New build conveyancing checklist

The 12-item checklist

The items your solicitor should cover before exchange. Use this list to keep track of what’s been checked and what’s still outstanding.

What your solicitor checks

The new build solicitor checks split into five categories. This is the legal back-office work that turns a reservation into a completed purchase.

New build risks to watch

Eight things that catch UK first-time buyers off-guard specifically on new builds — and rarely come up on resales.

• Short exchange deadline

  Most developers demand exchange within 28 days of reservation. Miss it and you usually forfeit the reservation fee. Your solicitor and mortgage broker MUST be lined up before you reserve.

• Incentives not disclosed to lender

  Stamp duty paid, deposit contribution, carpets, white goods — every incentive must appear on the CML disclosure form. Undisclosed incentives can be treated as misrepresentation and the lender may reduce the loan or pull the offer entirely.

• Completion date uncertainty

  Build completion is the developer's call, not yours. You typically get 10-14 days' notice. If you're tied to a sale, school start date, or rental notice period, this needs careful coordination.

• Estate rentcharges

  Many modern developments have an estate management company that charges residents annually for upkeep of shared spaces. Unlike a leasehold service charge, an estate rentcharge can run on a freehold property — and pre-1977 rentcharges can theoretically allow re-entry for non-payment.

• Unadopted roads or sewers

  If the local authority hasn't adopted (taken responsibility for) the roads or sewers, residents pay for maintenance — usually via the estate management company. Confirm S38 / S104 status before exchange.

• Leasehold and service charge terms

  If buying a new build flat, scrutinise the lease length (should be 990+ years), ground rent (should be peppercorn / £0 on post-2022 leases), service charge budgets, and any restrictive provisions (subletting, alterations, pets).

• Warranty not confirmed

  Most lenders refuse to lend on a new build without a recognised structural warranty (NHBC, LABC, Premier, Checkmate, BLP). Your solicitor confirms the warranty is in place at completion.

• Snagging is not legal completion

  Snagging covers cosmetic defects discoverable after move-in. It does NOT replace your solicitor's pre-completion checks. Don't let an enthusiastic developer rush completion before legal checks are settled because 'snagging will catch the rest'.

Questions to ask your solicitor

Twelve concrete questions worth running past your solicitor during your new build conveyancing. Bring this list to your first call.

• ?Have all developer incentives been disclosed on the CML disclosure form to my lender?
• ?What is the exchange deadline in the reservation agreement, and is it realistic given my mortgage timing?
• ?Is the road adopted (S38) and are the sewers adopted (S104)? If not, what's the maintenance cost route?
• ?Is there an estate management company? What's the annual rentcharge, and what does it cover?
• ?If leasehold: what's the lease length, the ground rent, and the service charge for year one?
• ?Has Section 106 been fully satisfied or properly bonded?
• ?Which warranty provider covers this development (NHBC, LABC, Premier, Checkmate, BLP)?
• ?What's the long-stop date? What happens if the developer misses it?
• ?When does the notice-to-complete period start, and how many days do I have to draw mortgage funds?
• ?Has Building Regulations sign-off been issued for my plot?
• ?Are there any restrictive covenants I should know about (extensions, businesses, parking, pets)?
• ?If anything changes during the build period (incentives, layout, materials), how am I told?

New build conveyancing timeline

Eight stages from reservation to keys. Note that the exchange window (the start) is fast and the completion wait (the end) is long — the opposite shape of a typical resale.

1. 1
   Reservation

   Pay the reservation fee (typically £500-£2,000), receive the reservation agreement, and agree the price. The clock starts on the exchange deadline (usually 28 days).

2. 2
   Instruct your solicitor

   Day 1 ideally. A solicitor specifically experienced in new builds is worth it — they recognise the developer-template contract patterns and the typical incentive structures.

3. 3
   Mortgage application progressed

   If you weren't already at AIP stage, get the full application moving immediately. New build mortgage offers have validity periods (often 3-6 months) and may need re-issuing if completion slips.

4. 4
   Searches and enquiries

   Local authority, environmental, drainage, plus developer-specific enquiries (warranty, building regs, incentives disclosure, estate management). Your solicitor reviews the contract pack against your lender's requirements.

5. 5
   Exchange of contracts

   By the deadline in the reservation agreement. Your deposit (typically 5-10%) goes to the developer's solicitor. After exchange, you're legally committed but the completion date depends on build progress.

6. 6
   Build completion

   The developer's call. Could be months after exchange depending on where you are in the build phasing. Estate management documents and final warranty certificates are produced around this point.

7. 7
   Notice to complete

   The developer formally serves notice. You typically have 10-14 days to complete from this date. Mortgage funds must be drawn down, SDLT prepared, and Building Regs final certificate confirmed in this window.

8. 8
   Completion

   Funds transfer, you get the keys. Pre-completion snagging visit (if your developer permits) ideally happens just before. Post-completion: snagging within 2 years, warranty registration, and SDLT submission within 14 days.

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