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Reservation Fees and Agreements on New Build Homes: What You're Signing, What It Costs, and How to Protect Yourself

Reservation Fees and Agreements on New Build Homes: What You're Signing, What It Costs, and How to Protect Yourself
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What Is a Reservation Fee?

A reservation fee is a payment you make to the developer to take a specific plot off the market. Once you pay it, the developer agrees not to sell that plot to anyone else for a fixed period (the 'reservation period'), giving you time to instruct a solicitor, arrange your mortgage, and progress towards exchange of contracts.

The reservation fee is not the same as the exchange deposit. The exchange deposit (usually 10% of the purchase price) is a much larger sum paid when contracts are formally exchanged. The reservation fee is a smaller initial payment that precedes the formal legal process.

PaymentWhen PaidTypical AmountPurposePart of Purchase Price?
Reservation feeDay you reserve (in the sales office)£500-£5,000Takes the plot off the marketUsually yes — deducted from the exchange deposit or purchase price
Exchange depositWhen contracts are exchanged (typically 4-12 weeks later)10% of purchase priceContractually commits both parties to the saleYes — part of the purchase price
Completion balanceOn completion dayRemaining 90% (minus mortgage)Pays for the property in fullYes

How Much Is the Reservation Fee?

Reservation fees vary by developer, property type, and price. Here's what to expect:

Developer TypeTypical Fee RangeNotes
National housebuilders (Barratt, Taylor Wimpey, Persimmon, Bellway)£500-£1,000Standardised across most sites; sometimes waived during promotional events
Regional and mid-sized developers£500-£2,000Varies more widely; may be negotiable
Premium/luxury developers (Berkeley, Crest Nicholson high-end)£1,000-£5,000Higher fees on more expensive properties
Small/local developers£250-£1,000More flexibility; some may accept lower amounts
Shared ownership (through housing associations)£0-£500Some housing associations don't charge a reservation fee; others charge a nominal amount

How the Fee Is Typically Paid

  • Debit card: Most common method in the sales office
  • Credit card: Some developers accept credit cards — this can give you Section 75 consumer protection on purchases over £100
  • Bank transfer: Sometimes accepted if paying remotely
  • Cheque: Occasionally accepted but rare in practice

Tip: If the developer accepts credit card payment, using a credit card for the reservation fee gives you additional protection under Section 75 of the Consumer Credit Act 1974. If the developer breaches the agreement and refuses to refund, you can claim from the credit card company. This only applies to credit cards, not debit cards.

The Reservation Agreement: What You're Actually Signing

When you pay the reservation fee, you'll also sign a reservation agreement. This is not the contract of sale (that comes later), but it is a binding document that creates obligations for both you and the developer. Here's what it typically contains:

ClauseWhat It SaysWhat It Means for You
Plot identificationThe specific plot number, house type, and site you're reservingConfirms exactly which property you're buying — check this matches what you discussed
Purchase priceThe agreed price for the propertyThis price is fixed from this point (subject to any incentives being finalised)
Reservation fee amountHow much you're paying and how it will be appliedUsually deducted from the exchange deposit — confirm this in writing
Reservation periodHow long the developer will hold the plot for you (typically 28 days)You must exchange contracts within this period or the reservation may be cancelled
Exchange deadlineThe date by which contracts must be exchangedIf you don't exchange by this date, the developer can cancel and may keep your fee
Refund termsWhen the fee is refundable and when it isn'tCritical — read these carefully before signing
Buyer obligationsYou must instruct a solicitor, apply for a mortgage, and cooperate with the processYou're expected to act promptly — delays on your side may trigger cancellation
Developer obligationsDeveloper must instruct their solicitors to send the contract pack to your solicitorIf the developer delays sending the contract pack, this affects your ability to meet the exchange deadline
Incentives and extrasAny agreed incentives (flooring, appliance upgrades, financial contributions)Get everything in writing here — verbal promises not in this document are hard to enforce later
Cancellation termsHow either party can cancel the reservationCheck whether the developer can cancel unilaterally and what happens to your fee if they do
Specification referenceReference to the specification or show-home that you're buying againstConfirms what's included in the purchase
Anti-money laundering checksYou consent to identity and source-of-funds checksStandard legal requirement — you'll need to provide ID and proof of deposit source

The 28-Day Exchange Deadline: How It Works and Why It Matters

The most consequential clause in most reservation agreements is the exchange deadline — typically 28 days from the date you sign. Within this period, you're expected to:

  • Instruct a solicitor (day 1-3)
  • Apply for a mortgage and get an Agreement in Principle (should ideally be done before reserving)
  • Wait for the developer's solicitors to send the contract pack to your solicitor (typically 1-3 weeks)
  • Wait for your solicitor to review the contract pack and raise enquiries
  • Wait for the developer's solicitors to respond to enquiries
  • Wait for searches to be ordered and returned
  • Receive a formal mortgage offer
  • Sign and exchange contracts

Is 28 Days Realistic?

TaskRealistic TimeframeCommon Delays
Contract pack sent by developer's solicitors1-3 weeksDeveloper's solicitors handle hundreds of plots; packs are often late
Your solicitor reviews the pack3-7 daysIf your solicitor is busy, it may take longer; new build packs are large and complex
Enquiries raised and answered1-3 weeksDeveloper's solicitors batch-process replies
Searches ordered and returned2-4 weeksLocal authority search turnaround varies hugely by council area
Mortgage offer issued2-4 weeks from applicationValuation delays, lender processing times, additional information requests

As you can see, 28 days is tight — especially if the developer's solicitors take 2-3 weeks to send the contract pack, which is common. Many buyers find it impossible to exchange within 28 days through no fault of their own.

What Happens If You Can't Exchange in Time?

If the 28-day deadline passes without exchange:

  • The developer may extend the deadline (often by another 14-28 days) if progress is being made
  • The developer may cancel the reservation and keep your fee
  • The developer may cancel the reservation but refund your fee (more likely if the delay was the developer's fault)
  • The developer may re-release the plot to other buyers while keeping your fee

In practice, most developers will grant an extension if they can see that the solicitor and mortgage process is progressing. They want to sell the plot, not cancel reservations. But if you haven't instructed a solicitor, haven't applied for a mortgage, or aren't responding to your solicitor's requests, the developer has grounds to cancel.

How to Protect Yourself Against the 28-Day Deadline

ActionWhenWhy
Get a mortgage Agreement in PrincipleBefore visiting developmentsShows you can afford the property and speeds up the formal application
Research solicitors in advanceBefore reservingYou can instruct them the same day you reserve, saving critical days
Choose a solicitor with new build experienceBefore reservingThey'll review the contract pack faster and know which checks are critical
Respond to your solicitor promptlyThroughout the processEvery day you delay in responding adds to the timeline
Chase your mortgage brokerWeeklyMortgage applications need active management; don't assume it's progressing
Ask the developer about typical pack turnaroundAt reservationIf they say '2-3 weeks for the contract pack,' you know 28 days is unrealistic
Negotiate a longer reservation periodAt reservation42 days is more realistic; some developers will agree if asked

Is the Reservation Fee Refundable?

This is the question every buyer asks — and the answer depends on the circumstances and the specific terms of the reservation agreement.

ScenarioFee Refundable?Explanation
You exchange contracts and complete the purchaseYes (deducted from price)The reservation fee is usually offset against the exchange deposit or final purchase price
Developer withdraws the property from saleYesConsumer Code requires a full refund if the developer withdraws the plot
Developer fails to send the contract pack within a reasonable timeShould be yesConsumer Code requires the developer to progress within a reasonable period; failure to do so should trigger a refund
Your mortgage is declined and you can't proceedVariesSome developers refund in this situation; others don't. Check the agreement terms
Your solicitor identifies a serious legal issueVariesA legitimate reason to withdraw, but some agreements don't distinguish between reasons for withdrawal
Survey or valuation comes back unsatisfactoryVariesSimilar to mortgage decline — some developers refund, some don't
You simply change your mindUsually noMost agreements state the fee is non-refundable if you withdraw without cause
You can't exchange within the reservation period (your fault)Usually noIf you failed to instruct a solicitor or progress the mortgage, the developer is likely to keep the fee
You can't exchange within the reservation period (developer's fault)Should be yesIf the contract pack was late or the developer's solicitors caused delays, you have a strong case for a refund

Consumer Code Protection

The Consumer Code for Home Builders (2024 edition) provides specific protections regarding reservation fees:

  • The reservation agreement must clearly state the terms under which the fee is refundable
  • The developer must reimburse the reservation fee if they withdraw the plot from sale
  • The developer must reimburse the reservation fee if they fail to provide the contract pack within a reasonable time (allowing for the exchange deadline)
  • The developer must not put unreasonable time pressure on the buyer to exchange

However, the Consumer Code doesn't require a refund in all circumstances. If you withdraw voluntarily or fail to progress the purchase without good reason, the developer can retain the fee. The code's dispute resolution service can hear complaints about unreasonable refusal to refund.

How to Maximise Your Chance of Getting a Refund

  • Document everything: Keep records of when you instructed your solicitor, when the contract pack was (or wasn't) received, and what caused any delays
  • Communicate in writing: Use email rather than phone calls so you have a paper trail
  • Reference the Consumer Code: If you believe the developer should refund your fee, cite the specific code requirements
  • Escalate formally: Write to the developer's customer service or complaints team, not just the sales office
  • Use the dispute resolution service: If the developer refuses a refund you believe is owed, the Consumer Code's independent dispute resolution scheme can adjudicate
  • Credit card chargeback: If you paid by credit card and the developer is in breach, you may have a claim under Section 75

What the Reservation Agreement Should Include

Before signing, check that the agreement includes all of the following:

Essential ElementWhy It MattersRed Flag If Missing
Full plot details (number, house type, address)Confirms exactly what you're buyingVague descriptions could allow the developer to switch plots
Agreed purchase priceLocks in the price from this dateNo price means the developer could increase it later
Reservation fee amount and how it will be appliedConfirms the fee is deducted from the purchase priceFee described as 'administration charge' or 'non-refundable processing fee' that isn't offset against the price
Reservation period (with specific end date)Gives you a clear timelineNo end date or 'at the developer's discretion' — gives the developer total control
Clear refund termsTells you when you can and can't get your money backNo refund terms at all — or blanket 'non-refundable in all circumstances'
Developer's obligation to provide contract packCreates accountability for the developer to progressNo mention of when the contract pack will be sent — gives the developer licence to delay
Any agreed incentives in writingDocuments the deal you've agreedIncentives mentioned verbally but not written in the agreement
Cooling-off period (if applicable)Some developers offer a short cooling-off period after signingNo cooling-off period isn't necessarily a red flag — it's not required — but check if one exists
Developer's registration with Consumer CodeConfirms Consumer Code protections applyDeveloper not registered — means you don't have the Consumer Code safety net

Common Problems with Reservation Agreements

ProblemHow It HappensHow to Avoid It
Pressure to sign immediatelySales adviser says 'another buyer is interested' or 'this is the last plot at this price'Ask for 24 hours to consider. A genuine developer won't lose a sale over one day. If they pressure you, that's a warning sign
Fee described as non-refundable in all circumstancesAgreement makes no distinction between buyer withdrawal and developer breachPush back before signing. Consumer Code protections should override blanket non-refundability
Incentives not written downSales adviser verbally agrees to flooring/stamp duty contribution but it's not in the agreementRefuse to sign until all agreed incentives are documented in the reservation agreement
Contract pack delaysDeveloper's solicitors take 3-4 weeks to send the pack, eating into your 28-day exchange deadlineAsk the sales office when the pack will be sent. If they can't give a clear answer, raise this with your solicitor
Unrealistic exchange deadline28 days is impossible given the developer's own delays in providing documentsNegotiate a 42-day or 56-day reservation period before signing. If the developer insists on 28 days, build in your readiness beforehand
Hidden termsAgreement references other documents (specifications, estate plan) that you haven't seen yetAsk to see all referenced documents before signing. Don't agree to terms based on documents you haven't reviewed
Developer changes the plot or specification after reservationDeveloper allocates you a different plot or changes the specification before exchangeThe reservation agreement should specify your exact plot and reference the agreed specification. Any change should trigger a refund option

What to Do Before You Pay a Reservation Fee

The reservation fee creates the first financial and legal commitment of the buying process. Before you pay, make sure you've completed these steps:

Financial Preparation

StepWhy It MattersDone?
Get a mortgage Agreement in Principle (AIP)Confirms you can borrow enough; speeds up the formal application
Confirm your deposit amount and sourceYou'll need to declare where your deposit is coming from (anti-money laundering)
Check your credit reportSurprises on your credit report can derail a mortgage application
Budget for all costs (not just the purchase price)Solicitor fees, searches, stamp duty, moving costs — see our deposit guide for full cost tables
Understand the ongoing costsCouncil tax, service charges, estate charges — see our running costs guide

Legal Preparation

StepWhy It Matters
Research and shortlist solicitorsReady to instruct on the day you reserve — don't waste days finding a solicitor
Choose a solicitor with new build experienceThey'll review the contract pack efficiently and spot new build-specific issues
Ask the solicitor about their typical turnaroundEnsure they can work within the exchange deadline
Understand the conveyancing processKnow what happens after reservation — see our conveyancing guide

Property Due Diligence

StepWhy It Matters
Visit the development (ideally more than once)See the location at different times of day; check transport, amenities, noise levels
Ask about the specificationWhat's included? What's the show-home vs what you actually get?
Ask about estate/service chargesKnow the ongoing costs before you commit — see our service charges guide
Check the EPC ratingNew builds should typically be A or B; anything lower is surprising
Research the developerCheck reviews from other buyers, NHBC registration, build quality reputation
Ask about the build timelineWhen will the property be ready? Is it off-plan or nearing completion?
Check planning applications nearbyAre there future developments, roads, or commercial buildings planned nearby?

Reservation Fees by Major Developer

While fees change over time and may vary by site, here's what the major UK housebuilders typically charge as of early 2026:

DeveloperTypical Reservation FeeTypical Reservation PeriodRefund Policy (General)
Barratt / David Wilson£50028 daysDeducted from purchase price; refund depends on circumstances
Taylor Wimpey£50028 daysNon-refundable if buyer withdraws; refundable if developer withdraws
Persimmon / Charles Church£50028 daysDeducted from price; refund terms in agreement
Bellway£500-£1,00028 daysVaries by site
Redrow£500-£1,00028 daysRefund depends on reason for withdrawal
Berkeley Group£1,000-£5,00028 daysHigher fees on premium properties; terms vary
Crest Nicholson£500-£1,00028 daysStandard terms; check specific site agreement
Vistry (Bovis / Linden)£50028 daysStandard terms

Important: These are general indications. The actual fee, reservation period, and refund terms are set out in the specific reservation agreement you sign for your plot. Always read the agreement rather than relying on general information.

Can You Negotiate the Reservation Fee?

Yes, in some circumstances:

NegotiationLikelihood of SuccessWhen It Works Best
Reduce the fee amountLow for national developers; Medium for smaller developersSlow sales period; developer needs sales to hit targets
Make the fee fully refundableLowVery slow market; developer desperate for sales
Extend the reservation period to 42+ daysMediumWhen you explain the realistic timeline for conveyancing; particularly if buying off-plan
Add incentives to the agreementMedium-HighDeveloper motivated to secure the sale; incentives cost less than losing a buyer
Waive the fee entirelyLow for standard sales; occasionally offered during promotional eventsDeveloper promotions ('reserve for free this weekend')

The most valuable negotiation is usually extending the reservation period rather than reducing the fee. An extra 14-28 days reduces the risk of losing your fee due to conveyancing delays.

What Happens After You Reserve?

Once you've paid the reservation fee and signed the agreement, the conveyancing process begins in earnest. Here's the typical sequence:

StepWho Does ItTypical Timeframe
1. Instruct your solicitorYouDay 1-3 (ideally same day)
2. Submit formal mortgage applicationYou / your brokerDay 1-7
3. Developer instructs their solicitorsDeveloperDay 1-5
4. Developer's solicitors prepare and send the contract packDeveloper's solicitors1-3 weeks (sometimes longer)
5. Your solicitor receives and reviews the contract packYour solicitor3-7 days after receipt
6. Your solicitor raises enquiriesYour solicitorSame week as review
7. Developer's solicitors answer enquiriesDeveloper's solicitors1-3 weeks
8. Searches ordered and returnedYour solicitor2-4 weeks (ordered early, ideally at step 5)
9. Mortgage valuation and offer issuedLender2-4 weeks from application
10. Your solicitor provides report on titleYour solicitorOnce enquiries and searches are complete
11. You review the report and sign the contractYou1-3 days
12. Exchange of contractsBoth solicitorsOnce all elements are in place

For a detailed guide to each stage, see our complete new build conveyancing guide. For what to look for in the contract itself, see our new build contracts guide.

Cooling-Off Periods

Unlike some consumer purchases, there is no automatic statutory cooling-off period for reservation agreements on new build homes. Once you sign and pay, you're committed to the terms of the agreement.

However:

  • Some developers voluntarily offer a cooling-off period (typically 7-14 days) — check the agreement
  • The Consumer Code for Home Builders states that buyers should have 'adequate time' to consider the reservation terms — but doesn't specify a cooling-off period
  • If you paid by credit card and were misled by the developer, you may have additional cancellation rights
  • If the developer is using high-pressure sales tactics ('sign now or lose the plot'), this could constitute a breach of the Consumer Code and potentially the Consumer Protection from Unfair Trading Regulations 2008

Shared Ownership Reservations

Reserving a shared ownership new build is slightly different from a standard purchase:

ElementStandard PurchaseShared Ownership
Who you reserve withThe developer's sales teamUsually the housing association (not the developer directly)
Reservation fee£500-£5,000£0-£500 (often lower or waived)
Eligibility checkNot requiredYou must pass an eligibility assessment (household income, existing property ownership, local connection)
Financial assessmentYour choice of mortgage broker/lenderOften required to use the housing association's approved financial adviser (free)
Reservation periodTypically 28 days to exchangeCan be longer — shared ownership conveyancing is more complex
The share you're buyingN/A — you buy the whole propertyTypically 25-75% — agreed at reservation
Rent on remaining shareN/ASet by the housing association — confirmed in the reservation

For a comprehensive guide to shared ownership, including staircasing, costs, and eligibility, see our shared ownership guide.

What If the Developer Cancels Your Reservation?

Developers can cancel reservations for several reasons:

  • Exchange deadline passed: You didn't exchange within the reservation period
  • Lack of progress: You haven't instructed a solicitor or applied for a mortgage
  • Anti-money laundering failure: You couldn't pass identity or source-of-funds checks
  • Developer withdraws the plot: Plot taken off the market for commercial reasons

If the developer cancels:

Reason for CancellationYour Refund Rights
Developer withdraws the plot from saleFull refund — Consumer Code requires this
Developer fails to provide contract pack in timeStrong case for full refund under Consumer Code
Exchange deadline passed due to developer delaysStrong case for full refund — document the delays
Exchange deadline passed due to your delaysRefund unlikely unless agreement states otherwise
You failed AML checksUsually refunded minus any administration fee
Developer found a higher-paying buyer (though they won't admit this)Full refund — and potentially a Consumer Code complaint

Reservation Agreement Checklist

Before signing the reservation agreement and paying the fee, confirm all of the following:

  • The plot number, house type, and price are correct
  • All agreed incentives and extras are written in the agreement
  • The reservation period is clearly stated with a specific end date
  • The refund terms are clear and you understand when you can and can't get your money back
  • The fee will be deducted from the purchase price (not treated as a separate administration charge)
  • You have a mortgage Agreement in Principle in place
  • You have a solicitor ready to instruct
  • You have visited the development and are confident about the location
  • You understand the specification — what's included and what's not
  • You know whether the property is leasehold or freehold and understand the implications
  • You've asked about estimated service charges and estate charges
  • You've asked about the build timeline and expected completion date
  • You've researched the developer's reputation and build quality
  • You have the deposit funds available (or a clear plan to accumulate them before exchange)
  • You're not being pressured into signing immediately — you've had time to consider

Frequently Asked Questions

Can I reserve more than one plot?

Technically yes, but each reservation requires a separate fee and agreement. Most developers won't allow you to hold multiple reservations on the same development. Reserving multiple plots with different developers is possible but you'll need separate mortgage applications and solicitor instructions for each, and you'll lose the reservation fee on any plot you don't proceed with.

Can I change the plot after reserving?

Sometimes. If you want to switch to a different plot on the same development, the developer may agree to transfer your reservation (potentially with a different price). This is at the developer's discretion — they're not obligated to agree. The original reservation agreement would typically be cancelled and replaced with a new one.

What if I can't get a mortgage?

If your mortgage application is declined, check the refund terms in your reservation agreement. Some developers will refund the fee in this situation; others won't. If the agreement doesn't specifically address mortgage decline, you may have a case for a refund on the basis that you couldn't reasonably proceed, but this isn't guaranteed.

Is the reservation fee the same as an option fee?

Similar concept, different context. 'Option fee' is more commonly used in self-build or land purchases, where you pay for the exclusive right to buy a piece of land within a set period. 'Reservation fee' is the standard term for new build developer sales. The practical effect is similar: you pay money to hold a specific property for a limited time.

Do I need a solicitor before I reserve?

Legally, no — you don't need a solicitor to sign a reservation agreement. But practically, having a solicitor already identified (even if not formally instructed) means you can instruct them immediately after reserving, maximising the time available within the 28-day deadline.

What if the developer increases the price after I reserve?

The reservation agreement should lock in the price. If the developer tries to increase the price after you've signed, this would typically be a breach of the reservation agreement and the Consumer Code. You should be entitled to proceed at the agreed price or receive a full refund.

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