Conveyancing for New Build Properties: Timeline and Process

Buying a new build home from a developer is a fundamentally different experience from purchasing a resale property. The conveyancing process follows its own timeline, involves documents and checks that do not exist in standard transactions, and is often driven by the developer's schedule rather than your own. If you are purchasing a new build in England or Wales, understanding these differences is essential to avoiding costly surprises and unnecessary delays.

This guide explains the full new build conveyancing timeline from reservation to completion, the key documents and checks involved, and the common pitfalls that can derail the process. Whether your property is already built or still a plot on a construction site, the steps below will help you understand what to expect and how to prepare.

How new build conveyancing differs from resale

In a standard resale transaction, the seller already owns the property and the conveyancing process follows a well-established pattern: offer accepted, solicitors instructed, searches ordered, enquiries raised, exchange, and completion. The typical timeline is 12 to 16 weeks.

New build conveyancing diverges from this pattern in several important ways:

• The developer controls the contract. Instead of the standard Law Society contract used in most resale transactions, the developer's solicitor prepares a bespoke contract that is typically weighted in the developer's favour. Your solicitor needs to review this carefully and negotiate amendments where possible.
• Exchange happens before completion, often by months. Unlike a resale where exchange and completion are usually 1 to 2 weeks apart, new build buyers may exchange contracts while the property is still being built and then wait weeks or months for the build to finish.
• There is a reservation stage. Before formal conveyancing begins, you sign a reservation agreement and pay a reservation fee. This triggers a tight deadline to exchange contracts.
• Additional checks are required. Your solicitor must verify planning conditions, building regulations compliance, adoption agreements for roads and sewers, section 106 obligations, and the new build warranty.
• Completion depends on the build programme. Even after exchange, you cannot complete until the developer issues a notice confirming the property is finished, has passed all inspections, and the warranty provider has issued a cover note.

The reservation agreement stage

The process begins when you reserve a plot. You will visit the show home or sales office, choose your plot, and sign a reservation agreement. This document typically includes:

• The plot number and property type.
• The agreed purchase price.
• Any extras, upgrades, or incentives (such as flooring, kitchen upgrades, or stamp duty contributions).
• A non-refundable reservation fee, usually between £500 and £1,000.
• A deadline for exchange of contracts, typically 28 days from reservation.
• The developer's nominated solicitor details and your right to appoint your own solicitor.

The reservation fee secures the plot and takes it off the market. However, the reservation agreement is not a legally binding contract for the sale of the property itself. If you decide not to proceed or fail to exchange within the deadline, you will typically forfeit the reservation fee but have no further obligation. Equally, the developer is not legally bound until contracts are exchanged.

The 28-day exchange deadline is one of the biggest pressure points in new build conveyancing. Your solicitor needs to review the contract pack, carry out all necessary searches and checks, report to you, and get everything in order for exchange within this compressed timeframe. This is why it is critical to instruct your solicitor before or at the same time as reserving, not after.

Typical new build conveyancing timeline

The timeline below covers the process from reservation through to completion for a new build property in England or Wales. Where the property is already built and ready to occupy, the entire process can complete in 8 to 12 weeks. If the property is still under construction, add the remaining build time on top.

For a detailed look at what happens in the final stages, see our guide on what happens between exchange and completion.

NHBC Buildmark warranty and alternatives

One of the most important checks in new build conveyancing is confirming that the property has a recognised structural warranty. The vast majority of new build homes in the UK are covered by the NHBC Buildmark warranty, but several alternative providers exist.

The NHBC Buildmark warranty provides cover in two phases:

• Years 1 to 2 (builder warranty period): The developer is responsible for fixing defects that breach NHBC technical standards. This covers issues such as faulty plumbing, poor brickwork, defective windows, and inadequate insulation.
• Years 3 to 10 (insurance period): NHBC provides insurance cover against damage caused by defects in specified structural elements, including foundations, load-bearing walls, roof structure, and external render. The maximum claim value is the original purchase price or the rebuild cost, whichever is greater.

Your solicitor must verify that the warranty is properly registered and that the cover note has been issued before you complete. Without a recognised warranty, most mortgage lenders will refuse to lend on the property. The UK Finance Lenders' Handbook sets out which warranty providers are accepted by each lender.

If you later come to sell the property, the warranty transfers automatically to the new buyer. For more on this, see our guide on selling a new build property.

Developer exchange deadlines

Most developers require exchange of contracts within 28 days of reservation. This is significantly faster than a typical resale transaction and puts considerable pressure on both buyer and solicitor. Some developers offer a slightly longer window of 42 days, particularly for complex transactions or when the buyer is also selling another property.

The tight deadline exists because developers want certainty. Each unsold plot carries a cost, and a reserved-but-not-exchanged plot prevents them from marketing it to other buyers. From the developer's perspective, a 28-day exchange deadline filters out buyers who are not serious or financially prepared.

To meet the deadline, your solicitor needs to work efficiently from day one. The following steps help ensure you do not run out of time:

• Instruct your solicitor before reserving. Ideally, have your solicitor ready to act so they can begin work the moment the contract pack arrives.
• Have your mortgage agreement in principle ready. Your lender will need to carry out a valuation and issue a formal offer within the exchange deadline.
• Respond to your solicitor promptly. If your solicitor needs information or decisions from you, delays of even a few days can jeopardise the deadline.
• Be prepared for limited negotiation. Developer contracts are less negotiable than standard resale contracts. Your solicitor can push back on certain clauses, but wholesale redrafting is unlikely to be accepted within the timeframe.

CML/BSA handbook requirements for lenders

If you are buying with a mortgage, your lender will impose specific requirements for new build properties. These are set out in the UK Finance Lenders' Handbook (formerly the CML Lenders' Handbook) and the Building Societies Association (BSA) guidance. Key requirements include:

• A recognised new build warranty (NHBC Buildmark, LABC Warranty, Premier Guarantee, or equivalent) must be in place.
• The property must have building regulations completion certification or an equivalent sign-off.
• The developer must not be connected to the buyer in a way that could affect the purchase price (to prevent artificially inflated valuations).
• Any incentives offered by the developer (such as cashback, furniture packages, or stamp duty contributions) must be disclosed to the lender, as they can affect the loan-to-value calculation.
• If the developer is providing more than 5% of the purchase price in incentives, many lenders will reduce the amount they are willing to lend.

Your solicitor acts for both you and your lender in most new build transactions and must certify that these requirements have been met before the lender will release funds. Any failure to meet the handbook requirements can delay or prevent completion.

Planning conditions and adoption agreements

New build developments are subject to planning conditions imposed by the local planning authority. These conditions may require the developer to carry out specific works before any homes can be occupied, such as providing affordable housing, building access roads, installing drainage systems, or contributing to local infrastructure. Your solicitor should check that all pre-occupation planning conditions have been satisfied.

Section 106 agreements

Large developments often have a section 106 agreement (under the Town and Country Planning Act 1990) between the developer and the local authority. This may impose obligations that affect your property, such as restrictions on use, affordable housing requirements, or financial contributions to local services. Your solicitor must review the section 106 agreement to ensure no obligations fall directly on you as the buyer.

Road and sewer adoption

One of the most overlooked aspects of new build conveyancing is whether the roads, footpaths, and sewers on the development will be adopted (taken over) by the local authority or water company. Without adoption:

• Roads and footpaths remain privately maintained, meaning homeowners share the cost of repairs and upkeep through estate management charges.
• Sewers remain the responsibility of the management company rather than the water company, which can create problems if maintenance is neglected.

Adoption agreements are governed by section 38 of the Highways Act 1980 (roads) and section 104 of the Water Industry Act 1991 (sewers). Your solicitor should confirm whether these agreements are in place and, if not, what alternative arrangements exist for ongoing maintenance. A conveyancing checklist can help ensure nothing is missed.

Common delays specific to new builds

While standard conveyancing delays (slow searches, unresponsive solicitors, chain issues) can affect new builds too, there are several delay causes unique to new build transactions:

Snagging lists and defects liability periods

Before or shortly after completion, you should carry out a thorough inspection of the property to identify any defects or unfinished work. This is known as a snagging inspection, and the resulting list of issues is your snagging list.

Common snagging items include poorly fitted doors and windows, paint imperfections, gaps in sealant or grouting, uneven plastering, scratched glass, incorrectly wired sockets, and incomplete external landscaping. While individually minor, a long snagging list can indicate broader quality issues with the build.

You can inspect the property yourself or hire a professional snagging surveyor. Professional surveys typically cost between £300 and £600 and are worth the investment, as surveyors know what to look for and will identify issues you might miss. For more on costs, see our guide on snagging survey costs for new builds.

The defects liability period (sometimes called the builder's warranty period) is the first two years after completion, during which the developer is responsible for rectifying defects that breach the warranty standards. Under the Consumer Code for Home Builders, the developer must have a clear after-sales procedure for reporting and resolving defects. Keep written records of all reported snags and the developer's responses.

The role of the long stop date

The long stop date is one of the most important clauses in a new build contract. It sets a final deadline by which the developer must complete the property and be ready for legal completion. If the developer fails to meet this deadline, the buyer has the right to rescind the contract and receive a full refund of their deposit.

Long stop dates are typically set 12 to 18 months after the anticipated completion date, giving the developer a generous buffer for delays. However, the clause serves as an essential safeguard against indefinite delays. Without a long stop date, a buyer could be locked into a contract with their deposit held by the developer for years while the build stalls.

Your solicitor should carefully review the long stop date clause and ensure it is reasonable. Some developers attempt to set excessively long periods or include provisions that allow them to extend the date unilaterally. Your solicitor should resist these provisions and negotiate a fair timeframe. For a deeper exploration of how long stop dates work and what to watch for, see our guide on what is a long stop date.

Tips for a smoother new build conveyancing process

Based on the most common causes of delay and frustration in new build transactions, here are practical steps to keep the process on track:

1. Instruct your solicitor early. Have a solicitor ready before you visit the show home. If you find a plot you want, your solicitor can start work immediately rather than losing days to initial setup.
2. Choose a solicitor with new build experience. Developer contracts are non-standard and require specific expertise. A solicitor unfamiliar with new build transactions may miss important issues or struggle with the tight deadlines.
3. Get your mortgage agreement in principle before reserving. This significantly reduces the risk of missing the exchange deadline due to mortgage delays.
4. Disclose all incentives to your lender upfront. Developer incentives that are not declared can cause the mortgage offer to be withdrawn at a late stage.
5. Ask about adoption agreements early. If roads and sewers will not be adopted, factor the ongoing estate management charges into your budget.
6. Book a snagging inspection as soon as you receive the notice of completion. The sooner defects are identified, the sooner the developer can address them.
7. Keep communication records. Document every conversation with the developer, sales office, and solicitor in writing. If disputes arise later, written records are invaluable.

Sources and further reading

• What does Buildmark cover? (NHBC)
• Consumer Code for Home Builders
• UK Finance Lenders' Handbook
• Buying a new build home (The Law Society)
• Use of planning conditions (GOV.UK)
• Highways Act 1980, section 38 (legislation.gov.uk)
• Water Industry Act 1991, section 104 (legislation.gov.uk)
• HM Land Registry (GOV.UK)

Related guides

• Week-by-Week Conveyancing Timeline for Sellers
• S38 Agreements: Highway Adoption and Your Sale

Frequently asked questions