You have bought a newly built home. Your conveyancer checked the legal documents, the lender released the mortgage money and the developer handed over the keys.
Then you discover a leaking window, a door that will not close or an unfinished installation. You thought the property had already been checked.
Conveyancing, building-control documentation, warranty cover and a physical inspection serve different purposes. Understanding what each covers should form part of the buying process, before completion brings those assumptions into focus.
For conveyancing firms, the practical task is to explain the scope of the legal work clearly while recognising when a reported physical problem requires legal investigation or advice.
What does a conveyancer check on a new-build purchase?
The precise work depends on the property, contract, instructions and mortgage requirements. It commonly includes investigating the title, reviewing the purchase contract, considering relevant planning and building-control documents, and checking warranty arrangements.
The conveyancer also advises on legal matters affecting the buyer’s obligations and the transaction. These may include completion arrangements, restrictions, estate-management provisions and outstanding information.
That work does not ordinarily involve inspecting the finished home or testing its construction and installations. A document confirming a drainage arrangement, for example, does not itself establish that a particular pipe has been installed correctly.
The client should understand who will assess the physical property, what that assessment includes and what remains outside its scope.
Four different checks buyers can confuse
| Check or document | Its purpose | What the buyer should clarify |
|---|---|---|
| Conveyancing | Investigation and advice on legal matters within the agreed instructions. | Which documents and issues have been examined, and what remains unresolved? |
| Mortgage valuation | Assessment for the lender’s lending purposes. | What separate inspection is needed for advice about condition? |
| New-home warranty | Protection defined by the particular warranty and policy terms. | What is covered, who responds and what conditions or exclusions apply? |
| Physical inspection | Assessment of the property within the inspector’s agreed scope. | Which areas and installations will be inspected, and what cannot be assessed? |
RICS explains the distinction between a mortgage valuation and a survey. Buyers should discuss the appropriate inspection for a newly built property with a suitably qualified professional.
A warranty needs explanation as well as confirmation
A buyer may hear “ten-year warranty” and assume that every problem will be covered for ten years. The actual protection depends on the scheme and policy.
For example, NHBC describes different stages of Buildmark protection, including an initial builder warranty period followed by insurance cover subject to its terms. That structure should not be treated as a description of every provider’s product.
The buyer should receive the applicable documents and understand where to find the reporting procedure, cover limits and exclusions. Confirming that a warranty exists is different from advising that a particular defect will be covered.
If something is unclear or a required document is missing, identify the issue before assuming that the arrangements are complete.
Discuss inspection access before completion approaches
Inspection arrangements should be considered early enough to identify access requirements, the person undertaking the inspection and the process for reporting findings.
For purchases covered by the New Homes Quality Code version applying to homes reserved from 2 March 2026, the developer must provide an opportunity for a pre-completion inspection by the customer or a suitably qualified inspector. The Code provides for this after the notice to complete, or earlier by agreement.
Coverage must be checked. The applicable developer arrangements and reservation date matter; buyers should not assume that every new home carries identical inspection rights.
The Code’s standard inspection checklist also has a defined purpose. Ask the inspector what the proposed service includes, whether additional investigations are appropriate and which limitations will appear in the report.
Finding snags does not automatically postpone completion
A buyer who receives an inspection report shortly before completion may assume that every item must be resolved before they are required to pay.
The New Homes Quality Code states that its pre-completion inspection checklist is not intended to delay or prevent completion under the notice to complete. It nevertheless requires the developer to respond to the inspection results through the Code’s procedures.
That does not settle every dispute about serious defects, safety or readiness for occupation. Those concerns require prompt technical assessment and legal advice about the particular contract and circumstances.
Send the findings to the conveyancer promptly. Do not assume either that an inspection report automatically permits delay or that every reported issue can safely be left until after moving in.
When a physical finding creates a legal question
A technical report may identify facts that require the conveyancer to investigate further.
For example, an inspector may report an apparent difference between the finished property and supplied plans, incomplete work affecting occupation or an installation for which relevant documentation has not been produced.
Those are illustrative situations. The inspector assesses the physical issue within their competence. The conveyancer considers any resulting contractual, documentary or other legal implications within the retainer.
A general statement that the firm does not advise on physical condition should not become a reason to overlook a legal question expressly raised by the findings.
Make the Report on Title useful to the buyer
The report should help the client understand the decisions and actions required before committing, including relevant inspection arrangements and the limits of the legal work.
For a new-build purchase, consider whether the client understands:
- what the conveyancer has investigated;
- what requires physical inspection or specialist assessment;
- how the completion process operates under the contract;
- which warranty and consumer-code arrangements apply;
- how to raise inspection findings before completion; and
- which documents and reporting routes will be needed afterwards.
A buyer’s acknowledgement should support that explanation. Our article, The Client Signed the Report on Title. But Did They Understand It?, examines why receipt and understanding need separate consideration.
Lexsure’s Knowledge Hub includes survey reporting wording for consideration when explaining the role of a separate inspection. Any wording used must be adapted to the particular property, instructions and advice.
Align the retainer, reporting and staff conversations
A firm’s website, quotation, client care documents and Report on Title should give a consistent account of the service.
Lexsure’s paragraph on conveyancing scope, survey reports and property condition addresses the distinction between legal work and specialist assessment. The firm must still consider legal issues arising from a report and make its actual instructions clear.
The CQS CPMS Client Care Policy template provides a wider framework covering matters including managing expectations and referring clients to third parties.
Our guide to managing expectations during conveyancing explains why those discussions should begin early.
Keep a usable record of defects and responses
Buyers should retain inspection reports, photographs, correspondence and records of promised work. Identify the location and nature of each reported defect, when it was notified and the response received.
Keep the warranty documents, applicable complaints procedure and relevant deadlines accessible. Where a concern involves the legal work, identify the specific advice or document in question rather than assuming that a construction defect establishes a conveyancing failure.
Does your reporting explain what has been checked?
A new-build buyer should understand the legal findings, the need for appropriate physical inspection and the actions required before completion.
Explore Lexsure’s e-ROT Report on Title service to support structured reporting. Adapt the wording to the contract, property, inspection findings and client’s circumstances.
This article provides general information about new-build purchases in England and Wales. Inspection rights, completion obligations and warranty protection depend on the applicable contract, code, policy and circumstances. Obtain advice before deciding to delay or refuse completion.