Buying from a developer, whether new build or a recent conversion, starts with a legal pack from their solicitor. It looks similar to a standard sale's paperwork, but developer contracts often contain terms you won't see anywhere else, which is exactly why your conveyancer needs proper time to go through it.
What's actually in the legal pack?
The developer's solicitor prepares and issues it to your conveyancer, and it typically includes the draft contract, the title register for the land, the lease if the property is leasehold, the specification and plans for the property, details of any estate or service charges, the energy performance certificate, and the developer's standard conditions of sale. Developer contracts often contain conditions that differ meaningfully from a standard private treaty contract, so this isn't a pack to skim.
Why does this need extra care?
Developer contracts can include provisions that are genuinely unusual in a standard residential sale, conditions letting the developer alter the specification, clauses around exchange timing, reservation fee terms, or obligations tied to service charges and estate management. Understanding exactly what you're agreeing to before exchange matters, because issues spotted now are far easier to address than anything raised after you're legally committed.
What happens behind the scenes?
Your conveyancer reviews the full pack and raises queries or concerns with the developer's solicitor directly. They'll check the title to confirm the developer genuinely has the right to sell, that there are no unusual restrictions or covenants, and that any leasehold terms are acceptable. For new builds specifically, they'll also check whether a structural warranty, such as an NHBC Buildmark warranty or an equivalent, is in place. Buildmark provides a 10-year structure: a 2-year period where the builder is directly responsible for defects, followed by 8 further years of insurance cover for damage to the structure, alongside deposit protection between exchange and completion if the builder becomes insolvent.
What should you actually do at this stage?
Ask your conveyancer for a plain summary of the key terms in the developer's contract, including anything you should be aware of before exchange. Check the specification and plans carefully against what you actually agreed with the developer when you reserved the property, memories and marketing brochures can drift from what's contractually promised. Ask specifically about the structural warranty, which scheme covers the property and what it actually covers. If the property is leasehold, ask your conveyancer to walk you through the lease length, any ground rent, service charges, and any restrictions on how you can use the property.
| Before exchange | Why it matters |
|---|---|
| Summary of key contract terms | Developer contracts contain conditions a standard sale wouldn't |
| Specification matches what you agreed | Marketing materials and contracts can diverge |
| Structural warranty confirmed | NHBC Buildmark or equivalent protects you for up to 10 years |
| Lease terms explained (if leasehold) | Ground rent, service charges and restrictions all matter long-term |
Frequently asked questions
- What's included in a developer's legal pack?
- The draft contract, title, lease if applicable, specification and plans, service charge details, EPC, and standard conditions of sale.
- Why do developer contracts need extra care compared to a standard sale?
- They can include unusual conditions around specification changes, exchange timing, and service charges.
- What does an NHBC Buildmark warranty cover?
- A 10-year structure: 2 years of builder responsibility, then 8 years of structural insurance cover, plus pre-completion deposit protection.
- What should I check if the property is leasehold?
- Lease length, ground rent, service charges, and any restrictions on use.
This guide is general information for home buyers in England and Wales, not legal advice. Developer contract terms and warranty cover vary, so confirm current detail with your own conveyancer.