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New Build Conveyancing: The Complete Stage-by-Stage Process, What Searches Are Done, How Long It Takes, What It Costs, and How It Differs from Buying a Resale Home

New Build Conveyancing: The Complete Stage-by-Stage Process, What Searches Are Done, How Long It Takes, What It Costs, and How It Differs from Buying a Resale Home
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What Is New Build Conveyancing?

Conveyancing is the legal process of transferring ownership of property from seller to buyer. For new builds, the seller is typically a developer or housing association rather than an individual homeowner.

New build conveyancing involves the same fundamental steps as resale conveyancing — contract review, searches, exchange, completion, and registration — but with additional layers of complexity specific to newly constructed properties.

How New Build Conveyancing Differs from Resale

AspectResale PurchaseNew Build Purchase
Contract drafterSeller's solicitor drafts from standard formDeveloper's solicitor uses their own standard contract — heavily weighted in developer's favour
Negotiation powerBoth parties negotiate termsDeveloper rarely agrees to amend contract clauses — take it or leave it approach common
Property conditionYou inspect the existing propertyProperty may be unbuilt, partially built, or just completed — you may be buying off plan
Title historyExisting title with chain of ownershipFirst registration from developer's master title — new individual title created
SearchesStandard packageAdditional mining/contamination searches often needed on former industrial or agricultural land
PlanningUsually settledMay be subject to ongoing planning conditions, Section 106 agreements, and infrastructure obligations
Roads and sewersUsually adoptedOften unadopted — need Section 38 (roads) and Section 104 (sewers) agreements checked
WarrantyRemaining warranty if under 10 years old, otherwise noneNew 10-year structural warranty (NHBC Buildmark, Premier Guarantee, or LABC)
TenureUsually freehold for housesMay be leasehold even for houses (though less common since 2022 ground rent reforms)
Completion timingAgreed between parties, typically 4–12 weeks after exchangeDeveloper dictates — may require exchange months before completion, with 14 days' notice of completion date
Deposit structureUsually 10% on exchangeReservation fee (£500–£2,000) plus deposit on exchange — deposit may be 5–10%
Mortgage offerValid 6 months from offerMay need extending if build delayed — re-valuation sometimes required

Before You Instruct a Solicitor

Most buyers reserve a new build before appointing a solicitor. Here is what typically happens first.

The Reservation Process

StepWhat HappensKey Points
1. Choose your plotSelect property from developer's availabilityGet the plot number, house type, and any extras/upgrades in writing
2. Pay reservation feeTypically £500–£2,000 (sometimes more for premium developments)Usually non-refundable or partly refundable — check the reservation agreement carefully
3. Sign reservation agreementCommits you and the developer for a fixed period (usually 28 days)This is NOT the exchange of contracts — it is a preliminary commitment
4. Provide solicitor detailsDeveloper needs your solicitor's name and contactDeveloper's solicitor sends the contract pack to your solicitor
5. Apply for mortgageIf not already done, submit full mortgage applicationLender may require the property to be at a certain build stage before valuing

Consumer Code Requirements

Under the Consumer Code for Home Builders (2024 edition), the developer must:

RequirementWhat It Means for You
Provide pre-purchase informationWritten details of the property, price, tenure, management arrangements, and any restrictions before you reserve
Give adequate timeYou must not be pressured into reserving — adequate time to consider and take professional advice
Reservation agreement clarityThe agreement must clearly state what happens to your reservation fee if the sale does not proceed
Recommend independent legal adviceThe developer must advise you to appoint your own independent solicitor

Stage-by-Stage Conveyancing Process

Once you have reserved and instructed a solicitor, the conveyancing process follows these stages.

Stage 1: Instruction and Contract Pack (Week 1–2)

TaskWho Does ItDetail
You instruct your solicitorYouProvide ID, proof of address, proof of funds (anti-money-laundering checks). Pay any upfront fees if required
Developer's solicitor sends contract packDeveloper's solicitorIncludes draft contract, title information, plan, lease (if leasehold), warranty details, management company info
Your solicitor reviews the packYour solicitorChecks contract terms, title, plan, and raises initial enquiries (questions) with the developer's solicitor

Stage 2: Searches (Week 2–6)

Your solicitor orders property searches to check for issues that could affect the property or your use of it.

SearchWhat It ChecksTypical CostTurnaround
Local authority searchPlanning history, building control, road schemes, tree preservation orders, conservation areas, smoke control zones£100–£3001–6 weeks (varies by council)
Drainage and water searchConnection to public sewers, water mains location, whether property is built over a sewer, flood risk from water infrastructure£40–£803–5 working days
Environmental searchContaminated land, landfill sites, industrial use history, flood risk, ground stability, radon£30–£6024–48 hours
Mining searchCoal mining activity (past and planned), subsidence risk, mine entries£40–£552–10 working days
Chancel repair liability searchWhether the property is in a parish where owners may be liable for church repairs£20–£3024 hours
Title search (Land Registry)Developer's ownership of the land, any charges, restrictions, or rights over the land£3–£7Immediate (online)
Flood risk searchRisk of flooding from rivers, sea, surface water, and groundwaterIncluded in environmental or £20–£40 separate24–48 hours
HS2/Crossrail searchWhether the property is affected by major infrastructure projects (if applicable)£0–£2024–48 hours

Total search costs: Typically £250–£500 depending on location and which searches are required.

New build specific note: Your solicitor may order additional searches if the land was previously used for mining, industrial purposes, or agriculture. Former MOD land, hospital sites, and school sites also warrant extra checks.

Stage 3: Enquiries and Title Investigation (Week 2–8)

TaskWhat Your Solicitor Does
Raise pre-contract enquiriesSends detailed questions to the developer's solicitor about the property, boundaries, disputes, services, planning conditions, and construction
Review titleChecks the developer owns the land, identifies any charges or restrictions, and reviews the title plan to ensure your plot boundaries are correct
Check planning permissionConfirms full planning permission is in place, reviews any conditions (e.g., landscaping, parking), and checks for Section 106 obligations
Review Section 38/104 agreementsChecks whether roads will be adopted by the council (Section 38 of the Highways Act) and sewers by the water company (Section 104 of the Water Industry Act)
Check building regulationsConfirms the property is being built in compliance with Building Regulations and that a completion certificate will be issued
Review warranty documentationChecks which warranty provider covers the property (NHBC, Premier Guarantee, LABC), confirms it is in place, and reviews coverage terms
Check management arrangementsIf there are communal areas, reviews the management company structure, service charge estimates, and your obligations as a member
Review lease (if leasehold)Checks lease length, ground rent (should be peppercorn for new leases post-June 2022), service charges, restrictions, and forfeiture provisions

Stage 4: Mortgage Offer and Lender Requirements (Week 3–8)

TaskDetail
Mortgage valuationLender instructs a surveyor to value the property — for off-plan purchases, this may be a desktop valuation or delayed until the property reaches a certain build stage
Mortgage offer issuedLender issues a formal mortgage offer — typically valid for 6 months from date of offer
Solicitor reviews offerYour solicitor checks the mortgage conditions, including any special conditions for new builds (e.g., warranty requirement, builder's deposit protection)
UK Finance Handbook complianceYour solicitor must comply with the UK Finance Mortgage Lenders' Handbook — this includes specific requirements for new build properties that your solicitor must certify
Lender new build requirementsSome lenders require: minimum lease length (usually 85+ years remaining), acceptable warranty provider, no adverse environmental search results, roads/sewers adoption agreements in place

Important: If the build is delayed and your mortgage offer expires, you will need to reapply. This may trigger a new valuation at current market rates, which could be higher or lower than the original valuation.

Stage 5: Pre-Exchange (Week 6–12)

TaskDetail
Solicitor reports to youYour solicitor provides a detailed report on the property covering title, searches, contract terms, lease (if applicable), and any issues raised. This is your opportunity to ask questions before committing
Sign contractYou sign the contract and any associated documents (transfer deed, mortgage deed). For leasehold, you also sign the lease
Transfer depositYou send the exchange deposit to your solicitor (usually 10% of purchase price minus any reservation fee already paid). Some developers accept 5% on exchange
Deposit protection checkYour solicitor confirms how the deposit is held — should be in a stakeholder account (protected) rather than released to the developer immediately. If the developer insists on deposit release on exchange, your solicitor should explain the risks

Stage 6: Exchange of Contracts

What HappensLegal Effect
Solicitors exchange contracts by phoneBoth parties are now legally bound — neither can withdraw without paying compensation
Completion date agreed or mechanism setFor completed properties: specific date set (usually 2–4 weeks). For under-construction: developer gives notice when ready (typically 14 days' or 10 working days' notice)
Deposit transferredYour deposit is sent to the developer's solicitor (or held as stakeholder if agreed)
Buildings insurance consideredFor new builds, the developer usually maintains insurance until completion — but check the contract

Critical point: Once you exchange, you are committed. If you withdraw, you lose your deposit and may be sued for damages. For off-plan purchases, exchange may happen months or even a year before the property is ready. Make sure you are certain before exchanging.

Stage 7: Between Exchange and Completion

TaskDetail
Monitor build progressDeveloper should keep you updated on construction. You may be able to visit the site at certain milestones
Mortgage offer validityIf completion is months away, monitor your mortgage offer expiry date and request an extension if needed (usually possible up to 3 months)
Prepare for completionArrange removal company, redirect mail, notify utility providers, set up council tax
Receive notice of completionDeveloper's solicitor sends notice to your solicitor confirming the completion date (usually 10–14 days' notice)
Pre-completion inspectionYou inspect the property before completion to check for snagging issues — this is your right under the Consumer Code
Final financial statementYour solicitor prepares a completion statement showing exactly how much money is needed and from where (mortgage advance + your contribution)

Stage 8: Completion Day

TimeWhat Happens
MorningYour solicitor requests the mortgage advance from your lender (if not already received). You transfer any remaining balance to your solicitor
Mid-morningYour solicitor sends the purchase funds to the developer's solicitor via CHAPS bank transfer
AfternoonDeveloper's solicitor confirms receipt. Keys are released — usually collected from the site sales office
Same dayYour solicitor files a Stamp Duty Land Tax (SDLT) return with HMRC (or LTT in Wales / LBTT in Scotland)

For a detailed hour-by-hour guide to completion day, see our completion day guide.

Stage 9: Post-Completion (Week 1–12 After Completion)

TaskWho Does ItDeadline
Pay Stamp DutyYour solicitorWithin 14 days of completion (SDLT in England). Different deadlines for LBTT (Scotland) and LTT (Wales)
Register ownership at Land RegistryYour solicitorPriority period of 30 working days from search, but registration can take 1–6 months depending on Land Registry backlog
Register mortgageYour solicitorFiled alongside ownership registration
Send you title deedsYour solicitorOnce registration is complete, your solicitor sends confirmation and the title information document
Transfer warrantyDeveloper/warranty providerNHBC Buildmark or equivalent policy documentation sent to you — check you receive this
Confirm management company membershipYour solicitor/management companyIf applicable, confirm you are registered as a member of the estate management company

Typical Conveyancing Timeline

New build conveyancing typically takes longer than resale, especially if the property is still under construction.

ScenarioInstruction to ExchangeExchange to CompletionTotal
Completed new build (ready to move in)6–10 weeks2–4 weeks8–14 weeks
Nearly complete (within 3 months)6–10 weeksDeveloper gives 14 days' notice8–14 weeks plus build time
Off-plan (6–12 months from completion)6–10 weeks6–12+ months after exchange8–14+ months
Off-plan (12–24 months from completion)6–10 weeks12–24 months after exchange14–26+ months

What Causes Delays?

Delay CauseTypical ImpactHow to Minimise
Slow local authority searches1–6 weeks extraSome solicitors offer personal search alternatives that are faster (3–5 days) — check your lender accepts these
Developer's solicitor slow to reply1–4 weeks extraYour solicitor should chase regularly. Escalate through the sales office if needed
Mortgage offer delays2–4 weeks extraSubmit full application with all documentation as early as possible. Use a broker to manage the process
Title issues on developer's landVariableCommon with phased developments where the master title has restrictions. Your solicitor investigates
Missing warranty documentation1–2 weeksYour solicitor requests evidence of warranty cover before exchange
Build delays (off-plan)Weeks to monthsBuild in contingency time. Check the longstop date in your contract for your withdrawal rights
Anti-money-laundering checks1–2 weeksProvide ID and proof of funds to your solicitor immediately when instructing them

Full Conveyancing Cost Breakdown

New build conveyancing costs more than resale conveyancing because of the additional complexity and documentation involved.

Solicitor's Fees

Fee ComponentTypical RangeNotes
Basic conveyancing fee£850–£1,800Higher end for leasehold, off-plan, or complex developments
New build supplement£150–£350Additional charge for the extra work involved in new build transactions
Leasehold supplement£200–£400If your property is leasehold (flats, some houses)
Help to Buy supplement£150–£300If using a government equity loan scheme (Shared Ownership, First Homes)
Bank transfer fees£30–£50 per transferUsually 2–3 transfers (deposit, completion, SDLT payment)
ID verification£5–£20 per personElectronic identity checks

Disbursements (Third-Party Costs)

DisbursementCost
Property searches (full package)£250–£500
Land Registry search£3–£7
Land Registry registration fee£100–£500 (depending on purchase price)
Bankruptcy search (per buyer)£2
Land Registry office copies£3–£12
Stamp Duty Land Tax filingUsually included in solicitor's fee

Total Conveyancing Costs by Property Price

Property PriceFreeholdLeasehold
£200,000£1,350–£2,200£1,650–£2,800
£300,000£1,450–£2,400£1,750–£3,000
£400,000£1,550–£2,600£1,900–£3,300
£500,000£1,700–£2,900£2,100–£3,600

For a full breakdown of all buying costs including stamp duty and mortgage fees, see our new build moving costs guide.

Leasehold vs Freehold Conveyancing

New build flats are almost always leasehold. New build houses are usually freehold, but some developments still sell houses on long leases.

Additional Leasehold Conveyancing Steps

StepWhat Your Solicitor Checks
Lease lengthShould be 125 years or more for a new lease — most lenders require at least 85 years remaining. New build leases are typically 125 or 999 years
Ground rentFor new leases granted after 30 June 2022, ground rent must be a peppercorn (effectively zero) under the Leasehold Reform (Ground Rent) Act 2022. Anything else is unlawful for new leases
Service chargesReview estimated service charges, what they cover, how they are calculated, and rights to challenge
Management companyWho manages the building/estate? Is it a residents' management company (good) or a third-party management company appointed by the developer (check terms carefully)
Estate rent chargesSome freehold houses on estates have rent charges for estate maintenance — your solicitor checks the amount and escalation terms
Restrictive covenantsLease may restrict alterations, pets, subletting, business use, and more — your solicitor highlights these
Forfeiture provisionsChecks the conditions under which the freeholder could theoretically forfeit (take back) the lease — serious but rare in practice
Insurance arrangementsWho insures the building? What is the insurance rent? Can you see the policy?

Freehold with Estate Management

Even freehold new build houses often come with estate management obligations. Your solicitor checks:

CheckWhy It Matters
Transfer deed covenantsYou may be required to contribute to estate maintenance (roads, landscaping, play areas) even as a freeholder
Estate rent chargeAn annual charge for estate upkeep — can be £100–£500+ per year and may increase
Management company membershipYou become a member of the management company and are bound by its rules
Adoption timelineIf roads and open spaces are eventually adopted by the council, estate charges should reduce — but adoption can take years

What Your Solicitor Reports to You

Before exchange, your solicitor provides a detailed report covering everything they have found. This report should address:

Report SectionWhat It Covers
Title summaryWho owns the land, any charges or restrictions, boundary details, rights of way
Search resultsSummary of all search results and any concerns flagged
PlanningPlanning permission status, conditions, Section 106 obligations
Roads and sewersAdoption status and agreements in place
Contract summaryKey terms of the contract including completion arrangements, deposit, and any unusual clauses
WarrantyWarranty provider, coverage, and any issues
Lease summary (if leasehold)Lease length, ground rent, service charges, restrictions, management arrangements
Financial summaryBreakdown of all costs — purchase price, stamp duty, solicitor's fees, disbursements, and total amount needed
Matters to noteAnything unusual, concerning, or that requires your attention or decision

Read this report carefully. It is your solicitor's professional assessment of the transaction. If anything concerns you, ask questions before exchanging contracts.

UK Finance Mortgage Lenders' Handbook Requirements

Your solicitor acts for both you and your mortgage lender. The UK Finance Mortgage Lenders' Handbook sets out what your solicitor must check and certify to the lender. Key new build requirements include:

RequirementDetail
Acceptable warrantyThe property must have a new home warranty from an approved provider (NHBC, Premier Guarantee, LABC, Checkmate, Global Home Warranties, ICW, Ark, Protek, BLP, BRCC, or others on the lender's approved list)
Builder registrationThe builder must be registered with the warranty provider
Road adoptionLender may require Section 38/104 agreements to be in place, or may accept solicitor's confirmation that adoption is planned
Incentives disclosureAll incentives (cashback, stamp duty paid, upgrades, deposit contribution) must be disclosed to the lender. Incentives above 5% of purchase price may reduce the loan amount
Lease requirementsMinimum lease length (usually 85 years at completion), acceptable ground rent provisions, no onerous terms
New build priceLender relies on the surveyor's valuation — if the valuation is lower than the price, you may need to fund the difference or renegotiate

For more on how developer incentives affect your mortgage, see our moving costs guide.

Scotland and Wales: Key Differences

Conveyancing in Scotland and Wales follows different rules in some areas.

Scotland

DifferenceDetail
Solicitors handle everythingIn Scotland, solicitors act as both estate agent and legal adviser — but for new builds, the developer has their own sales team
Missives instead of exchangeThe Scottish equivalent of exchange is 'conclusion of missives' — a series of formal letters between solicitors
LBTT instead of SDLTLand and Buildings Transaction Tax applies. Nil-rate band is £145,000 (£175,000 for first-time buyers). Additional dwelling supplement is 8%
Registers of ScotlandRegistration is with Registers of Scotland rather than HM Land Registry
No leasehold for housesLong residential leases for houses were abolished in Scotland — new build houses are always freehold ('heritable')

Wales

DifferenceDetail
Land Transaction TaxLTT instead of SDLT. Nil-rate band £225,000. Higher rate surcharge is 4% for additional properties
Renting Homes (Wales) Act 2016Different framework for rental and some shared ownership arrangements
Welsh languageSome legal documents may be bilingual
Same Land RegistryWales uses HM Land Registry (same as England)

Choosing the Right Conveyancing Solicitor

Not all solicitors handle new build conveyancing regularly. Key factors when choosing:

FactorWhat to Look For
New build experienceAsk how many new build transactions they handle per year — ideally at least 20–30
CQS accreditationThe Law Society's Conveyancing Quality Scheme — demonstrates competence and compliance. Many lenders require this
Panel membershipYour solicitor must be on your mortgage lender's panel to act for both you and the lender
Fee transparencyGet a full quote including all disbursements, VAT, and potential additional charges before instructing
CommunicationAsk who your day-to-day contact will be, response times, and whether they provide online case tracking
Developer panel cautionDevelopers often recommend solicitors who are quick and easy to work with — from the developer's perspective. This does not mean they are the best choice for you

For a detailed guide on selecting and working with a solicitor, see our choosing a solicitor guide. For understanding why specialist advice matters, see our guide to why you need a new build solicitor.

Common Conveyancing Problems and How to Handle Them

ProblemWhat HappensSolution
Developer won't amend contractDeveloper's standard contract contains clauses your solicitor is unhappy with but refuses to changeYour solicitor can note objections formally and advise you on the risks. In practice, most developers refuse amendments — but your solicitor should ensure you understand what you are agreeing to
Valuation is below purchase priceMortgage lender will only lend based on the lower valuationYou can negotiate with the developer to reduce the price, fund the shortfall yourself, or withdraw if you cannot afford the difference
Mortgage offer expires before completionYour offer lapses and you need to reapplyRequest an extension from your lender (usually possible for up to 3 months). If a new application is needed, rates may have changed
Searches reveal issuesContaminated land, flood risk, or planning problems flaggedYour solicitor advises on the significance. Some issues can be resolved with indemnity insurance; others may be deal-breakers
Developer goes into administrationConstruction stops and your deposit may be at riskIf deposit held as stakeholder, it is protected. If released to developer, you are an unsecured creditor. The warranty provider may step in to complete the build
Completion delayed repeatedlyYou incur costs (extended rental, mortgage offer extension, storage)Check your contract for the longstop date — after this date, you can withdraw and claim your deposit back. Your solicitor can also explore a claim for damages

For a comprehensive guide to legal pitfalls and how to avoid them, see our legal pitfalls guide.

Conveyancing Checklist for New Build Buyers

Before Reserving

TaskDone?
Research solicitors with new build experience
Get conveyancing quotes from at least 3 firms
Check solicitor is on your lender's panel (if you know your lender)
Read the reservation agreement carefully before signing
Understand what happens to your reservation fee if you withdraw

After Instructing Your Solicitor

TaskDone?
Send ID and proof of address/funds promptly
Confirm mortgage application is submitted
Chase for search results if taking more than 4 weeks
Read your solicitor's report thoroughly when received
Ask questions about anything you do not understand
Confirm all developer incentives are documented in the contract
Understand the deposit structure and protection arrangements

Before Exchange

TaskDone?
Mortgage offer received and conditions met
All searches completed with satisfactory results
Contract reviewed and understood
Deposit funds available in your solicitor's account
All documents signed (contract, transfer deed, mortgage deed)
Completion arrangements understood (date or notice period)

Before Completion

TaskDone?
Pre-completion inspection arranged
Remaining balance transferred to solicitor
Completion statement reviewed and approved
Building insurance arranged (if required by contract)
Removal company booked

Frequently Asked Questions

How long does new build conveyancing take?

For a completed property ready to move into, expect 8–14 weeks from instruction to completion. For off-plan purchases, you may exchange within 8–12 weeks but wait months or years for completion. The conveyancing work is front-loaded — most of it happens before exchange.

Can I use the developer's recommended solicitor?

You can, but proceed with caution. Developer-recommended solicitors may prioritise the developer's timeline over thorough investigation of your interests. The Consumer Code for Home Builders requires that you have independent legal advice. An independent solicitor with new build experience is generally the safer choice.

What happens if my mortgage offer expires before the property is finished?

You will need to request an extension from your lender or reapply. Extensions are usually granted for up to 3 months at the same rate. If you need a new application, the rate may differ and a new valuation may be required. Factor this risk into your planning when buying off-plan.

Is conveyancing more expensive for new builds?

Yes. Most solicitors charge a new build supplement of £150–£350 on top of their standard conveyancing fee. This reflects the additional work — reviewing developer contracts, checking planning conditions, warranties, and adoption agreements. Leasehold properties add a further £200–£400.

What is the longstop date?

The longstop date is the final deadline by which the property must be completed and ready for handover. If the developer fails to complete by this date, you can usually withdraw from the contract and recover your deposit in full. The longstop date is typically 6–24 months after the expected completion date, depending on the contract terms. Your solicitor should highlight this date clearly.

Do I need conveyancing if I am buying with cash?

Yes. Conveyancing is the legal process of transferring ownership — it is required whether you have a mortgage or not. Without a mortgage lender involved, you will not have a lender's solicitor checking things on their behalf, making your own solicitor's work even more important. You can still instruct a solicitor or licensed conveyancer to handle the process.

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