At a Glance: New Build vs Resale Conveyancing
| Aspect | Resale Purchase | New Build Purchase | Why It Matters |
|---|---|---|---|
| Contract type | Standard Conditions of Sale (5th edition) | Developer's bespoke contract (often one-sided) | Less room to negotiate; clauses may favour the developer |
| Contract pack size | Typically 20-40 pages | Often 100-300+ pages | More documents to review; easy to miss critical terms |
| Property existence | Property already built and inspectable | May be off-plan, partially built, or just completed | You may be committing to buy something that doesn't exist yet |
| Title | Established title with history | First registration — no title history | No precedent for boundary disputes or rights of way |
| Searches | Standard suite of 5-6 searches | Same searches plus additional new build-specific checks | Contaminated land, planning conditions, and adoption status need extra scrutiny |
| Survey | Homebuyer's report or full building survey recommended | Survey rarely possible; snagging inspection instead | Structural issues harder to identify before completion |
| Warranty | None (unless recent build with remaining warranty) | NHBC Buildmark, Premier Guarantee, or LABC warranty | 10-year structural cover, but terms vary and exclusions apply |
| Exchange to completion | Typically 2-4 weeks, date agreed by both parties | Could be days or months; developer controls the date | Mortgage offer and arrangements must flex around developer's programme |
| Completion date | Fixed date agreed at exchange | Often a 'notice to complete' triggered by developer | You may get just 10-14 days' notice to complete |
| Longstop date | Not applicable | Contractual backstop — typically 6-24 months after exchange | If the developer doesn't finish by this date, you can rescind |
| Price negotiation | Offer and counter-offer before exchange | Price usually fixed; incentives negotiated instead | Developer incentives (flooring, stamp duty, deposit contribution) affect valuation |
| Chain | Often part of a chain | No upward chain (developer is the seller) | Reduces one major source of delay, but developer delays replace it |
| Leasehold complexity | Existing lease with known track record | Brand new lease drafted by developer's solicitor | Ground rent escalation, service charge estimates, and management terms are untested |
| Management/estate charges | Known history of charges and management quality | No history; projected estimates only | Charges can escalate significantly once the estate is established |
| Typical conveyancing timeline | 8-12 weeks from offer accepted | 4-26+ weeks depending on build stage | Off-plan purchases mean exchanging early and waiting months for completion |
| Solicitor cost | £800-£1,500 + disbursements | £1,000-£2,500 + disbursements (leasehold higher) | More complex work justifies higher fees; don't choose on price alone |
The Contract: Where the Biggest Differences Begin
In a resale purchase, the contract is usually based on the Law Society's Standard Conditions of Sale. These are well understood, balanced between buyer and seller, and your solicitor will have reviewed hundreds of similar contracts. Amendments are limited and typically negotiable.
New build contracts are entirely different. The developer's legal team drafts a bespoke contract designed to protect the developer's interests. This contract will typically:
- Run to 50-100+ pages before you even count the attachments
- Include a specification document that describes what you're buying (and what you're not)
- Give the developer the right to make 'minor' changes to the property, the estate layout, or the specification without your consent
- Set a completion mechanism that the developer controls
- Include a longstop date that may be 18-24 months away
- Contain restrictive covenants that limit what you can do with your property after purchase
- Require you to use certain maintenance companies or contribute to estate charges
What Your Solicitor Should Do Differently
| Contract Element | Resale Approach | New Build Approach |
|---|---|---|
| Review scope | Check standard conditions, review any amendments | Read every clause of the bespoke contract; flag developer-favourable terms |
| Specification | N/A — property exists and has been surveyed | Cross-reference specification against marketing materials and show-home promises |
| Variation clause | N/A | Negotiate limits on what the developer can change without consent |
| Completion mechanism | Agree a fixed date | Review notice period, ensure adequate time to arrange mortgage drawdown and removal |
| Longstop date | N/A | Ensure longstop exists, is reasonable, and your deposit is refundable if triggered |
| Restrictive covenants | Review existing covenants on title | Scrutinise new covenants being imposed — some may affect future resale value |
| Incentives | N/A | Ensure any developer incentives (flooring, appliances, deposit contribution) are written into the contract, not just verbal promises |
| Consumer Code | N/A | Verify the developer is registered with the Consumer Code for Home Builders and that the contract complies |
Red Flags in New Build Contracts
| Red Flag | What It Means | What to Do |
|---|---|---|
| No longstop date | The developer has unlimited time to complete — you're locked in indefinitely | Insist on a longstop date being added; 18-24 months from exchange is standard |
| Deposit non-refundable on rescission | Even if you're entitled to cancel, you lose your deposit | Negotiate refundability if rescission is triggered by developer delay or breach |
| Unlimited variation rights | Developer can change the property, materials, layout, or estate plan without limit | Push for 'material change' consent clause or right to rescind if changes are substantial |
| Completion notice under 14 days | You may not have time to arrange mortgage drawdown | Negotiate minimum 14-day notice; 21 days is preferable |
| Doubling ground rent | Ground rent doubles every 10-25 years, making the property unmortgageable | Post-June 2022 leases must have peppercorn ground rent; for earlier plots, reject doubling clauses |
| No defects liability period | Developer has no contractual obligation to fix defects after completion | Ensure a minimum 2-year defects period is included (most major developers offer this) |
| Compulsory management company | You must use the developer's chosen managing agent with no right to change | Check if Right to Manage applies; review initial management agreement terms |
| Overage clause | Developer retains a share of future uplift if you get planning permission for changes | Assess whether this could realistically affect you; negotiate removal if possible |
For a detailed breakdown of every contract clause and what to negotiate, see our new build contracts guide.
The Contract Pack: What You Receive and Why It's Bigger
A resale contract pack typically contains the contract, property information forms (TA6 and TA10), the title register, title plan, any existing lease, and perhaps a handful of planning documents. You might be looking at 30-50 pages in total.
A new build contract pack is substantially larger. Here's what it typically includes:
| Document | In Resale Pack? | In New Build Pack? | Purpose |
|---|---|---|---|
| Contract of sale | Yes (standard form) | Yes (bespoke, 50-100+ pages) | Sets out terms of the purchase |
| Title register and plan | Yes (established) | Yes (first registration draft) | Shows what you're buying and any encumbrances |
| Property information form (TA6) | Yes | Sometimes (developer equivalent) | Discloses known issues, disputes, boundaries |
| Fixtures and fittings form (TA10) | Yes | Replaced by specification | What's included in the sale |
| Specification document | No | Yes | Detailed description of materials, finishes, appliances |
| Site plan / estate layout | No | Yes | Shows plot location, roads, communal areas, future phases |
| Planning permission and conditions | Sometimes | Yes (including Section 106 agreement) | Conditions that may affect the property or estate |
| Section 106 / Section 75 agreement | Rarely | Yes | Planning obligations (affordable housing, infrastructure contributions) |
| Management company memorandum and articles | No (unless leasehold) | Yes (if estate charges apply) | Governs who manages communal areas and how charges are set |
| Draft lease (if leasehold) | Yes (existing lease) | Yes (brand new lease) | Terms of your leasehold ownership |
| NHBC / warranty documentation | No | Yes | Structural warranty terms, cover periods, claims process |
| CML / UK Finance lender requirements | Sometimes | Yes (new build-specific) | Confirms the property meets mortgage lender requirements |
| Adoption agreements (roads and sewers) | No | Yes (or confirmation of status) | Whether roads and drains will be adopted by the local authority |
| Transfer deed (TR1) | Yes | Yes (with new build-specific provisions) | The document that legally transfers ownership |
| Energy Performance Certificate | Yes | Yes (predicted EPC for off-plan) | Energy efficiency rating |
| Restrictive covenants schedule | Sometimes | Yes (often extensive) | What you cannot do with the property |
Your solicitor needs to review every document in this pack. A pack that arrives late, incomplete, or in stages is a common problem with new build conveyancing — and one reason it takes longer and costs more than resale work.
Searches: Same Starting Point, Different Focus
Both resale and new build purchases require the same core searches. But what your solicitor is looking for — and the additional checks they should carry out — differs substantially.
| Search | Resale Focus | New Build Focus |
|---|---|---|
| Local authority search | Planning history, building control records, road schemes | Same, plus: are planning conditions satisfied? Is the Section 106 complied with? Future phases approved? |
| Environmental search | Contamination risk, flood risk, subsidence | Critical: the site may have been industrial land, a landfill, or required remediation. Was remediation completed and certified? |
| Water and drainage search | Connection to mains, drainage map | Same, plus: will the sewers and drains be adopted by the water company? Are they on an adoption agreement (Section 104)? |
| Chancel repair liability search | Standard check | Standard check (sometimes indemnity insurance offered instead) |
| Mining / tin / brine search | Where applicable | Where applicable — plus ground stability for the specific plot |
| Land Registry search | Confirms current owner, check for new entries | Confirms developer owns the land; check for charges, restrictions, or third-party interests |
Additional New Build Checks
Beyond standard searches, a solicitor experienced in new builds should also verify:
- Building regulations sign-off: Has the local authority issued a completion certificate, or will an NHBC / approved inspector certificate be provided instead?
- Road adoption (Section 38 agreement): Will the estate roads be adopted by the local highways authority? If not, who maintains them and at whose cost?
- Sewer adoption (Section 104 agreement): Same question for drainage. Unadopted sewers mean you could be liable for repair costs
- Planning conditions compliance: Are all conditions on the planning permission discharged? Outstanding conditions can cause problems
- Affordable housing obligations: Does the Section 106 impose restrictions on the plot (relevant for shared ownership and some discounted market sale properties)?
- Contamination remediation: If the site was previously industrial, was remediation carried out and independently verified?
- Flood risk management: What sustainable drainage systems (SuDS) are in place? Who maintains them?
Title: First Registration vs Established Title
When you buy a resale property, it already has a title registered at the Land Registry. Your solicitor can review the title history, see past transfers, check existing charges and restrictions, and identify any problems that previous buyers and their solicitors have already dealt with.
A new build property has no title history. This is a first registration, which means:
| Issue | Resale | New Build |
|---|---|---|
| Title history | Full history available | No history — title is created from scratch |
| Boundaries | Established (though sometimes disputed) | Defined by the developer's plan — may not match reality once built |
| Rights of way | Usually well-documented | Being created for the first time — easy to get wrong |
| Easements | Existing and recorded | New easements granted/reserved by the developer (drainage, access, services) |
| Restrictive covenants | Historical — impact is known | New — impact on you and future buyers is untested |
| Registration timing | Transfer registered quickly | First registration can take 6-12+ months at Land Registry |
Your solicitor must carefully review the transfer deed (TR1) to ensure all necessary rights are included, all reservations by the developer are reasonable, and the boundaries match the plot you've agreed to buy. Errors at this stage can take years and significant legal costs to correct.
The Timeline: Who Controls the Clock?
In a resale purchase, the timeline is broadly collaborative. You and the seller agree on an exchange date and a completion date. Yes, chains cause delays, but ultimately neither party can force completion without mutual agreement (absent an existing contract).
New build transactions are different. The developer controls the clock.
Timeline Comparison
| Stage | Resale Typical Timeline | New Build Typical Timeline | Key Difference |
|---|---|---|---|
| Offer accepted to instruction | Same week | Reservation signed same day/week | Developer often pressures quick reservation with non-refundable fee |
| Contract pack received | 2-4 weeks | 1-6 weeks (often late) | Developer's solicitors handle hundreds of plots; delays are common |
| Enquiries raised and answered | 2-6 weeks | 2-8 weeks | Developer solicitors batch-process replies; your solicitor has less leverage to speed things up |
| Searches returned | 2-6 weeks | 2-6 weeks | Similar timeframe, but additional checks needed |
| Mortgage offer | 2-4 weeks | 2-4 weeks (but offer expiry is a risk) | If build is delayed, your mortgage offer may expire before completion |
| Exchange | 8-12 weeks from offer | Varies hugely: 4-16 weeks | Developer may pressure exchange within 28 days of reservation |
| Exchange to completion | 2-4 weeks (agreed date) | Days to 12+ months | Developer gives notice when the property is ready; you must complete within the notice period |
| Total timeline | 10-16 weeks | 6-78+ weeks | Off-plan purchases mean exchanging early and waiting months |
The 28-Day Exchange Pressure
Most developers include a clause in the reservation agreement requiring you to exchange contracts within 28 days. If you don't, they can cancel the reservation and keep your reservation fee (typically £500-£2,000). This creates intense time pressure that doesn't exist in resale transactions.
In practice, 28 days is tight for your solicitor to receive the contract pack, review it thoroughly, raise enquiries, get answers, order and receive searches, and secure your mortgage offer. An experienced new build solicitor will prioritise critical tasks and manage the developer's expectations, but you should be prepared for the possibility that 28 days isn't enough.
For more on reservation fees and the 28-day deadline, see our reservation fees guide.
The Completion Notice
In resale, you agree a completion date at exchange. In new build, the developer typically gives you a 'notice to complete' when the property is ready, and you must complete within the notice period (usually 10-14 days, sometimes 21 days). This means:
- Your mortgage lender must be ready to release funds at short notice
- You need to arrange removals, redirections, and time off work quickly
- If your mortgage offer has expired, you're in serious trouble
- If you can't complete in time, you may face daily penalty interest charges
The Lease: New vs Existing
If you're buying a leasehold new build (most flats and some houses), the differences from a resale leasehold purchase are significant.
| Lease Element | Resale Leasehold | New Build Leasehold |
|---|---|---|
| Lease length | Original term minus years elapsed (e.g., 99 years remaining) | Full term granted (typically 125 or 999 years) |
| Ground rent | Whatever the original lease states (may include escalation) | Peppercorn (zero) for leases granted after 30 June 2022; older plots may have higher ground rent |
| Service charge history | Actual accounts available for review | Developer's estimate only — no actual spending history |
| Sinking fund / reserve fund | Existing fund balance visible | No fund balance yet — you start from zero |
| Management company | Known track record; may have been through RTM | Developer-appointed; no performance record |
| Known problems | Disputes, cladding issues, and structural problems should be disclosed | No history to disclose — problems emerge later |
| Lease extension | May need extending if under 80 years | Not a concern at purchase — full term remaining |
| Building Safety Act compliance | Check existing compliance status | Should comply from day one — but check building safety case and Accountable Person details |
Ground Rent: The Law Changed in 2022
The Leasehold Reform (Ground Rent) Act 2022 means that any new residential lease granted on or after 30 June 2022 must have a ground rent of zero (a 'peppercorn'). This was a direct response to the ground rent scandal where developers imposed doubling ground rent clauses that made properties unmortgageable.
However, if you're buying a property where the lease was granted before this date (for example, an earlier phase of the same development), the old ground rent terms still apply. Your solicitor must check the lease date carefully and advise you on the implications of any ground rent clause.
Surveys and Inspections: A Completely Different Approach
In resale conveyancing, your solicitor will strongly advise you to get a survey — a homebuyer's report or a full building survey. This is a qualified surveyor's assessment of the property's condition, identifying defects, risks, and estimated costs of repair.
For new builds, the situation is different:
| Aspect | Resale | New Build |
|---|---|---|
| Pre-purchase survey | Homebuyer's report or building survey strongly recommended | Rarely possible — property may not be built yet or access may be restricted |
| Mortgage valuation | Based on existing, inspectable property | May be a desktop valuation, drive-by, or based on plans |
| Snagging inspection | Not applicable | Essential — identifies defects and unfinished work before or shortly after completion |
| Structural protection | Buyer beware (caveat emptor) | 10-year NHBC or equivalent warranty provides structural cover |
| Defects liability | None from the seller | Developer typically liable for defects for 2 years after completion |
The absence of a traditional survey for new builds means buyers rely more heavily on the warranty, the snagging process, and the developer's defects liability period. Your solicitor should ensure all three are properly documented in the contract.
Mortgage Considerations: New Build-Specific Complications
Getting a mortgage on a new build involves additional complications that your solicitor and broker must navigate.
| Mortgage Issue | Resale | New Build |
|---|---|---|
| Offer validity | Typically 6 months — usually sufficient | May expire before build completion; extension or re-application needed |
| Incentive disclosure | Not applicable | All developer incentives must be disclosed to the lender — failure to do so is mortgage fraud |
| Valuation basis | Based on comparable sales of existing properties | Based on comparable new builds; down-valuation risk if incentives are excessive |
| Lender restrictions | Minimal — most lenders will consider | Some lenders won't lend on new builds, specific developers, or certain construction types |
| LTV limits | Up to 95% widely available | Many lenders cap new build at 85% LTV, especially for flats |
| Drawdown timing | Agreed completion date — planned in advance | Short-notice completion — lender must release funds quickly |
| Warranty requirement | Not required | Most lenders require NHBC, Premier Guarantee, LABC, or equivalent warranty |
| Leasehold requirements | Existing lease reviewed | New lease must meet UK Finance Handbook requirements (lease length, ground rent, etc.) |
The Down-Valuation Risk
New builds sell at a premium over resale properties — typically 10-20% more. If the lender's valuer considers the premium excessive, or if the developer's incentives effectively inflate the price, the valuation may come in below the purchase price. This means:
- You need a larger deposit to bridge the gap
- Your LTV changes, potentially affecting the interest rate
- In extreme cases, the mortgage offer is withdrawn entirely
Your solicitor must ensure all incentives are disclosed to the lender accurately. Concealing incentives to inflate the apparent purchase price is mortgage fraud, regardless of whether the developer suggests it.
Exchange and Completion: The Developer's Rules
Exchange
| Exchange Element | Resale | New Build |
|---|---|---|
| Timing | When both parties are ready | Developer pressures exchange within 28 days of reservation |
| Deposit | Typically 10% (negotiable, often 5%) | Usually 10%; developer deposit contributions may reduce cash needed |
| Deposit protection | Held by seller's solicitor as stakeholder | Should be held as stakeholder; some developers push for 'agent' — your solicitor should resist |
| Conditions | Minimal — exchange is usually unconditional | May be subject to build completion, planning conditions, or warranty registration |
| Risk | Property already exists; risk is known | You're committed to buying something that may not be finished yet |
Completion
| Completion Element | Resale | New Build |
|---|---|---|
| Date | Fixed at exchange | Developer gives notice when ready |
| Notice period | N/A | Typically 10-21 days |
| Penalty for late completion | Contractual interest (both ways) | Daily penalty interest charged to buyer; developer rarely penalised for late build |
| Pre-completion inspection | Informal viewing | Snagging inspection — critical for identifying defects |
| Keys | Collected from estate agent on completion day | Collected from site sales office; developer may restrict access until afternoon |
| Defects on completion | Buyer beware — should have been identified by survey | Snagging list submitted; developer must rectify within defects liability period |
Post-Completion: It's Not Over When You Get the Keys
Post-completion work differs significantly for new builds:
| Post-Completion Task | Resale | New Build |
|---|---|---|
| Stamp duty (SDLT) | Filed and paid within 14 days | Same deadline — but any incentives affecting the price must be correctly reflected |
| Land Registry registration | Transfer of existing title | First registration — more complex; can take 6-12+ months |
| Title deeds | Received promptly | May be delayed due to first registration backlog |
| NHBC warranty registration | N/A | Confirm registration; keep documentation safe |
| Snagging follow-up | N/A | Chase developer to complete snagging repairs within the defects liability period |
| Management company setup | Already established | May need to join residents' management company; check obligations |
| Road and sewer adoption | Already adopted (usually) | Monitor progress — adoption can take 2-5+ years after completion |
Why You Need a Solicitor with New Build Experience
The differences outlined above make it clear that new build conveyancing requires specialist knowledge. Here's why a solicitor's new build experience specifically matters:
| Scenario | Generalist Solicitor | New Build Specialist |
|---|---|---|
| Developer's bespoke contract arrives | Reviews it against standard expectations; may not recognise developer-specific traps | Recognises common developer clauses, knows which are negotiable, and has template amendments ready |
| 28-day exchange deadline approaching | May panic or rush through checks | Knows which checks are critical pre-exchange and which can follow; manages the deadline effectively |
| Adoption agreements missing from pack | May not notice the omission | Flags it immediately — knows unadopted roads/sewers mean ongoing costs for buyers |
| Developer offers a 5% deposit contribution | May not understand lender implications | Knows how to disclose incentives correctly and which lenders will accept them |
| Ground rent clause in the lease | Notes it but may not advise on long-term impact | Calculates the 25-year and 50-year cost; advises whether it makes the property unmortgageable in future |
| Completion notice arrives with 10 days' notice | May not realise the urgency | Immediately contacts lender for drawdown, confirms completion arrangements, prepares all documents |
| Management pack is vague on costs | Accepts developer's assurances | Pushes for detailed estimates, checks comparable developments, warns about escalation patterns |
How to Check a Solicitor's New Build Credentials
- Ask directly: 'What percentage of your current caseload is new build conveyancing?' — look for at least 30-40%
- Developer panel membership: Being on a developer's approved panel shows experience, but remember the solicitor's duty is to you, not the developer
- Ask about specific developers: 'Have you acted for buyers on [developer name] sites before?' Familiarity with a specific developer's contract style is genuinely helpful
- Response to the 28-day question: 'How do you handle the 28-day exchange deadline?' A confident, experienced answer is reassuring
- Online reviews: Search for reviews from other new build buyers specifically
- Conveyancing Quality Scheme (CQS): Law Society accreditation that many mortgage lenders require
For a full guide to choosing a solicitor and the entire conveyancing process, see our complete new build conveyancing guide.
Developer's Solicitor vs Your Own Solicitor
Developers sometimes recommend (or even insist on) using their panel solicitor, often offering to pay your legal fees as an incentive. This raises an important conflict-of-interest question.
| Factor | Developer's Recommended Solicitor | Your Own Independent Solicitor |
|---|---|---|
| Cost to you | Often 'free' (developer pays) | £1,000-£2,500+ depending on complexity |
| Speed | May be faster — familiar with the developer's contract pack | May take longer initially — needs to review unfamiliar contract |
| Independence | Potential conflict: solicitor's referral relationship depends on keeping the developer happy | Fully independent — duty is solely to you |
| Willingness to push back | May be reluctant to challenge the developer's terms aggressively | No relationship with the developer to protect |
| Knowledge of the contract | Already familiar with this developer's standard contract | Needs to learn the specific contract — but brings fresh eyes |
| Post-completion support | May be less engaged once the developer has been paid | Your ongoing relationship; more likely to support you on post-completion issues |
The Consumer Code for Home Builders requires developers to inform you that you have the right to use your own solicitor. If a developer pressures you to use their recommended firm or implies the process will fail without them, that's a red flag. The money you save using a 'free' solicitor may cost you far more if contract terms are not properly scrutinised.
Scotland: Key Differences in New Build Conveyancing
Scottish conveyancing operates under a different legal system, and there are specific differences for new builds:
| Element | England and Wales | Scotland |
|---|---|---|
| Legal professional | Solicitor (or licensed conveyancer) | Solicitor only (licensed conveyancers don't operate in Scotland) |
| Contract terminology | Exchange of contracts → completion | Conclusion of missives → settlement |
| Binding point | Exchange of contracts | Conclusion of missives (final letter in the series) |
| Registration | Land Registry (England and Wales) | Registers of Scotland |
| Stamp duty equivalent | SDLT (Stamp Duty Land Tax) | LBTT (Land and Buildings Transaction Tax) |
| Leasehold | Common for flats | Rare — most properties are freehold (or 'heritable'). Long leases for flats converted to ownership under 2012 Act |
| Factoring (management) | Managing agent regulated by RICS/ARMA | Property factor registered under Property Factors (Scotland) Act 2011 |
| Warranty | NHBC, Premier Guarantee, LABC | Same warranty providers; NHBC is most common in Scotland too |
| Superseding conditions | Not applicable | Missives may include 'superseding conditions' — clauses that survive settlement. Important for defects liability |
If you're buying a new build in Scotland, ensure your solicitor is experienced in Scottish new build transactions specifically — the process and terminology differ substantially from English conveyancing.
Common Mistakes When Treating a New Build Like a Resale
| Mistake | What Goes Wrong | How to Avoid It |
|---|---|---|
| Using a solicitor with no new build experience | Critical contract clauses missed; inadequate pushback on developer's terms | Choose a solicitor with at least 30-40% new build caseload |
| Assuming the 28-day deadline is flexible | Reservation cancelled; fee lost; plot released to another buyer | Instruct your solicitor the same day you reserve; have your mortgage AIP ready |
| Not reading the specification | Expected features missing; wrong finishes; no recourse after completion | Cross-reference specification with show-home and marketing materials |
| Ignoring adoption status | Stuck paying for road and sewer maintenance for years | Ensure your solicitor checks Section 38 and Section 104 agreements |
| Assuming the warranty covers everything | Cosmetic defects, landscaping, and many fittings are excluded from warranty cover | Understand exactly what the warranty covers and what falls under the defects liability period instead |
| Not budgeting for service/estate charges | Unexpected monthly costs of £100-400+ on top of mortgage and council tax | Ask for detailed estimates; compare with established developments nearby |
| Expecting a fixed completion date | Last-minute scramble when completion notice arrives with 10 days' notice | Keep your mortgage offer live; have removal firms and time off on standby |
| Not getting a snagging inspection | Defects go unrecorded; developer refuses to fix them after the defects period ends | Book a professional snagging inspection before or within days of completion |
| Skipping the management company details | Locked into expensive management with no say in how charges are set | Review the management company's memorandum and articles; understand your voting rights |
| Trusting verbal promises from the sales office | Promised upgrades, incentives, or changes not in the contract don't materialise | Everything must be in writing and included in the contract or specification |
Conveyancing Costs Comparison
| Cost Element | Resale (Typical) | New Build Freehold (Typical) | New Build Leasehold (Typical) |
|---|---|---|---|
| Solicitor's base fee | £600-£1,000 | £800-£1,500 | £1,000-£2,000 |
| New build supplement | N/A | £150-£300 | £150-£300 |
| Leasehold supplement | £200-£400 (if leasehold) | N/A | £250-£500 |
| Help to Buy supplement | N/A | £100-£250 (if using legacy HTB equity loan) | £100-£250 |
| Local authority search | £100-£300 | £100-£300 | £100-£300 |
| Environmental search | £30-£60 | £30-£60 | £30-£60 |
| Water and drainage search | £30-£60 | £30-£60 | £30-£60 |
| Other searches | £20-£80 | £20-£80 | £20-£80 |
| Land Registry fee | £100-£300 | £100-£300 | £100-£300 |
| Bank transfer fee | £25-£50 | £25-£50 | £25-£50 |
| ID verification | £5-£20 | £5-£20 | £5-£20 |
| Total estimate | £1,100-£2,000 | £1,350-£2,900 | £1,700-£3,800 |
New build conveyancing costs more because the work is more complex. Don't choose a solicitor solely on price — the cheapest quote often means corners cut on a transaction where the detail matters enormously.
Checklist: Is Your Solicitor Handling Your New Build Differently from a Resale?
- Reviewed the full bespoke contract (not just standard conditions)
- Cross-referenced the specification against marketing materials
- Checked for a longstop date and advised on its adequacy
- Reviewed the completion notice mechanism and notice period
- Checked ground rent terms against current law (peppercorn for post-June 2022 leases)
- Verified road adoption (Section 38) and sewer adoption (Section 104) agreements
- Reviewed planning conditions and Section 106 obligations
- Checked the management company or estate management arrangements
- Confirmed NHBC or equivalent warranty registration
- Advised on restrictive covenants and their impact on future use
- Ensured all developer incentives are disclosed to your mortgage lender
- Raised specific new build enquiries (not just standard TA13 questions)
- Confirmed the deposit will be held as stakeholder (not agent)
- Advised on the snagging process and defects liability period
- Kept your mortgage lender informed of build progress and likely completion date
If your solicitor hasn't covered these points, they may be treating your new build like a resale — and that's a problem.
Related Guides
- New Build Conveyancing: The Complete Process from Instructing a Solicitor to Getting Your Keys
- New Build Contracts Decoded: Every Clause Explained and What to Negotiate
- Reservation Fees and Agreements: What You're Signing and What It Costs
- Shared Ownership: The Complete Guide to Buying a New Build on Shared Ownership