New build conveyancing is one of the most specialist and time-pressured areas of residential property. Developers set fixed reservation and completion deadlines, contracts favour the developer, and structural warranties require careful review. Nelsons’ new build conveyancing solicitors in Leicester, Derby and Nottingham have extensive experience with major developers across the East Midlands. Jane Burton heads our dedicated new build team and brings extensive experience of developer transactions at all price levels.
Get conveyancing advice today on 0800 024 1976 or via our online enquiry form.
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Why New Build Conveyancing Requires Specialist Solicitors
New build purchases differ from re-sale transactions in several important ways. The property may not yet be built when you exchange contracts, meaning you are legally committing to purchase something that does not yet exist. Developer contracts are typically long, detailed, and contain clauses that heavily favour the developer. Understanding what you are agreeing to, and negotiating where possible, requires specialist legal knowledge.
What Our New Build Conveyancing Solicitors Do
We manage the full legal process of your new build purchase, from reviewing the reservation agreement through to post-completion registration. Specifically, we handle the following.
- Reviewing the developer’s reservation agreement and standard contract, and negotiating amendments where possible
- Advising on the NHBC Buildmark warranty or equivalent structural warranty – what is covered, for how long, and the claims process
- Carrying out all required searches, including any specific to the development site
- Raising pre-contract enquiries with the developer’s solicitors on any issues arising from the title or contract
- Managing the exchange of contracts to meet the developer’s deadline, co-ordinating your mortgage offer
- Advising on completion when the property is ready and managing the transfer of funds
- Registering your ownership at HM Land Registry, including the structural warranty details
New Build Specific Legal Issues We Advise On
New build purchases raise specific legal issues that do not arise in re-sale transactions. The most significant are explained below.
Long Stop Dates
A long stop date is the latest date by which the developer must complete the property before you have the right to withdraw and recover your deposit. Understanding and negotiating this date is important, particularly where construction timescales are uncertain.
Government Schemes for New Build Buyers
The First Homes scheme offers eligible first-time buyers a minimum 30% discount on new build properties. Our solicitors are familiar with the legal documentation required for all government-backed scheme purchases.
Leasehold New Builds
Some new build properties – particularly flats – are sold on a leasehold basis. We review the lease carefully and confirm that the ground rent arrangement complies with the Leasehold Reform (Ground Rent) Act 2022, which requires ground rent on new leases to be zero. See our leasehold solicitors page for more information.
Completion Notice Periods
Once the property is ready, the developer will serve a completion notice requiring you to complete within a specified period – often 10 working days. We ensure you are fully prepared to complete promptly, avoiding any risk of breach and potential forfeiture of your deposit.
Why Choose Nelsons as Your Conveyancing Solicitors?
Nelsons is one of the largest residential property teams in the East Midlands. We hold the Law Society Conveyancing Quality Scheme (CQS) accreditation, are proud members of the Conveyancing Association, and were named Conveyancing Firm of the Year – Midlands at the LEAP Modern Law Conveyancing Awards 2024. Here is what that means for you in practice.
- Law Society CQS accredited: the recognised quality standard for residential conveyancing
- Conveyancing Firm of the Year: Midlands, LEAP Modern Law Conveyancing Awards 2024
- Member of the Conveyancing Association: committed to industry best-practice standards
- A Named Conveyancer Throughout: You’re assigned a dedicated conveyancer for your transaction, so you always know who to call and aren’t passed between departments.
- Transparent pricing: Fixed fees for complete cost certainty from the outset
- Local Knowledge, Three Office Locations: With offices in Derby, Leicester and Nottingham, we understand the local property markets we work in and offer face-to-face appointments where you’d prefer them to a phone call.
- Innovative Processes: most of the process can now be undertaken electronically including the use of electronic signatures for the Contract and Transfer deed.
Speak to Our Conveyancing Solicitors
Ready to move forward, or want to discuss your situation before committing? Our residential property team in Derby, Leicester and Nottingham is here to help. Get new build conveyancing advice advice today on 0800 024 1976 or via our online enquiry form. No-obligation quotes available.
Meet the team
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Chris HuntingfordPartner & Solicitor
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Joanne JonesPartner & Solicitor
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Trevor ScottPartner & Licensed Conveyancer
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Russell HurstLegal Director & Licensed Conveyancer
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New Build Conveyancing Solicitors FAQS
Below, we have answered some frequently asked questions concerning new build conveyancing solicitors
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How long does new build conveyancing take?
From reservation to exchange typically takes 4 to 6 weeks. Exchange to completion can range from weeks to months depending on when the property is ready. We work to the developer’s timescales while keeping you fully informed throughout.
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What is the NHBC Buildmark warranty?
The NHBC Buildmark is a structural warranty and insurance policy covering new build homes for up to 10 years from completion, with the developer responsible for putting right defects in the first 2 years. Our solicitors review the warranty documentation and explain what is and is not covered.
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Can I negotiate the developer’s contract?
Developer contracts are often presented as non-negotiable, but there is frequently scope to negotiate on specific points – particularly around long stop dates, compensation provisions for delayed completion, and the property specification. Our solicitors will advise you on the key points.
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What happens if the developer delays completion?
If the developer delays completion beyond the anticipated date, you may be entitled to compensation for additional costs depending on the terms of the contract. If the long stop date passes without completion, you will typically have the right to withdraw and recover your deposit.
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Do I need to pay stamp duty on a new build property?
Yes, Stamp Duty Land Tax is payable on new build properties. For first-time buyers, SDLT relief may apply. Use the HMRC SDLT calculator for an estimate. We account for SDLT on completion and ensure it is paid to HMRC within the required 14-day window.
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