This article was originally published in The Yorkshire Post on 18th October 2025.

What to look for when buying a new build home

By Richard Wisnia, head of new build conveyancing at Switalskis

Buying a brand new home should be exciting; a chance to be the very first owner, and personalised to suit. The legal process of buying one differs from the norm. Understanding those differences, before making your reservation, is key.

The housebuilder sets the starting pace…

The housebuilder will look for you to “exchange contracts” - to formally commit to buy the home - within just a few weeks of your initial reservation (4-6 weeks is a common target). Limited circumstances aside, that commitment will be a point of no return.

...and the finish

The “Completion Date” - the day you pick up the keys - will not usually be fixed when you exchange contracts. Instead, it will be at the last step of a process which starts immediately after exchange: finishing the construction of the home, getting formal sign-off from the home warranty company, serving a legal notice that the property is ready and giving a period of time (usually two weeks) to finalise the process and get the keys.

Could this process run forever?

Housebuilder contracts provide a target “anticipated legal completion date” (ALCD). If the legal notice isn’t served by the ALCD, the housebuilder has limited extra time to do so. For houses, this is usually two or six months, depending on how far construction has progressed on the day of exchange. A weatherproof (wind and watertight) house will allow two months, if not it is six. The grace periods are usually longer for apartments.

If the legal notice has not been served by the end of that grace period, you can walk away and have your deposit returned.

So, for example, exchange of contracts on a weatherproof property with an ALCD of 1 June would mean that the housebuilder could serve its legal notice at any time between exchange of contracts and the close of business on 31 August.

Chains and mortgages

If you are in a chain, looking to move out of the current home and into your new one on the same day, it is critical that your buyer understands and accepts the housebuilder’s process for exchange of contracts and legal completion. Estate agents and solicitors must explain this at the outset to avoid delays or the late collapse of chains.

Remember that mortgage offers expire, so you should consider any expiry date carefully with your mortgage broker and conveyancer. The housebuilder’s contract, once exchanged, is unconditional, so you must be comfortable that you will have mortgage finance available to you if the build takes longer than expected.

Protections and inspections

Consumer protection has been strengthened by the introduction of New Homes Quality Code (2021), now including the right to conduct a professional snagging survey before completion. Contracts tie housebuilders to a standard of build which, taken together with a ten-year structural warranty (or equivalent), means that buyers generally don’t conduct more formal surveys, though such services are available.

Preparation is key

So, you can see the differences in the new build conveyancing process. Exchange usually comes early, completion dates are more fluid, and mortgage offers do not last forever. Clear communication across the chain can prevent misunderstandings which could derail a move.

Working with professionals who understand how housebuilders operate can make a real difference. With a solicitor who specialises in these transactions, and a mortgage broker familiar with the new homes marketplace, you will be set for all the excitement your purchase should bring.