repayment mortgage, always check the maximum age limit of your lender explicitly — and factor in a potential 12-month build delay when calculating whether your mortgage offer will still be valid at completion.
Cash buyers are not affected by mortgage age limits, but the conveyancing process is otherwise identical. For cash buyers, source of funds verification is a key requirement under anti-money laundering regulations.
At NPS Law, our Wills & Probate team works alongside our conveyancing solicitors — so if you want to update your estate planning at the same time as your purchase, we can coordinate both.
[Infographic Needed: Which life stage are you? — new build guide personalised by situation]
New build conveyancing costs more than buying an existing property. This is because the legal work involved is genuinely more complex: there are additional contract negotiations, wider searches, government scheme administration, and closer coordination with mortgage lenders.
The table below sets out the full range of costs you should budget for:
| Cost Element | New Build | Standard Property |
|---|---|---|
| Solicitor legal fees | £1,500–£2,200 + VAT | £1,200–£1,800 + VAT |
| Reservation fee (non-refundable) | £500–£2,000 | N/A |
| Property searches | £300–£500 | £250–£400 |
| Land Registry fee | £200–£500 | £200–£500 |
| Stamp Duty (first-time buyer) | £0 on first £425,000 | £0 on first £425,000 |
| Stamp Duty (subsequent purchase) | Variable — 2% to 12% | Variable — 2% to 12% |
| NHBC warranty registration | Usually included in fees | N/A |
| Pre-completion snagging survey | £320–£600 (strongly recommended) | N/A |
| First Homes / Lifetime ISA admin | Included at NPS Law | N/A |
Important: Always request a written, itemised quote from any solicitor before instructing. Ask specifically whether government scheme administration (Lifetime ISA, First Homes) is included in the quoted fee or charged separately.
💬 Want a clear, fixed-fee quote for your new build purchase? Contact Us, NPS Law provides itemised quotes within 24 hours — inclusive of all standard disbursements and government scheme administration. No hidden charges.
This is the most important section of this guide.
When you buy a new build, the developer’s sales team will often recommend — and sometimes actively pressure you to use — their own panel of solicitors. They may offer financial incentives: a contribution to legal fees, cashback, or upgraded fixtures. These offers can appear attractive. They are not in your interests.
A solicitor on the developer’s panel processes hundreds of transactions for that developer each year. Their commercial relationship is with the developer. Even if they are technically acting for you, they are unlikely to push back hard on unfavourable contract terms, negotiate aggressively on the long-stop date, or flag concerns that might slow the transaction.
An independent solicitor — one you choose yourself, with no commercial relationship with the developer — owes their duty entirely to you. The difference in outcomes can be significant:
| Situation | Developer Panel Solicitor | Independent Specialist |
|---|---|---|
| Unfair contract clause identified | May advise acceptance | Negotiates removal or amendment |
| Build delay threatens mortgage expiry | May not proactively advise | Flags risk early, advises on options |
| Estate management fees undisclosed | May not investigate | Requires full disclosure |
| Long-stop date too close to mortgage expiry | May not negotiate | Pushes for extended long-stop date |
| Deposit protection unclear | May not question | Confirms NHBC protection in writing |
📋 Fact-Checked: The Solicitors Regulation Authority (SRA) Code of Conduct requires solicitors to act in clients’ best interests and avoid conflicts of interest. Using a developer’s panel solicitor does not automatically constitute a conflict — but the commercial relationship creates inherent pressure. Source: SRA Code of Conduct 2019
Build delays of 3 to 6 months are common. Delays of 12 months or more are not unusual. Most mortgage offers are valid for only 6 months. If your property is not ready before your offer expires, you will need to reapply — potentially at a higher rate or with a different lender.
How a specialist helps: Your solicitor ensures the long-stop date in the contract falls within your mortgage offer validity period. They will also advise you to choose a lender with a new build mortgage product that offers a longer validity window.
The 28-day window is tight. If searches are delayed, mortgage valuation takes longer than expected, or your solicitor is slow to act, you may miss the deadline — losing your reservation fee and potentially the property.
How a specialist helps: A dedicated new build solicitor prioritises your matter from day one. At NPS Law, we begin work on your file immediately upon instruction.
Developer contracts routinely include clauses that a non-specialist might miss: broad variation rights allowing the developer to change specifications; penalty clauses for late completion by the buyer; vague definitions of what ‘completion’ means.
How a specialist helps: An experienced new build solicitor reads every clause and negotiates amendments where required.
Once you complete and the keys are handed over, your legal leverage over the developer diminishes significantly. Defects identified after completion can take months or years to resolve.
How a specialist helps: Your solicitor will advise you to commission an independent pre-completion inspection under the New Homes Quality Code, ensuring defects are addressed before you become the legal owner.
Many new build developments — particularly those with shared gardens, private roads, or communal facilities — are subject to ongoing estate management charges. These are not always prominently disclosed at the point of sale, and they can run to several hundred pounds per year.
How a specialist helps: Your solicitor will specifically investigate and disclose all ongoing charges before you exchange. You will know exactly what you are committing to.
[Infographic Needed: Which life stage are you? — new build guide personalised by situation]
Buying a new build is one of the most significant financial commitments you will make. The legal process is complex, the timelines are tight, and the risks of using an inexperienced or developer-aligned solicitor are real.
At NPS Law, our specialist new build conveyancing team has extensive experience across all types of new build purchase — from first-time buyers using government schemes to experienced investors completing off-plan. We act for you, and only for you.
📞 Ready to instruct? Contact NPS Law today for a free initial consultation and a fixed-fee quote within 24 hours. Protect your reservation, protect your deposit, and purchase with confidence.
No. Developers often recommend or financially incentivise buyers to use their panel solicitors, but you are under no legal obligation to do so. The developer’s panel solicitor has a commercial relationship with the developer — an independent solicitor owes their duty entirely to you. Always choose your own solicitor.
The legal process from reservation to exchange typically needs to be completed within 28 days. Completion then depends on when the property is ready — which can range from a few weeks to 12 months or more for off-plan purchases. Total time from reservation to moving in is typically 3 to 18 months depending on the stage of construction.
A long-stop date is the latest date by which the developer must complete construction and hand over the property. If the developer fails to complete by this date, you are entitled to withdraw from the purchase and recover your full deposit. Your solicitor should ensure a long-stop date is written into your contract — and that it falls before your mortgage offer expires.
Yes. If you fail to exchange contracts within the reservation period (usually 28 days), the reservation fee is typically non-refundable. However, under the New Homes Quality Code, you have a 14-day cooling-off period from the date of reservation during which you can withdraw and receive a full refund. After this period, the standard terms of the reservation agreement apply.
Unlike buying an existing property, where the completion date is fixed at exchange, new build completions happen ‘on notice’. This means the developer notifies you — usually with 10 working days’ notice — when the property is ready. You must be in a position to complete within that window, with your mortgage funds arranged and removal plans flexible.
First-time buyers pay no Stamp Duty Land Tax on the first £425,000 of a property’s purchase price (as at 2025/26 rates). For properties priced above £425,000 and up to £625,000, first-time buyers pay 5% on the portion above £425,000. Properties above £625,000 do not qualify for first-time buyer relief. Your solicitor calculates and submits the SDLT return.
A snagging survey is an independent inspection of a new build property that identifies defects — from cosmetic issues such as paintwork to structural problems. Under the New Homes Quality Code, you have the right to commission an independent pre-completion inspection before you legally complete. This is strongly recommended. Once you have completed and taken ownership, your leverage to require the developer to fix defects decreases significantly.
This article is for general informational purposes only and does not constitute formal legal advice. The law described applies to England and Wales unless otherwise stated. For advice specific to your circumstances, please consult a qualified solicitor.
The following primary sources were consulted in the preparation of this article:
©️ Copyright 2026 NPS Law is a trading name for NPS Law LLP. Solicitors of England and Wales. Authorised and Regulated by the Solicitors Regulation Authority. SRA Number 570169. A list of all Partners is available on the SRA directory for this firm.
