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New build purchases are an appealing choice for many buyers seeking a fresh start in a modern, energy-efficient home. However, while the allure of a brand-new property is undeniable, the legal landscape behind these purchases is often complex. To avoid costly pitfalls and delays, engaging experienced Residential Property Solicitors is essential to protect your investment and ensure your rights are upheld throughout the transaction.
Purchasing a newly constructed property involves different risks and procedures than buying an existing home. These include unique contractual obligations, potential construction issues, and developer commitments. Understanding these elements, and securing sound legal advice, is crucial when entering into a new build purchase in England and Wales.
A new build purchase involves buying a property that has recently been constructed and is being sold for the first time. These homes are usually sold by property developers, often before the build is complete – commonly known as “buying off-plan”. This method of purchasing introduces several legal and practical variables that require specialist oversight.
To minimise risk and secure your investment, these legal safeguards are recommended for all new build purchases:
A longstop date is a final deadline by which the property must be completed. If the developer fails to meet this date, the buyer may have the right to rescind the contract and recover the deposit. Your property lawyer should negotiate for a reasonable longstop date to protect against indefinite delays.
Most new homes come with a 10-year warranty provided by bodies such as NHBC, LABC, or Premier Guarantee. These policies typically cover:
Your property lawyer should check that the warranty provider is recognised by mortgage lenders and that the coverage terms are clearly stated in the contract. For further details, see the NHBC Buildmark cover overview, which outlines what’s typically protected in a new build property.
Legal checks must confirm that the property has appropriate planning permission and building regulation approval. Issues in this area can lead to enforcement actions or affect resale value. A property lawyer ensures all documentation is in order and compliant with legal standards.
New developments often include shared access roads, utility connections, and communal areas. Legal advisors must confirm that rights of way and service easements are properly granted in the title deeds to prevent disputes or service interruptions in the future.
Contracts for new build purchases often favour the developer. Legal scrutiny ensures clauses are fair, protect your deposit, and include dispute resolution mechanisms. Look for:
Mortgage offers often have a validity period of six months. With off-plan builds, completion can extend beyond this window. Legal professionals coordinate with lenders to ensure extensions or re-offers are in place to avoid financing gaps.
A couple in Norfolk secured a townhouse through an off-plan new build purchase. Their solicitor flagged missing easements for drainage, which could have resulted in denial of completion certification by the local authority. The solicitor liaised with the developer to correct the deed before exchange, preserving the buyer’s rights and avoiding long-term complications.
Without legal safeguards, buyers may find themselves trapped in one-sided contracts, facing delays, or owning properties with unresolved structural or legal flaws. Specialist conveyancing solicitors help pre-empt these issues by offering services such as:
Engaging with a solicitor early in your new build purchase gives you the confidence and protection needed to turn a new house into a secure home.
For expert legal support on new build purchases, contact our Residential Property team today.
Our residential property experts are vastly experienced in undertaking what is required to help our clients secure their new home as quickly as possible.
At Fosters Solicitors, we have extensive experience in helping our clients purchase their property and want to match your commitment to the process by providing quality and efficient service.
Contact us for more information or receive a free online quote.
It is also worth reviewing if the developer is a member of the Consumer Code for New homes – which was established to improve standards of construction and customer service in the new homes market.
A new build purchase is the acquisition of a newly constructed residential property that has never been owned or occupied before.
It provides a contractual deadline by which the property must be completed, protecting the buyer if the developer causes excessive delays.
Yes, most come with 10-year warranties, typically covering defects in the first 2 years and major structural issues thereafter.
We ensure that any longstop date agreed is prior to the expiry of any mortgage offer. Should the longstop date be after the date of the expiry of your current mortgage offer it will be your mortgage broker that would be able to assist in obtaining an extension or a new mortgage offer. You should not exchange unless you have a valid mortgage offer in place that does not expire prior to the longstop date or you have alternative means to fund the purchase of the property.
A new build contract normally contains clauses preventing you from holding back final payment due to snagging items. You will be invited a few weeks prior to completion to check the property for any issues that require to be rectified. If these have not been rectified prior to completion, you must notify the developer of all snagging issues within 2 weeks of moving in and permit entry to the property for the snagging items to be rectified.
This article was produced on the 7th August 2025 for information purposes only and should not be construed or relied upon as specific legal advice.
