Buying a home

New build conveyancing

Built around the developer's clock: reservation, the exchange deadline, then completion on notice. One fixed fee, agreed in writing first.

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New build conveyancing is the legal work of buying a home from a developer, usually with a reservation fee, a fixed deadline for exchange of contracts and completion on notice once the home is finished. Property Law Online handles it across England and Wales on one fixed fee, starting the day you reserve.

Why instruct us

  • Fee agreed in writing before we start
  • Covering England and Wales

Who needs new build conveyancing?

Buying new build means working to somebody else's clock. You pay a reservation fee, and the developer typically requires exchange within a set number of days, a timetable that assumes your conveyancer starts immediately and your mortgage broker is already moving. We are built for that.

Buyers reserving a plot
You have paid a reservation fee and the developer's exchange deadline is running. We open the file the same day and work to that date.
Off-plan buyers
The home does not exist yet. The contract, the plans, the long-stop date and the mortgage offer expiry all need reading against each other before you exchange.
First-time buyers using a scheme
Shared ownership, a deposit guarantee scheme or a developer deposit contribution add a scheme lease or a lender disclosure to the checks. See shared ownership conveyancing and Help to Buy for the scheme-specific work. Which schemes are open depends on where you are buying, and the two countries differ: the Help to Buy equity loan is closed to new applicants in England, while Help to Buy Wales remains open with applications to be submitted by 31 March 2027, and shared ownership runs in both (gov.uk and gov.wales, checked 20 September 2026).
Buyers with a home to sell
A developer will rarely wait for a chain. Part exchange, an assisted sale or a bridging loan are the usual answers, and each changes how the two files run. See buying and selling at the same time.
Buyers of a new build flat
A new lease from the developer, a management company for the block, and a ground rent that is a peppercorn where the lease is a long lease of a single dwelling granted for a premium on or after 30 June 2022 (Leasehold Reform (Ground Rent) Act 2022 sections 1, 4 and 7, checked 19 September 2026). A term reserving more takes effect as reserving a peppercorn, with no deed of variation needed. Watch for a plot where contracts were exchanged before that date, because those leases fall outside the Act. Our leasehold conveyancing page covers the extra work.
Not right for
Buying a home that was completed some years ago from a private seller, even on a new estate. That is an ordinary purchase; see buying a home.

What does new build conveyancing include?

One fixed fee covers the purchase from reservation to registration. Where a plot needs something extra, such as a shared ownership lease or a deed of variation to the estate scheme, it is quoted before you instruct, never afterwards.

  • The reservation agreement

    Read before you sign it where possible: what the fee buys, when it is refundable, what the exchange deadline is and what the developer can change about the plot.

  • The developer's title and transfer

    The developer's title to the whole site, the transfer or lease of your plot, the plot plan, the rights and covenants over the estate, and the estate management deed with its charges.

  • Searches, planning and adoption

    Local authority, drainage and environmental searches on the site, the planning permission and its conditions, and the section 38 and section 104 agreements that will see the roads and sewers adopted, with the bond behind them.

  • Warranty and building control

    The structural warranty from NHBC, LABC, Premier or an equivalent, checked to be in place and to cover your plot, and the building control route confirmed.

  • Your lender and any incentives

    We act for your lender, satisfy its new build conditions, and deal with the UK Finance Disclosure Form so that deposit contributions, upgrades or paid fees are declared. The form replaced the older disclosure of incentives form on 21 February 2018, it is the seller who completes it, and it has to reach the lender's conveyancer no later than seven working days before exchange (UK Finance Mortgage Lenders' Handbook, checked 20 September 2026).

  • Exchange, completion on notice and registration

    Exchange inside the deadline, completion within the notice period once the developer certifies the home is ready, the land tax return filed and your title registered at HM Land Registry with the new plot number.

How does new build conveyancing work?

Five stages. The first four run inside the developer's exchange window, so we instruct searches on the day you reserve.

  1. Reservation and instruction

    You pay the reservation fee and the developer's conveyancer issues the contract pack. We open the file, verify your identity and instruct searches the same day.

    Day 1

  2. Investigation

    Title, transfer, estate management deed, planning, adoption agreements, warranty and searches reviewed together, with enquiries raised in one batch rather than in dribs.

    Days 2 to 10

  3. Mortgage offer and report

    Your offer is checked against the plot and the incentives disclosed. We send you a plain-English report on what you are agreeing to buy, including the long-stop date and the completion notice period.

    Days 10 to 20

  4. Exchange within the deadline

    Deposit paid, contracts exchanged. On a completed plot a fixed date is set; off-plan, completion is on notice with a long-stop date as the backstop.

    Days 20 to 28, or the developer's deadline

  5. Completion on notice and registration

    The developer serves notice when the home is complete and you complete within the notice period set by the contract, which the New Homes Quality Code expects to be at least fourteen calendar days. Land tax return filed and your title registered.

    On notice, then HM Land Registry processing

What does my mortgage lender need on a new build?

Lenders treat new build differently. The offer has to survive a build that may overrun, the incentives have to be declared, and the property has to be one the lender is willing to hold as security when it exists only on a plan.

Offer validity
How long an offer lasts is each lender's own term rather than a rule, and the period has to be stated prominently in the offer itself (MCOB 6.4.11R, checked 20 September 2026). Many lenders allow longer on a new build, but an off-plan build can still outrun whatever you have. We record the expiry date on day one, monitor it against the developer's build programme, and arrange a re-issue in good time rather than discovering the problem at completion.
Disclosure of incentives
A deposit contribution, paid stamp duty, upgraded fittings or paid legal fees must be declared on the UK Finance Disclosure Form. The lender may reduce the loan to reflect them, so we get the form completed before the offer is finalised.
Warranty and building control
The lender will require an acceptable structural warranty and a building control completion certificate before it releases funds. We confirm both are in place for your plot, not just the site.
Funds on notice
Because completion is on notice, the mortgage advance has to be requested at short notice. We agree with the lender in advance how quickly it can release funds, and make sure your deposit balance is with us before the notice arrives.

Your lender may charge arrangement, valuation and re-inspection fees, and some charge to re-issue an expired offer. They are set by the lender and appear on its paperwork, not on our quote.

What does new build conveyancing cost?

Property Law Online is not yet taking instructions, so there is no fee to quote today. This section explains how the cost of this work is usually made up.

Every new build purchase is quoted as one fixed fee before you instruct us, in writing, with our fee shown separately from the amounts paid to others on your behalf. Tell us whether the home is built yet and how you are paying for it, and we reply by email. Where the developer offers to pay our fee as an incentive, it is disclosed to your lender like any other.

Usually covered by the professional fee

  • Reservation agreement reviewed
  • Developer's title, plot transfer or lease and estate deed investigated
  • Searches, planning and road and sewer adoption checked
  • Warranty and building control confirmed
  • Acting for your lender and completing the disclosure of incentives form
  • Exchange, completion on notice, land tax return and registration

Paid to others, passed on at cost

  • Search fees, set by the local authority, water company and search providers
  • HM Land Registry fee, set by the HM Land Registry fee order on the purchase price
  • Stamp Duty Land Tax or Land Transaction Tax, where any is payable
  • The developer's engrossment fee and any management company or estate charge set-up fees
  • Bank transfer charges for sending the deposit and completion money

What can add to it: a new build flat with a lease and a management company, a shared ownership or scheme purchase, a part exchange or assisted sale of your current home, or a deed of variation to the estate scheme. Each is quoted before you instruct, never afterwards.

How long does new build conveyancing take?

Exchange within the deadline in the reservation agreement. Where the developer is registered and active with the New Homes Quality Board, that deadline must be at least six weeks after the reservation date, being twenty-eight days plus the fourteen day cooling off period, unless you ask for an earlier one. Completion then depends on the build: a few weeks for a finished plot, many months for off-plan. Neither code requires a long-stop date, so check whether your contract gives you one. HM Land Registry then registers your title; a new plot on a developer's site takes longer to register than a resale because a new title number has to be created, and HM Land Registry's published estimate for registering a new development is completion in ten to twelve months, and up to about thirty where it comes back for further information (estimated completion timeframes, updated 17 June 2026, checked 19 September 2026). That does not hold up your occupation of the house, only the paperwork behind it.

What changes the timescale

  • The developer's exchange deadline and how quickly its conveyancer answers enquiries
  • Whether the home is finished or off-plan, and the build programme
  • When your mortgage offer is issued and how long it stays valid
  • How quickly the local authority returns its search on a site with many plots
  • Whether a scheme lease, part exchange or assisted sale is involved
The stagesExample
  1. Reservation and instruction
  2. Investigation
  3. Mortgage offer and reportIn progress
  4. Exchange within the deadline
  5. Completion on notice and registration
An illustration of how a matter moves through these stages. We tell you when each one is done.

What goes wrong when buying a new build?

  • No long-stop date

    Off-plan, the contract should contain a date by which the developer must finish, after which you can withdraw and recover your deposit. Without one the purchase can drift indefinitely while your offer expires. We advise against exchanging without one and say so in writing.

  • An uncapped estate charge

    Many new estates charge an annual sum for unadopted roads and open spaces through a rentcharge or an estate management company. Some rise without limit, and where the charge is secured by an estate rentcharge the remedies are severe: forty days of arrears, with no demand needed, lets the rentcharge owner take possession and keep the income until everything owed is paid, or grant a lease of the house to a trustee to raise the money (section 121 of the Law of Property Act 1925, checked 20 September 2026). The Leasehold and Freehold Reform Act 2024 removed those remedies only for a regulated rentcharge, and an estate rentcharge is not one, so they survive; the Act's estate management regime at Part 5 is not in force and no commencement date has been appointed. We read the estate deed and tell you the figure, the review mechanism and the remedies, and where the deed does not already cut them down we raise a variation with the developer before you are committed.

  • Roads and sewers never adopted

    Without a section 38 agreement under the Highways Act 1980 and a section 104 agreement under the Water Industry Act 1991, backed by a bond, the residents can be left maintaining the road and the drains. We check both agreements are in place, not merely promised.

  • Snagging confused with completion

    Snagging is a contractual matter with the developer and does not entitle you to delay completion once notice is served. Book an independent snagging inspection before completion where the developer allows access, report defects in writing, and keep the correspondence. The warranty covers defects for the first two years through the developer and structural defects for eight more through the provider, which is the shape all three of the common providers use (NHBC, Premier Guarantee and LABC Warranty policy documents, checked 20 September 2026).

What is completion on notice and how does it work?

On a resale you exchange with a fixed completion date in the contract. On a new build that is not yet finished, you exchange with completion set to happen a fixed number of working days after the developer serves notice that the home is physically and legally complete. The notice period is set by the contract, and where the developer is registered with the New Homes Quality Board the Code expects it usually to be at least fourteen calendar days unless you and the developer agree otherwise. The developer chooses when to serve it. Do not confuse that notice with a notice to complete under the Standard Conditions of Sale, which runs for ten working days with time of the essence and is served only after a party has failed to complete on the contractual date.

That means your money has to be ready before the notice arrives, not after. Your mortgage advance must be requestable at short notice, your deposit balance must already be with us, and your removals and insurance need a flexible start. We tell you what the notice period is before you exchange and keep you updated on the build programme so it does not come as a surprise.

Resale purchaseNew build purchase
ExchangeWhen both sides are readyWithin the developer's deadline from reservation
Completion dateFixed in the contract at exchangeOn notice once the home is finished; long-stop date as backstop
DepositUsually ten per cent on exchangeReservation fee, then the balance of the deposit on exchange
SearchesOn the propertyOn the site, plus planning and adoption agreements
WarrantyNone; survey insteadTen-year structural warranty, checked for your plot
Mortgage offerUsually valid for a fixed periodExtended validity, but can still expire off-plan

Is my reservation fee refundable?

It depends on the reservation agreement, which is why we ask to read it before you sign. Developers signed up to the New Homes Quality Code, or the older Consumer Code for Home Builders, must give you a written agreement that states how long it is valid, how it ends, and what may be deducted from a refund. Under the New Homes Quality Code there is a cooling-off period of at least fourteen days during which cancelling for any reason returns the whole fee, and after it the developer refunds the fee less the deductions the agreement itself sets out, within fourteen days (requirements 2.2, 2.3 and 2.4, checked 20 September 2026). Neither code caps the deduction, so the clause you sign is the one that decides it. A major change to size, appearance or value gives you fourteen days from written notice to cancel and recover everything you have paid.

The practical point is that the deadline is real. If the exchange date passes without exchange, the developer can remarket the plot and keep some or all of the fee. Instruct us on the day you reserve and send the mortgage application the same week.

Do I pay Stamp Duty or Land Transaction Tax on a new build?

Yes, on the same basis as any purchase: Stamp Duty Land Tax in England, charged in bands on the price with first-time buyer relief where you qualify, or Land Transaction Tax in Wales, collected by the Welsh Revenue Authority. The two are not the same: first-time buyer relief exists in England, where there is no tax to 300,000 pounds and none of the relief at all above 500,000 pounds, while Wales has no first-time buyer relief and starts its main residential rates above 225,000 pounds (gov.uk and gov.wales, rates in force from 1 April 2025 and 10 October 2022 respectively, checked 20 September 2026). A developer incentive that pays your tax is still an incentive and must be disclosed to your lender. Where the developer grants a new lease of a flat, a further charge on the rent element can arise only where the ground rent is high enough to matter, which a peppercorn rent is not. Stamp Duty calculator covers the bands.

Frequently asked questions

Can I do my own conveyancing on a new build?

In law you can, for cash. In practice the developer's conveyancer is unlikely to deal with an unrepresented buyer, your lender will insist on a regulated conveyancer, and the exchange deadline leaves no room for learning as you go. The estate deed, the adoption agreements and the warranty are where new build differs from a resale, and where mistakes surface years later.

What documents do I need to buy a new build?

Photo ID and proof of address, the reservation agreement and the developer's brochure or plot specification, bank statements showing where the deposit is coming from, details of any gift towards it, your mortgage broker or lender contact and the offer once issued, and details of any incentive the developer has offered. We send a short checklist the day you reserve.

Do I still need searches on a new build?

Yes. Searches reveal planned development around the site, the drainage adoption position and any contamination history, all of which matter more on a former industrial or greenfield site than on an established street. Your lender will require them, and the developer's own site searches do not replace searches carried out for you.

What happens if the build is delayed?

You wait, unless the long-stop date passes, at which point you can usually rescind the contract and recover your deposit. Delays also put pressure on your mortgage offer, which is why we monitor the expiry date against the build programme and arrange a re-issue in good time. Where a delay is significant, we ask the developer for a revised programme in writing.

Can I pull out if my mortgage offer expires before completion?

Not without losing your deposit, because you are already bound from exchange. The answer is to stop it happening: we record the expiry date on day one, check it against the build programme, and ask the lender to extend or re-issue before it lapses. If the lender will not, a new application may be needed, and the earlier that starts the better.

What is an estate rentcharge?

An annual sum charged on freehold homes on many new estates to pay for maintaining unadopted roads, open spaces and shared facilities, either through a rentcharge on the title or an estate management company you become a member of. We tell you the current figure, how it can rise, and what the owner of the charge can do if it goes unpaid.

Who fixes problems after I move in?

The developer, for the first two years, under the warranty's defects period. After that the warranty provider covers structural defects for the remaining eight years, which is how NHBC Buildmark, Premier Guarantee and LABC Warranty are each built (provider policy documents, checked 20 September 2026), but not cosmetic or minor items. Cover on the shared parts of a block can run differently from cover on a house, so read your own policy rather than the general shape. Report every defect in writing, keep copies, and use the warranty provider's resolution service if the developer does not respond.

What makes new build conveyancing cost more?

A new build flat with a lease and management company, a shared ownership or other scheme purchase, a part exchange or assisted sale of your existing home, or a deed of variation to the estate scheme. Each adds work, and each is quoted before you instruct rather than added at the end.

Sources and further reading

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