LEGAL
With the number of new builds increasing, you could find yourself committing to buying a house before the builders have even broken ground. Stephen Ward, Director of Strategy and External Relations at the Council for Licensed Conveyancers, explains why it is so important to choose the correct conveyancer when buying a new build home New builds: Choose the right conveyancer
handing it over. We recommend instructing an independent expert here too. Developers will usually undertake any remedial works needed within the first two years of you purchasing your home, after which it will depend on what’s in your new home warranty. CONTRACT CAUTION When purchasing property, it is important to have the required documentation ready and especially important with new builds, where time is of the essence. It is also essential that you instruct an experienced conveyancer who can advise on any clauses specific to new builds that you may want to include in your contract. For example, what the provisions are for dealing with snagging (problems identified with the build) and what will happen in the event of any delays such as a “long stop” completion date allowing you to walk away if it takes too long. It is your conveyancer’s job to make sure you understand what’s involved and to provide clear and timely updates throughout. They should also be regulated so you have access to redress should anything go wrong.
They should include the purchase price, reservation fee, that the sale is “subject to contract”, the 14-day cooling off period, your right to terminate, how long the reservation period lasts, details of the property (including tenure), new home warranty, and any other fees or costs that may be incurred. Buyers also have a right to be informed of anything that alters the size, appearance or value of their new home, and their right to pull out if they disagree. CONVEYANCING CHECKS As with any property purchase, there are certain checks that must be carried out. These include checking that planning permission, if necessary, has been obtained and adhered to, that utilities are properly established, and whether there are any restrictive covenants that could affect changes you may want to make or what you can use the property for. Your conveyancer may have significantly less time to do these than with an older property, but they are still just as important and none more so than the pre-completion inspection or “snagging” survey. This is where, on completion of the building works, a professional inspects the property room by room and lists everything, from cosmetic issues to more serious structural defects, that the developer must resolve before
Recent figures released by the National House Building Council show the number of new homes registered to be built in 2025 – 115,350 – rose by 11% compared to the previous year. Purchasing property “off-plan”, based on architectural designs, can feel counter- intuitive when you’re used to viewing bricks and mortar, and when it comes to conveyancing – the legal process of transferring ownership between buyer and seller – there are several key differences too. Developers may recommend conveyancers, but it is strongly advised that you shop around and choose for yourself a licensed conveyancer experienced in new build sales who will ensure your interests are protected. RESERVING YOUR PROPERTY When buying a new build, you will usually deal directly with the developer who will in the first instance require you to sign a reservation agreement and pay a deposit, which is often non-refundable. Unlike buying an older property, you will typically then have to exchange contracts within 28 days, which is why instructing a conveyancer at an early stage is vital. The New Homes Quality Board sets out exactly what to expect from a reservation agreement in its New Homes Quality Code.
You can find a list of CLC-regulated conveyancers at clc-uk.org
80 First Time Buyer April/May 2026
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