How to buy a new build property in Scotland?

Buying a new build home in Scotland gives you the chance to move into a brand new property – often with your own personal input on layout, fixtures and finishes. It’s an exciting process, but it also comes with important legal and timing considerations that differ from buying an existing home.

At Neilsons, we guide buyers through new build purchases every day, ensuring the legal, financial and practical pieces all align.

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Neilsons' six step guide to buying a new build property in Scotland

When you have found your property you will be asked to sign a reservation form and pay a reservation fee. This acts as holding exercise and the builders undertake not to sell to anyone else during the reservation period which is normally around two weeks. This is the time to do your homework!

The missives are the legal documents which constitute your contract for the purchase. In a new build purchase the missive document is prepared by the builders’ Solicitor and sent to us during the reservation period. A binding contract will be constituted when the missives are signed by both parties and you will have to pay the price on the completion date otherwise there are financial penalties.

We therefore have to establish that everything stacks up financially and wait for missives to be concluded on the sale of your own place before we submit the missives for the new build property.

Assuming everything is in order we then arrange for a mortgage valuation through your mortgage lender. Builders are not required to produce a Home Report for a new build property. You may find it strange that we need to do a mortgage valuation if your dream home is just a muddy hole in the ground at present, but remember you are signing up to pay for something down the line and you have to ensure that it will be worth the money on completion. The mortgage lender also needs the valuation to process the mortgage application.

The valuation takes place on the basis of comparable properties elsewhere, the show house, the plans, and other information the builders provide to the surveyor. If the property is not complete at the time of the valuation, the property is re-inspected on completion by the surveyor for a small additional fee.

When you are happy with everything, we submit the Missives to the builders’ Solicitors, normally with a contractual letter to fine tune the missives to protect your position. Assuming everything is agreed, missives are concluded shortly afterwards and you then have a binding contract for the purchase. A non-returnable deposit is usually payable at this stage.

The conveyancing process and mortgage draw down follow and we tie in your purchase of the new build property with your sale in accordance with the standard sale and purchase transaction.

When you are purchasing or selling we generally recommend that it is an appropriate time for you to consider making a Will and Power of Attorney.

It’s a sensible time to ensure your wider legal affairs are in order at the same time.

Buying a new build in Scotland: timing is key

If you’re also selling a property, getting the timing right is critical.

With a traditional private purchase, we might submit an offer with an entry date around 12–14 weeks ahead, allowing time for your own sale to complete and your buyer to secure mortgage approval.

Instead, we establish the developer’s anticipated completion date and usually recommend launching your property on the market at least 12–14 weeks before completion.

However, some major builders won’t even accept a reservation unless your own property is already under missives.

Every situation is different – which is why we provide a free pre-sale valuation and new build consultation before you commit to a new build, helping you understand affordability and plan your move properly.