New Build Conveyancing Is Not Standard Conveyancing
Many buyers assume that conveyancing is conveyancing — a standard legal process that any solicitor can handle. For new builds, this assumption is wrong.
How New Build Conveyancing Differs
| Standard Conveyancing | New Build Conveyancing — Additional Work |
|---|---|
| Review a standard Law Society contract | Review a bespoke developer contract (30–60+ pages) with non-standard clauses heavily favouring the developer |
| Check an existing title with established boundaries | Investigate a new title being carved from the developer's master title — check boundaries, rights, and restrictions are correct for your specific plot |
| Verify existing planning permission | Review active planning conditions, Section 106 agreements, and confirm building regulations compliance for a property that may still be under construction |
| Check roads and sewers are adopted | Investigate whether Section 38 and Section 104 adoption agreements are in place for roads and sewers that do not yet exist or are not yet adopted |
| Confirm property has adequate insurance | Verify a 10-year structural warranty is in place from an approved provider (NHBC, Premier, LABC), check it meets the lender's requirements, and confirm deposit protection |
| Standard searches | Additional searches for contamination, mining, flood risk on land that may have had previous industrial or agricultural use |
| Straightforward completion | Manage completion on the developer's timetable — often with only 10–14 days' notice — coordinating mortgage drawdown, funds transfer, and handover at short notice |
| Register ownership | First registration of a new title at Land Registry, plus registration of restrictive covenants, management company obligations, and warranty |
What a New Build Solicitor Actually Does — The Full List
Here is the complete list of tasks your solicitor performs when you buy a new build. Many of these are invisible to you but are critical to protecting your interests.
Before Exchange
| Task | What It Involves | Why It Matters |
|---|---|---|
| Anti-money-laundering checks | Verify your identity, address, and source of funds. Required by law | Failure to complete these delays the entire process |
| Review contract pack | Read every clause of the developer's contract (typically 30–60+ pages), including special conditions, plans, and specifications | The contract is drafted in the developer's favour. Your solicitor identifies clauses that are unfair, unusual, or risky |
| Raise pre-contract enquiries | Send detailed questions to the developer's solicitor about boundaries, services, planning, construction, management, and more | Fills in gaps that the contract does not cover and gets answers on record |
| Investigate title | Check the developer's ownership of the land, identify charges, restrictions, and rights. Review the title plan for your specific plot | Ensures the developer actually owns the land and can sell it to you, and that your plot boundaries are correct |
| Order and review searches | Local authority search, drainage, environmental, mining, chancel repair, flood risk — plus any additional searches required by the property's history | Reveals issues that could affect the property: flood risk, contamination, planning schemes, road widening, tree preservation orders |
| Check planning permission | Confirm full planning permission is in place. Review conditions and check which have been discharged | Outstanding planning conditions can affect the development's lawfulness and your ability to sell in future |
| Review Section 106 agreement | Obtain and check the agreement between the developer and local authority for affordable housing, infrastructure, and community obligations | Ensures no obligations flow through to your specific plot (e.g., resale restrictions, local connection requirements) |
| Check road and sewer adoption | Confirm Section 38 (roads) and Section 104 (sewers) agreements are in place with the local authority and water company | Without these, you may be responsible for road and sewer maintenance — potentially costing thousands |
| Review warranty documentation | Confirm the warranty provider (NHBC, Premier, LABC), check coverage terms, and verify the builder is registered | Your mortgage lender requires an acceptable warranty. Without one, you cannot get a mortgage |
| Check management company | Review the management company structure, constitution, estimated charges, and homeowner rights | You will be paying estate management charges for years — your solicitor ensures you understand the structure and costs |
| Review lease (if leasehold) | Check lease length, ground rent (must be peppercorn post-June 2022), service charges, restrictions, forfeiture provisions | Leasehold terms affect your daily life, future sale value, and ability to alter the property |
| Comply with UK Finance Handbook | Certify to your lender that the property meets all their requirements for new builds — warranty, roads, sewers, lease terms, incentives | Your solicitor acts for both you and your lender. If they cannot certify compliance, the lender will not release funds |
| Report to you | Provide a clear, plain-English report covering everything found — title, searches, contract terms, risks, and costs | This is your opportunity to understand exactly what you are buying and ask questions before committing |
Exchange and Completion
| Task | What It Involves | Why It Matters |
|---|---|---|
| Manage exchange | Exchange contracts with the developer's solicitor, transfer your deposit, and confirm the completion mechanism | Exchange makes the purchase legally binding. Your solicitor ensures you are ready and protected before committing |
| Monitor between exchange and completion | Track the build progress, monitor your mortgage offer expiry, and prepare for completion at potentially short notice | For off-plan purchases, months may pass between exchange and completion. Your solicitor keeps the transaction alive |
| Prepare for completion | Request mortgage advance, prepare completion statement, arrange CHAPS transfer, coordinate with developer's solicitor | Completion requires precise coordination — the wrong amount, wrong account, or missed deadline can cause the deal to collapse |
| Complete the purchase | Send funds via CHAPS, receive confirmation, and authorise key release | Your solicitor handles tens or hundreds of thousands of pounds on your behalf. Accuracy is critical |
After Completion
| Task | What It Involves | Why It Matters |
|---|---|---|
| Pay Stamp Duty | File SDLT return and pay tax within 14 days of completion | Late payment attracts penalties and interest from HMRC |
| Register your ownership | Submit application to HM Land Registry to register you as the legal owner | Until registered, you are not the legal owner. Registration protects your ownership rights |
| Register your mortgage | Register the lender's charge against the property | Required by your mortgage lender. Filed alongside the ownership registration |
| Send you confirmation | Once registration is complete, send you the title information and confirm the transaction is finalised | Your evidence of ownership |
What They Check That You Cannot
Even well-informed buyers cannot replicate the work a solicitor does. Here is what requires legal expertise and access to professional resources.
| Check | Why You Cannot Do It Yourself |
|---|---|
| Contract clause analysis | New build contracts contain legal terminology and concepts (longstop dates, sunset clauses, forfeiture provisions, indemnity covenants) that require legal training to interpret correctly. A misunderstanding could cost you thousands |
| Title investigation | Requires access to Land Registry records, understanding of property law, and ability to interpret title plans, charges, and restrictions |
| Property searches | Searches must be ordered through official channels. Interpreting results requires understanding of planning law, environmental regulations, and local authority procedures |
| UK Finance Handbook compliance | Your mortgage lender requires a qualified solicitor to certify that the property meets their lending requirements. You cannot self-certify |
| Section 106 review | These are complex legal agreements between the developer and planning authority. Interpreting which obligations affect your plot requires legal expertise |
| Lease analysis | Leases are legal documents that run to 50–100+ pages. Understanding the implications of each clause requires property law expertise |
| Funds transfer | Completion funds must be transferred through a regulated solicitor's client account. You cannot send funds directly to the developer |
| Land Registry registration | First registration of a new title is a specialist process that must be done by a qualified legal professional |
The Developer's Recommended Solicitor — Conflicts of Interest
Developers routinely recommend solicitors to their buyers. Some developers have formal 'panel' arrangements where specific firms handle most or all of their transactions. While using the recommended solicitor is not inherently wrong, it creates potential conflicts you should understand.
How the Relationship Works
| Factor | What Happens | Risk to You |
|---|---|---|
| Referral volume | Developer sends the firm a steady stream of clients — potentially dozens per year | The firm has a financial incentive to maintain the relationship. Challenging the developer's contract aggressively could jeopardise future referrals |
| Speed pressure | Developer wants transactions processed quickly to hit sales targets and manage build programmes | Speed can come at the expense of thoroughness. Less time reviewing your contract means less chance of spotting problems |
| Standardised process | The firm processes the same developer's contracts repeatedly and may adopt a 'tick-box' approach | Your individual circumstances, concerns, and questions may receive less attention |
| Fee structure | Panel solicitors may offer lower fees (subsidised by the developer or absorbed as a marketing cost) | Lower fees mean less time allocated to your file. You get what you pay for |
| Dual loyalty | The solicitor acts for you but depends on the developer for business | Subtle bias towards not rocking the boat — less likely to push hard on contract amendments or flag concerns aggressively |
What the Consumer Code Says
The Consumer Code for Home Builders (2024 edition) is clear: developers must recommend that buyers seek independent legal advice. The Code does not prohibit developers from recommending specific solicitors, but it requires that buyers have access to genuinely independent advice.
When a Developer Panel Solicitor Might Be Acceptable
| Scenario | Assessment |
|---|---|
| Large, established firm with CQS accreditation | More likely to maintain professional standards regardless of the developer relationship. Still check they are on your lender's panel |
| Firm handles multiple developers, not just one | Less dependent on any single developer for business, reducing the conflict of interest |
| You verify they will challenge the contract | Ask the firm directly whether they will attempt amendments to the developer's contract on your behalf. If they say 'no, the developer won't change it', that is a red flag |
When You Should Avoid the Developer's Solicitor
| Red Flag | Why |
|---|---|
| Developer insists you use their solicitor | You have the absolute right to choose your own solicitor. Insistence on using theirs suggests the developer benefits from the arrangement in ways that may not benefit you |
| Solicitor dismisses your concerns | If the firm tells you the contract is 'standard' and does not need scrutiny, they are not acting in your interests |
| Unusually low fees | If the fee is significantly below market rate, the firm may be cutting corners on the work they do for you |
| No face-to-face or video option | If you cannot speak to your solicitor directly and only deal with administrative staff, the level of personal service may be inadequate |
| Pressure to exchange quickly | If the solicitor pushes you to exchange before you are comfortable, they may be prioritising the developer's timeline over your protection |
Real Scenarios Where Legal Advice Made the Difference
These scenarios illustrate the types of problems that specialist new build solicitors identify and resolve. Names and specific details are changed for privacy, but the situations are representative of real new build transactions.
Scenario 1: The Vanishing Garden
| Aspect | Detail |
|---|---|
| The problem | Contract plan showed a garden of approximately 12 metres. The developer's reserved rights clause allowed them to change external areas 'at their discretion' for development purposes |
| What the solicitor found | A subsequent planning application showed the developer planned to extend the access road, reducing the garden to approximately 6 metres |
| What happened | Solicitor raised this before exchange. Developer agreed to amend the contract to guarantee a minimum garden size of 10 metres |
| Cost saved | Without intervention, the buyer would have lost half their garden with no compensation. Impact on property value: estimated £15,000–£25,000 |
Scenario 2: The Deposit Trap
| Aspect | Detail |
|---|---|
| The problem | Small developer required deposit release on exchange (not stakeholder). No NHBC warranty — using a lesser-known provider with limited deposit protection |
| What the solicitor found | Companies House records showed the developer had significant debts and had filed accounts late. The warranty provider's deposit protection was capped at £10,000 — buyer's deposit was £32,500 |
| What happened | Solicitor advised the buyer of the risk. Buyer requested stakeholder holding; developer refused. Buyer withdrew and recovered their reservation fee under Consumer Code grounds |
| Cost saved | The developer went into administration 8 months later. Buyers who had exchanged with deposit release lost their deposits. This buyer saved £32,500 |
Scenario 3: The Unadopted Estate
| Aspect | Detail |
|---|---|
| The problem | Developer's sales brochure described the estate as having 'adopted roads and public spaces'. The contract said nothing about adoption |
| What the solicitor found | No Section 38 agreement existed. The developer had no formal arrangement with the local authority for road adoption. Estate management charges included road maintenance at £450/year per household |
| What happened | Solicitor raised this with the developer, who confirmed there was no adoption plan. Buyer was informed and made an informed decision to proceed, but negotiated a 2-year cap on management charges as compensation |
| Potential cost | Without disclosure, the buyer would have discovered ongoing £450/year charges they did not budget for, with no prospect of reduction through council adoption |
Scenario 4: The Mortgage Expiry
| Aspect | Detail |
|---|---|
| The problem | Buyer exchanged on an off-plan property with expected completion in 6 months. Build was delayed by 4 months. Mortgage offer was about to expire |
| What the solicitor did | Monitored the mortgage offer expiry date proactively. Contacted the lender 6 weeks before expiry to request an extension. Extension was granted at the original rate |
| What could have happened | If the offer had lapsed, the buyer would have needed a new mortgage application. Interest rates had risen by 1.2% in the intervening period |
| Cost saved | On a £250,000 mortgage, the rate difference would have cost approximately £3,000 per year — £15,000 over the first 5 years of the mortgage |
Scenario 5: The Hidden Restrictions
| Aspect | Detail |
|---|---|
| The problem | Buyer planned to run a dog-grooming business from a converted garage. The transfer deed contained a restrictive covenant prohibiting business use and requiring management company consent for any alterations |
| What the solicitor found | Covenant was permanent and binding on all future owners. Management company consent process was at the management company's absolute discretion with no appeal |
| What happened | Solicitor advised the buyer before exchange. Buyer chose a different development where the covenants were less restrictive |
| Impact avoided | Buyer avoided purchasing a property where their planned business use was prohibited — saving them the purchase price plus the cost of establishing a business that could never operate |
What Happens Without a Specialist Solicitor
Buyers who use a generalist solicitor or the developer's panel solicitor without scrutiny risk the following:
| Risk | Consequence | Frequency |
|---|---|---|
| Contract issues missed | Unfair clauses not flagged — deposit at risk, specification changes allowed, short completion notice periods | Common |
| Adoption issues not checked | Roads and sewers not adopted, leading to unexpected management charges and maintenance liability | Common |
| Warranty not verified | Warranty provider not on lender's approved list — completion delayed or blocked | Occasional |
| Section 106 not reviewed | Resale restrictions or obligations affecting your plot discovered after purchase | Occasional |
| Lease issues missed | Ground rent issues, restrictive lease terms, or management problems discovered after exchange | Occasional (pre-2022 leases) |
| Mortgage offer expires | Offer lapses, new application needed at potentially higher rate | Common with off-plan |
| Boundary errors | Title plan does not match actual plot — boundary disputes with neighbours | Occasional |
| Management charges unexplained | Ongoing costs not disclosed or explained before exchange — budget shock after moving in | Common |
Solicitor vs Licensed Conveyancer vs DIY
| Option | Qualifications | Can Handle New Builds? | Regulated By |
|---|---|---|---|
| Solicitor | Law degree + Legal Practice Course + 2-year training contract. Qualified to handle all legal matters | Yes — if experienced in new build transactions specifically | Solicitors Regulation Authority (SRA) |
| Licensed conveyancer | CLC qualification. Specialist property lawyers who only handle conveyancing | Yes — many are excellent for new builds. Check experience specifically | Council for Licensed Conveyancers (CLC) |
| CILEx (Chartered Legal Executive) | CILEx qualifications in property law. Can handle conveyancing if authorised | Check whether they have new build experience | CILEx Regulation |
| DIY conveyancing | None required | No. Your mortgage lender requires a qualified legal professional. Even cash buyers cannot register a title without professional assistance | Not regulated |
All three regulated options (solicitor, licensed conveyancer, CILEx) can handle new build conveyancing. The key is new build experience, not the type of qualification. For guidance on choosing between them, see our choosing a solicitor guide.
The Cost of Legal Advice vs the Cost of Problems
| Item | Cost |
|---|---|
| Specialist new build solicitor fees | £1,200–£2,500 (including new build supplement and disbursements) |
| Losing your deposit to developer insolvency | £15,000–£50,000+ |
| Unadopted road maintenance over 10 years | £3,000–£8,000+ |
| Escalating ground rent (pre-2022 lease) | £5,000–£50,000+ over the lease term |
| Mortgage at a higher rate due to expired offer | £5,000–£20,000 over the mortgage term |
| Specification downgrade with no recourse | £2,000–£15,000 to replace inferior fittings |
| Boundary dispute resolution | £5,000–£30,000+ in legal fees |
| Professional negligence claim against inadequate solicitor | £10,000–£50,000+ in legal costs to pursue |
The cost of proper legal advice is a fraction of the cost of the problems it prevents. Spending an extra £200–£500 on a specialist rather than the cheapest option available is one of the best investments you can make in your property purchase.
When You Are Legally Required to Have a Solicitor
| Situation | Legal Requirement |
|---|---|
| Buying with a mortgage | Your lender requires a qualified solicitor or licensed conveyancer to act on their behalf and certify the transaction. You cannot proceed without one |
| Buying with cash | Not legally required, but practically essential — you need a professional to handle the contract, searches, completion, and Land Registry registration |
| Land Registry first registration | Applications for first registration (which all new build purchases are) should be submitted through a qualified legal professional |
| SDLT return | Can technically be filed by the buyer directly, but practically always handled by the solicitor as part of the completion process |
How to Get the Most from Your Solicitor
| Action | Detail |
|---|---|
| Instruct early | Appoint your solicitor before you reserve. This gives them maximum time to review the contract and raise enquiries |
| Provide documents promptly | Send ID, proof of funds, and mortgage details as soon as requested. Delays on your side delay the entire process |
| Read the report | When your solicitor sends their report, read it. All of it. This is where they explain what they have found and flag concerns |
| Ask questions | If anything in the report is unclear, ask. A good solicitor will explain in plain English. If they cannot, they may not understand it themselves |
| Do not be pressured | If the developer or sales office pressures you to exchange quickly, discuss with your solicitor first. Your solicitor's job is to protect you, not to meet the developer's deadline |
| Keep records | Keep copies of all correspondence, especially anything agreed with the sales office about extras, incentives, or variations |
| Follow up after completion | Check you receive your title registration, warranty documentation, and management company membership confirmation |
Frequently Asked Questions
Can I use the developer's solicitor?
You can, but you should understand the potential conflict of interest. The developer's recommended solicitor depends on the developer for business and may be less inclined to challenge the contract aggressively on your behalf. An independent solicitor with new build experience but no relationship with the developer is generally the safer choice. The Consumer Code requires that you have access to independent legal advice regardless of who you instruct.
Is a licensed conveyancer as good as a solicitor for new builds?
A licensed conveyancer with new build experience can be excellent. The key is experience in new build transactions specifically, not the type of qualification. Check how many new build purchases they handle per year. Ask whether they will review the contract critically and attempt amendments. If they answer 'yes' confidently and can demonstrate experience, they are a good choice.
How much should I expect to pay?
For new build freehold conveyancing, expect £1,200–£2,500 including the new build supplement and disbursements (searches, Land Registry fees). Leasehold adds £200–£400. Shared ownership or government scheme purchases may add a further £150–£300. Compare quotes from at least 3 firms, but do not choose purely on price — the cheapest solicitor may provide the least thorough service.
What if the developer will not let me use my own solicitor?
No developer can legally prevent you from using your own solicitor. You have the absolute right to independent legal advice. If a developer insists you use their solicitor, treat this as a significant red flag. The Consumer Code explicitly requires developers to recommend independent legal advice. Refusing to proceed with your chosen solicitor may constitute a breach of the Code.
Do I need a solicitor if I am buying with cash?
Technically, there is no legal requirement to use a solicitor if you are buying with cash. Practically, it is essential. You still need someone to review the contract, conduct searches, manage the completion process, and register your ownership at Land Registry. The risks of doing this without professional help are significant — a mistake could cost far more than the solicitor's fees.
My solicitor says everything is fine — should I still be worried?
If your solicitor has reviewed the contract, conducted all searches, investigated the title, and reports that everything is satisfactory, you can generally rely on their professional judgment. If you have specific concerns that were not addressed in their report, raise them directly. If you remain uncomfortable, a second opinion from another solicitor (typically £200–£500) provides reassurance and is a small cost relative to the purchase price.