New Build Conveyancing Explained: What Your Solicitor Should Check Before Exchange

Buying a new build is not just a normal property purchase with a newer kitchen. The legal structure can be more complicated because you may be agreeing to buy a home that is not finished yet, on an estate where roads, drainage, shared spaces and management arrangements are still being created.

Developers can also work to relatively short exchange deadlines after reservation. That makes it important to instruct a conveyancer early and give them enough time to investigate the legal documents before you become contractually committed.

This guide explains what new build conveyancing involves, what your solicitor or licensed conveyancer should investigate and which questions buyers should understand before exchange.

What is new build conveyancing?

New build conveyancing is the legal process of transferring ownership of a newly built property from the developer to the buyer.

The core purpose is the same as any property purchase: your conveyancer checks the title and contract, carries out searches and enquiries, deals with your mortgage lender, handles exchange and completion, and registers your ownership after completion.

What makes a new build different is the amount of development-specific material that can sit around the transaction. The property may form part of a much larger site with new roads, sewers, open spaces, management companies, planning obligations and construction warranties.

Why can new build conveyancing be more complex?

With an older home, the physical property, road network and ownership structure are usually already established. On a new estate, your conveyancer may be reviewing arrangements that will only become fully operational after construction is complete.

• The plot may be newly created from a larger development title.

• Roads or sewers may not yet be adopted.

• Shared landscaped areas may be privately managed.

• The home may be subject to estate covenants and restrictions.

• The structural warranty documents need to be checked.

• Completion may happen on notice rather than on a fixed date.

• The mortgage offer needs to remain valid until the property is ready.

• The developer may require exchange within a short reservation period.

HomeOwners Alliance also describes new build conveyancing as more complex than a standard purchase because of issues such as planning compliance, road and sewer agreements and future maintenance of communal areas. Its new build conveyancing guide provides further background.

When should you instruct a conveyancer?

Ideally, choose your conveyancer before or immediately after reservation.

Developers commonly expect buyers to make progress towards exchange quickly, so waiting a week or two to find a solicitor can use up a large part of the reservation period.

Before reserving, ask the sales team what exchange deadline they expect and tell your conveyancer from the start that the transaction is a new build.

Do you have to use the developer's recommended solicitor?

No. You can choose your own legal adviser.

A developer may recommend a firm because that firm already knows the development documents and can work quickly. Familiarity can be convenient, but you should still choose a conveyancer you are comfortable instructing and who acts in your interests.

HomeOwners Alliance recommends using an independent conveyancer with new build experience and notes that buyers should not feel pressured into using a developer's preferred legal firm. You can read its guide to developer-recommended solicitors.

1. Check the legal title and the exact plot

Your conveyancer should confirm exactly what land and property you are buying.

New build plots are often carved out of a larger title, so the transfer plan is particularly important.

• The position and extent of the house or apartment.

• Garden boundaries.

• Driveways and parking spaces.

• Garage ownership where applicable.

• Access paths.

• Rights over shared roads or communal land.

• Any land retained by the developer.

• Rights needed for services, drainage and utilities.

Compare the legal plan with the plot you think you have reserved. If anything looks different from the sales plan, raise it before exchange.

2. Check planning and building-control documents

Your conveyancer should investigate the relevant planning permissions and the legal framework under which the development is being built.

Planning conditions can cover matters such as landscaping, parking, drainage, affordable housing and the timing of infrastructure works.

Your legal adviser is not a surveyor and will not certify the physical build quality of the home, but they should check the legal documents and enquiries appropriate to the transaction.

3. Understand roads and sewers

New estate roads and sewers may still be private when you move in, even if they are intended to be adopted later.

Your conveyancer should establish the legal arrangements and explain who is responsible until adoption occurs.

• Which roads are already adopted?

• Which roads are intended for future adoption?

• Are road agreements and bonds in place where relevant?

• Which sewers are intended for adoption?

• Who maintains private drainage or SuDS features?

• What happens to maintenance costs while infrastructure remains private?

These points also connect directly with estate-management charges. Read our new build service charges and estate management fees guide.

4. Check estate-management arrangements

A freehold house can still be required to contribute towards private roads, landscaping, play areas, drainage or other communal facilities.

Your conveyancer should explain the transfer provisions that create those obligations, who can collect the money and how the charge is calculated.

For apartments, the management structure and service-charge provisions are usually even more important because they can cover major parts of the building.

5. Check whether the home is freehold or leasehold

Do not rely solely on the sales description. Your conveyancer should confirm the legal tenure from the contract and title documents.

If the home is leasehold, they should review the lease term, service charges, restrictions, management arrangements and any other payments.

If the home is freehold, they should still check estate-management obligations and restrictive covenants.

Our new build leasehold vs freehold guide explains the practical differences buyers should understand.

6. Check restrictive covenants

New build transfers and leases can contain rules about how the property can be used or altered.

• Parking commercial vehicles or caravans.

• Changing the external appearance.

• Building extensions.

• Installing satellite dishes or external equipment.

• Changing front gardens or boundaries.

• Running a business from the property.

• Keeping certain animals.

• Subletting or short-term letting in leasehold properties.

Restrictions vary by development. Ask your conveyancer to explain anything that could affect how you intend to use the home.

7. Check the structural warranty

Your conveyancer should confirm which new-home warranty or insurance arrangement applies to the property and whether it satisfies your lender's requirements.

Do not assume the provider simply because the developer is a major housebuilder. The exact scheme can vary between developments.

Read our new build warranty providers guide for the difference between common schemes.

8. Check the mortgage and incentives

Your conveyancer also acts for the mortgage lender in many transactions, which means they need to ensure the purchase complies with the lender's requirements.

Developer incentives must be disclosed accurately. Flooring, cashback, deposit contributions, legal-fee contributions or other incentives can be relevant to the lender and valuer.

Our new build incentives guide explains why incentives should never be kept off the paperwork.

9. Understand the exchange deadline

Developers frequently set a target date for exchange after reservation.

The important point is not to exchange merely because the sales office deadline is approaching. Your conveyancer needs to be satisfied that the legal position, mortgage and enquiries are sufficiently clear for you to commit.

Once contracts are exchanged, withdrawing can have serious financial consequences.

Our new build exchange of contracts guide explains what changes legally at that point.

10. Understand completion on notice

If the property is still under construction when you exchange, there may be no fixed completion date.

Instead, the contract can provide for completion after the developer serves notice that the property is ready. Your conveyancer should explain how much notice you will receive and what has to happen before notice can be served.

This matters for your mortgage, removals, rental notice and existing property sale.

11. Ask about the long-stop date

A long-stop date can provide an ultimate contractual deadline after which the buyer may gain rights if the property has still not reached the required completion stage.

The exact wording matters. Ask your conveyancer whether the contract contains a long-stop provision, what triggers it and what happens if the date is missed.

If you are worried about construction timing, read our new build completion delays guide.

12. Check what happens if your mortgage offer expires

A new build can be delayed beyond the validity period of the original mortgage offer.

Ask your mortgage adviser how long the offer lasts and what the lender's extension policy is. Your conveyancer should know the expiry date because exchange can bind you to the purchase even if the mortgage later becomes unavailable.

Our new build mortgage guide covers this risk in more detail.

13. Review the specification and incentives

Your conveyancer is not there to choose your kitchen, but important contractual promises about the property should be documented.

Make sure agreed incentives, upgrades and plot-specific items are properly recorded rather than relying on verbal statements from the sales office.

If the show home influenced your decision, compare it with our show home vs actual new build guide.

14. Check the completion paperwork

As the property approaches completion, your conveyancer should deal with the documents required by the contract, lender and warranty arrangement.

They should also tell you how much money is needed to complete, including the purchase balance, tax and legal costs.

The practical handover is separate from the legal completion. Use our new build handover checklist when you are preparing to collect the keys.

New build conveyancing checklist

• Choose a conveyancer experienced in new build transactions.

• Confirm the exchange deadline immediately.

• Check the exact plot and transfer plan.

• Understand road, sewer and drainage arrangements.

• Check estate-management or service-charge obligations.

• Confirm freehold or leasehold tenure.

• Review restrictive covenants.

• Confirm the structural warranty.

• Disclose all incentives to your lender and conveyancer.

• Understand completion on notice.

• Ask about the long-stop date.

• Check the mortgage-offer expiry date.

• Make sure agreed specification items are documented.

• Do not exchange until your legal adviser says the transaction is ready.

The bottom line

New build conveyancing is not just paperwork between reservation and key collection. It is the stage where the legal structure behind the home, estate, warranty and future ownership costs should be investigated.

Use an adviser who understands new developments, ask questions when something is unclear and do not let a sales deadline replace proper legal checks.

If you are at the beginning of the process, start with our new build reservation fee guide and off-plan buying checklist.