Buying a new build home can feel daunting, especially if you’re a first-time buyer. Often, you will be committing to a purchase before building work is even complete, but you don’t have to do it alone.
Our experienced conveyancing solicitors can help you read through complex paperwork, spot any risks, and make informed decisions. We can help you manage strict deadlines (or push back on them when required) and ensure your interests are protected. Call our friendly team of experts now.
What’s different about buying a new build?
The process of buying a new build often involves more risks and paperwork than buying a standard second hand property. Key differences can include buying based on plans and planning permissions, non-refundable reservation fees, and tight deadlines for making decisions. Buying a new build requires both speed and attention to detail.
Below are some key processes solicitors for new builds help with, so you know what to expect.
1. You often buy before the house is built
You will often be buying based on a plan of what the property will look like once completed. It’s important that extensive legal checks are carried out and that you instruct a solicitor with experience in buying new builds. They can spot risks and make sure you are fully protected if anything goes wrong.
When buying ‘off plan’, you can’t inspect the property. You’re relying on drawings and specifications.
2. You may pay a non-refundable reservation fee
You will usually be asked by the developer to pay a reservation fee to reserve your property upfront. This is often non-refundable if you don’t exchange contracts by a certain date. You should instruct a solicitor at this stage to make sure you are fully aware of the risks before the exchange of money or contracts.
3. Reviewing complex planning, buildong regulations and title documentation
Purchasing a new build property involves reviewing a large volume of technical and often complex documentation. Your solicitor will review these documents on your behalf and advise you clearly on what they mean, so you understand exactly what you are buying and any risks involved.
This includes:
- Confirming that planning permission has been granted and that the development complies with the relevant planning conditions
- Ensuring that building regulations approval has been obtained and that appropriate rights are granted to use any shared or communal areas
- Checking that an adequate new build structural warranty is in place, such as an NHBC or equivalent warranty acceptable to your lender
- Ensuring that your mortgage offer will remain valid until the property is completed and ready for occupation
If you are purchasing a leasehold property (such as a new apartment in a block), you will be granted a new lease of the property, and if you are purchasing a freehold house, you will need to enter into a new transfer deed.
These are legal documents and will cover all rights and obligations throughout your ownership, so it is important to get the drafting right. It also needs to be attractive to any future buyers and satisfactory for any mortgage lenders. Strong negotiating skills and attention to detail are required, and we can help.
4. You need to meet tight, high-stakes deadlines
Developers often impose a strict timeline for exchanging contracts, even though there is much more to cover than on a standard purchase. Completion is usually not a fixed date, but ‘on notice’ once the building works are complete. You may be expected to complete your purchase at very short notice.
You need a solicitor who is on your side, looking after your interests, who is able to work quickly and, if necessary, arrange for the deadline to be extended so that everything is in place before you exchange.
The contract needs to be expertly negotiated to cover all eventualities and make sure you and your deposit are fully protected. You don’t want to be tied into a contract indefinitely if the construction work stops or is delayed. You also don’t want to be forced to complete without a mortgage offer in place if your mortgage offer expires before the construction works are complete.
The property team at TV Edwards will make sure that everything is lined up and ready for a swift exchange and completion, and that your interests are protected in the event of any construction delays.
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How We Handle New Build Properties
If you need a solicitor for a new build property, we have a team of expert negotiators who remain calm under pressure. We work to the relevant timescales without compromising on the important details.
- New build expertise – We have specific experience of new build sales and purchases and know what to look out for. We understand new builds can carry risks such as planning non-compliance, which may cause future problems if not addressed early.
- Independent advice – We are independent of agencies and developers, acting only in your best interests. We’ll protect your position, handle developers and agents on your behalf, and ensure you never feel pressured to exchange before you’re ready.
- Dedicated solicitor – You’ll have a dedicated, experienced solicitor handling your case from start to finish. With direct contact details and proactive updates, we ensure clear communication and keep you fully informed at every stage.
With up-to-date expert knowledge of property law, we build relationships with our clients throughout their transactions. As a result, many of our clients are repeat clients or referrals from family/ friends.
Why Choose TV Edwards?
- Highly ranked in legal directories – We’re recognised by Legal 500 and Chambers UK
- Proven success – A wealth of experience helping both first-time buyers and property investors
- Cost-effective solutions – We prioritise fair, practical resolutions to keep costs manageable
- Client-first approach – Clear, honest legal advice from start to finish, tailored to your goals
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Contact Our New Build Property Solicitors Today
New Build Property Frequently Asked Questions
Yes, a solicitor is important when buying a new build property, due to the complexities in the process. A solicitor can help check planning permissions, building regulations, and any agreements for shared spaces. They also ensure that you’re not pressured into exchanging contracts or paying any deposits before you’re ready.
How long do solicitors take when buying a new build?
Solicitors will work with you and the developer to meet tight exchange deadlines. Buying a new build typically takes between 8 and 12 weeks, though it can vary. Delays can occur if there are problems with the planning or title documentation.
What’s a new build warranty?
A new build warranty is an insurance policy that protects against certain structural defects which may come to light after your purchase of new build property. A new build solicitor will be able to help answer your questions about a new build warranty and what is and what is not covered.
What are the risks when buying a new build property?
Buying a new build property can involve risks that are not always obvious at the outset if the legal and practical details are not properly checked. These can include delays where the property is not ready when you are contractually required to complete, which may affect mortgage arrangements, planning or building regulation issues that restrict future use or alterations, roads, drains or utilities not yet being formally adopted leading to ongoing maintenance costs or service charges, defects in construction or inadequate structural warranties leaving you without proper protection after completion, and mortgage offers expiring before the build is finished, potentially requiring you to reapply or accept less favourable lending terms. An experienced new build solicitor will identify these issues early and advise you on how they can be managed or avoided.