New build Off Plan meaning

The term 'Off Plan' simply means that you don't actually physically see the property you are buying. You purchase the plot off the plans only, having viewed a show home instead.

How long for new build to be built?

You either buy a new build: 7 days after exchange as the property is already built; or Off plan with an estimated completion date between 1 and 12 months ahead. The estimated date is often missed, so keep tabs on the development to see how it is progressing and speak to the developer's estate agent to confirm your plot is on track.

What if the Developer misses the new build completion date?

You can't force your developers to build your property by their projected completion date. There are a number of reasons the completion date has been missed, such as: not selling all the plots, causing cash flow issues for the developer, or; delays with contractors and sign off. To protect you from being locked into an exchange on notice, your solicitor needs to include a long stop date into the contract. This is the date whereby you can pull out from the purchase and get your deposit returned to you.

Who sets the new build completion date?

When buying a new build off plan the developer's estate agent will tell you the estimated completion date. The majority of off plan new builds are built within 3 months of the exchange of notice.

The risks of a new build completion on notice

by:

Andrew Boast

Last Updated: 07/02/2024

Read by:

9,253

5 min read

Getting a completion date for a new build property can be tricky. Many factors can prevent developers from completing on time. This is why the developer and the buyer can agree to a 'completion on notice'. Meaning the developer and the buyer agree that the property will be built at a later date specified by the developer. The developer must, however, ensure that a property notice, typically a 10-day notice, is given to the buyer that their home is ready for move-in.

Is your new build home still under construction? This article explains what completion on notice is and what the risks are with this process.

In this article

What is completion on notice?

When buying a new build off plan, you cannot set an exact completion date when you exchange contracts, as the property isn't finished yet. Instead, you agree to 'completion on notice'.

Once the property has been built and signed off by building control, the developer will then serve notice on the buyer to complete within 10 working days. This is also called an exchange on notice.

The challenge with an exchange on notice is the new build completion date is only estimated, which isn't such an issue if the estimation is up to 3 months. If its closer to 6 months away, it will mean the buyer's mortgage offer will likely have expired before the completion date.

With the completion notice only giving you 10 days to complete, you need to move quickly to:

obtain a new mortgage offer, if your previous one has run out and can't be extended;
send over completion money to your solicitor;
(if renting) hand in your notice, to avoid paying rent and mortgage repayments for too long. Don't do it too early though - or you could be made homeless; and
organise removals.

New build completion process UK

1

Reservation of new build

2

Conveyancing to exchange between 28 to 56 days from receipt of contracts. Different plots have different deadlines.

3

Completion either straight away if property built or on notice.

4

Once development built and signed off, Developer serves notice to complete.

(Notice to complete new build only)

5

Completion takes place within 10 working days.

6

You have a further 10 working days before the develop can rescind contracts and your forfeit your deposit.

(If you fail to complete)

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What happens if you miss the completion on notice date?

The developer will serve you a notice to complete when the development is ready. This usually sets a completion date just 10 days away. If you fail to complete by the time set, you will receive a second notice to complete. This is a 10 day warning.

Once you receive this second notice to complete, you will be liable to pay for the developer's solicitor's legal fee for the serving of the notice, plus interest on the purchase price, (less any deposit already paid), for the period of your default, up to and including the full 10 days. The rate of interest is set at the Law Society's interest rate which is 4 per cent above Bank of England base rate.

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What happens if you miss the notice to complete date?

After the 10 working days have expired, the developer can rescind the contract and the buyer's 10% deposit is kept by the developer. (If you have only paid a 5% deposit, you will have to pay up the other 5%). The buyer could also be liable for the legal costs of the developer's solicitor. Read more here - What happens when you pull out after Exchange of Contracts?

There are occasions where the developer can grant you an extension to allow you to complete.

Frequently Asked Questions

OFFPLAN

HOWLONG

MISSEDDEADLINE

DATE

Written by: Andrew Boast

Andrew Boast FMAAT is a qualified accountant, conveyancing specialist and author with over 25 years of experience in the UK property sector. Since beginning his career in 2000 within established SRA and CLC-regulated conveyancing solicitor firms, Andrew has overseen the legal journeys of more than 75,000 clients.

He is the author of the property guide 'How to Buy a House Without Killing Anyone' and a frequent contributor to mainstream UK media on legislative updates, property law, first-time buyer guides, conveyancing best practices, and stamp duty changes. Andrew specialises in resolving complex title issues, property conflict disputes, and property tax options, streamlining the enquiry process to reduce transaction times and maintaining a client-friendly focus.

Reviewed by: Caragh Bailey

Caragh Bailey is a Lead Property Content Specialist at SAM Conveyancing, having joined the firm in 2020. With a portfolio of over 150 technical conveyancing, house survey and mortgage guides, she has become a primary authority on the end-to-end sale and purchase process.

Caragh specialises in complex legal workflows, including Help to Buy redemptions, equity transfers, shared ownership structures, trust deeds for tax planning, and joint ownership disputes. Her expertise extends to leasehold reform and RICS home surveys, where she provides clear, factual guidance on independent legal advice for specialist mortgage products and intricate ownership structures.

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