Get in touch
0800 292 2034
Newly Built Homes

New Build Conveyancing Lawyers, Scotland

Get in touch

Buying a new build property can be an exciting experience, with builders offering all kinds of incentives and options, such as part exchanges and deals offering to pay for new furniture, additional items or even some of the Land and Buildings Transaction Tax for the property. It is important to speak to specialist new build conveyancing solicitors to get advice on the new build conveyancing process and whether or not these options are suitable for you.

Buying a New Build Property in Scotland – New Build Conveyancing Process

There are many options available when buying a new build property in Scotland. Our team of new build conveyancing solicitors helps with new build purchases all across the country. Here, we take you through some of the options available.

Part Exchange on New Build Purchases

You may have been offered a part exchange deal on your existing property, as an incentive to purchase a new build. The missives may seem highly complex, as they include clauses for both the sale and purchase.

This may be because you are dealing with a sale and purchase in the same contract. The builder’s solicitors normally issue the missives in part exchange. The clauses will cover what is being sold, at what price, and the remedy for a breach of contract.

An experienced new build conveyancing solicitor is essential to ensure your interests are best protected and looked after within the terms of the contract.

Contact Us

Contact us for a confidential discussion about your case.

New Build Conveyancing Quote

Get your free quick online conveyancing quote here we offer a free quote for all of our conveyancing services.

Get your quick quote

New Build Conveyancing Explained

When Can I Move into My New Build Home?

Buying a new property from a builder in Scotland has some significant differences from buying a pre-existing property marketed by an estate agent. One of the main differences is how the completion date (when you get the keys) is set.

With an existing property, a date is almost always fixed in the contract. With a new build, the house is often still being built when the new build conveyancing process begins, so fixing the date is not possible until certain key ‘sign-offs’ have been given.

Completion Certificate

Firstly, a ‘completion certificate’ is required from the local authority before anyone is allowed to occupy a new property. Secondly, the property’s new build insurer will confirm that their policy will be put at risk.

The builder will give you an estimated completion date at the beginning of the transaction, which may be affected by a number of factors such as bad weather, the availability of materials or if there is a delay in the final visit from the insurer or the inspection from the Building Standards Officer who issues the completion certificate.

One of the implications of this is that you cannot arrange removal services or furniture delivery until you have had confirmation from your solicitor that the necessary sign-offs have been completed and are in place.

What Do I Do if I Spot a Defect in My New Build Home?

Your new property will be covered either by a policy from the new build insurer (such as the National House Building Council (NHBC) or, if the builder is a small developer, by cover from the architect who oversaw the development.

Defects will normally come under two categories, ‘snagging’ or structural aspects. Any obvious defects will be covered by insurance or the architect’s cover.

Understanding Snagging in New Builds

Congratulations on your new home! As you embark on this exciting journey, you may come across the term “snagging.” But what exactly does it mean?

Snagging Defined

Snagging refers to the process of identifying and rectifying any defects, issues, or imperfections in a newly constructed property before the homeowner moves in. It’s a crucial step in ensuring that the home meets the highest standards of quality and craftsmanship.

Why is Snagging Important?

Even the most well-constructed homes may have minor issues that need attention. Snagging helps catch these issues early on, allowing builders to address them before the homeowner takes possession. This meticulous inspection ensures that the new home is delivered in optimal condition, meeting the expectations of the homeowner.

What Does the Snagging Process Involve?

During the snagging process, a professional inspector thoroughly examines the property, scrutinizing every aspect from construction to finishing touches. The goal is to identify any defects or imperfections that may have been overlooked during the initial construction phase.

Typical Snagging Issues:

  • Cosmetic imperfections (paintwork, finishes)
  • Minor structural issues
  • Electrical or plumbing irregularities
  • Defective fixtures or fittings

Homeowner Benefits:

  • Peace of Mind: Knowing that your new home is free of defects and issues.
  • Quality Assurance: Ensuring that the property is built to the highest standards.
  • Effective Communication: The snagging report serves as a valuable tool for communication with builders to rectify any identified issues.

In essence, snagging is the final quality check before you settle into your new home. It’s a collaborative process between homeowners and builders to guarantee a seamless transition into a property that is not only beautiful but also functional and defect-free.

When you move into a new property you should list any defects or potential defects and make them known to the builder. This includes defects in white goods, however ongoing responsibility for white goods is limited with cover provided to an extent by your statutory rights under the Sale of Goods Act 1979.

Defects – New Build Properties

Defects which arise within the first two years will be covered if there is an NHBC policy in place, and this requires the builder to remedy any such issues. This does not include, for example, cracks appearing in the paint, which can often be the case in a new-build property as the new house settles.

However, external cracks on new build properties should be dealt with by the builder. Any structural issues within the first ten years of a property’s life will also be covered by an NHBC policy.

Buying A New Build Property

Click here to access our helpful guide to buying a new build property.

New Build Property Guide

Buying A New Build Property

Click here to access our helpful guide to buying a new build property and new build conveyancing.

Contact our New Build Conveyancing Solicitors

We are a team of approachable, responsive, client-focused conveyancing solicitors, who pride ourselves on offering personalised, tailored advice. 

Operating throughout Scotland, we offer an open door policy and legal services tailored to your needs and budget. Our experts have extensive knowledge in the Scottish property market and the conveyancing process we offer our services in all areas across Scotland. In many cases, the process can be completed virtually without the need to come into our offices.

Call us today for a consultation, or to get a free new build conveyancing quote and more information on the conveyancing process.

Other property services

At Jones Whyte, we offer a wide range of property services, These include:

Contact the Jones Whyte property team today.

Other property services

At Jones Whyte, we offer a wide range of property services, These include:


Contact the Jones Whyte property team today.

Meet the experts

At Jones Whyte, our property team is highly experienced in all aspects of property law and conveyancing

Meet the whole team

Copyright © Jones Whyte 2024 | SC738324 | All Rights Reserved.

We are authorised and regulated by the Law Society of Scotland ( and Solicitors Regulation Authority (
A list of members of our firm is available upon request from our Registered Office at The Connect Building, 3rd Floor, 59 Bath Street, Glasgow, G2 2DH

Responsive Website Design, Development & Hosting by mtc.