Where Conveyancing Checks End and New-Build Snagging Begins

The Government’s proposed Your First Home scheme could help more first-time buyers purchase new-build properties. However, I believe there’s an important distinction buyers need to understand: a property passing its legal checks doesn’t necessarily mean it has been built without defects.

Announced in September 2026, Your First Home is expected to support deposits as low as 2.5%, alongside a 20% government-backed equity loan for eligible new-build properties in England. Full details are due at October’s Budget.

It’s a promising development, but it also gives conveyancers and other property professionals an opportunity to explain what buyers should be checking beyond the legal paperwork.

What Conveyancing Checks Actually Cover

Conveyancing is an essential part of buying a new home. Solicitors and licensed conveyancers investigate matters such as ownership, planning permissions, building regulations documentation, contractual obligations and warranty arrangements.

What they don’t ordinarily establish is whether the property has been finished to an acceptable standard.

A buyer could receive confirmation of their new-build warranty, relevant building control documentation and drainage arrangements. None of this necessarily tells them whether their windows have been sealed correctly, their doors close properly or their rainwater downpipes have been installed as intended.

In my experience, this distinction isn’t always obvious to first-time buyers. Someone purchasing their first newly built home might understandably assume that the various approvals and certificates mean every aspect of the property has already been checked.

However, I would never treat legal due diligence, building control approval and a physical inspection as interchangeable. They serve different purposes.

A New-Build Warranty Doesn’t Mean a Defect-Free Home

One misconception I regularly encounter is that a new-build warranty guarantees there won’t be any problems with the property.

In reality, warranties have specific terms, exclusions and periods of cover. They aren’t a substitute for checking the finished home.

Across the properties we inspect, common issues include decorating defects, poorly fitted joinery, window alignment and external finishes. Many are straightforward to correct, but others can affect how the property performs.

Drainage is a good example.

I’ve seen how something as simple as the direction of a paved surface can create problems. A patio might look perfectly finished, but if it slopes towards the house rather than directing water away, rainfall can collect against the external wall.

A conveyancer reviewing drainage documents wouldn’t necessarily identify that installation issue. It becomes apparent when somebody inspects the finished property.

The same applies to insulation, ventilation and heating systems. A heat pump might be installed and documented, but poor commissioning can still leave the buyer struggling to operate it efficiently.

When Should Snagging Take Place?

I believe buyers should think about snagging well before their expected completion date, even if the inspection itself cannot take place until later.

The New Homes Quality Code, which applies to registered developers, gives buyers the opportunity to arrange a pre-completion inspection by a suitably qualified inspector.

Under the version applying to homes reserved from 2 March 2026, this normally takes place after the notice to complete has been issued, although an earlier inspection can be agreed.

The Code also requires inspectors to meet professional requirements and use the standard pre-completion inspection checklist.

This is important because the formal checklist isn’t necessarily the same as a more extensive snagging survey. Additional investigations, such as thermal imaging, may need to be arranged separately.

Not every developer is registered with the New Homes Quality Board, so conveyancers should establish which consumer code applies rather than assuming every buyer has identical inspection arrangements.

I would encourage buyers to ask about access early. Discovering two days before completion that an inspection needs arranging leaves very little room to organise it properly.

What Happens When Defects Are Identified?

Finding snags doesn’t automatically mean a purchase needs to be delayed.

The New Homes Quality Code makes clear that its pre-completion inspection checklist isn’t intended to prevent completion in accordance with the notice to complete. Developers must, however, respond to identified issues through the Code’s procedures.

That’s why I consider the inspection record particularly important.

If an inspector identifies a poorly sealed window, for example, the report should establish which window is affected, show the defect in photographs and explain what needs attention. A vague comment about poor workmanship gives the developer much less to work with.

It’s also important to distinguish minor finishing issues from concerns affecting safety, compliance or the property’s readiness for occupation.

Where serious concerns arise, the conveyancer needs to consider the contractual and legal implications rather than treating the matter as an ordinary snag.

What Property Professionals Should Be Telling First-Time Buyers

With Your First Home potentially bringing more buyers into the new-build market, I think the industry should make these distinctions part of its usual conversations with clients.

There are four points I would encourage professionals to cover:

Explain the limits of legal checks. Conveyancing and mortgage valuations aren’t substitutes for inspecting workmanship and property condition.
Discuss inspection arrangements early. Establish which consumer code applies and whether pre-completion access is available.
Encourage proper documentation. Record defects with photographs, locations and enough detail for the developer to investigate.
Clarify what happens after completion. Buyers should know how to report further defects and what their warranty and developer’s after-sales obligations cover.

I don’t believe conveyancers should be expected to identify construction defects themselves. Equally, a snagging inspector isn’t there to advise on contracts, title or ownership.

The two roles complement one another.

For first-time buyers, understanding that difference matters. A completed transaction confirms that they’ve acquired their new home, but it doesn’t confirm that every window, door, drainage connection or heating system has been installed correctly.

In my view, buyers should understand both sides of the process before completion, rather than discovering what hasn’t been checked after they’ve moved in.