By Ergun Eren · 27 February 2026
Buying an off-plan property, a home that is still under construction or yet to be built can be an exciting opportunity, especially in London’s fast-moving real estate market. It offers the chance to secure a new home or investment at an early stage, often with a lower purchase price and the possibility of strong capital growth. However, buying off-plan also comes with legal risks and responsibilities that every buyer should understand before signing a contract. At Kreston Solicitors, our property team helps clients navigate this process carefully, ensuring their investment is fully protected from the start.
Understanding Off-Plan Purchases
When buying an off-plan property, you are purchasing based on the developer’s plans and specifications rather than a completed building. This means the sale relies heavily on the legal documents and contractual terms agreed at the outset. Buyers usually pay a deposit often between 10% and 30%, with the remaining balance due upon completion. The property may not be ready for months or even years, so safeguarding your position through the legal contract is essential.
Key Legal Checks Before Signing
The first step is verifying the developer’s credibility. A reputable developer should have a proven track record, financial stability, and all necessary planning permissions in place. Your solicitor will carry out due diligence to confirm these details and review the planning consent, building warranties, and insurance cover. This ensures that the project is legally secure and compliant with local authority requirements.
The contract of sale is the most important document in an off-plan purchase. It must clearly outline the expected completion date, the specification of the property, payment schedule, and what happens if construction is delayed. Many contracts allow the developer flexibility to make “minor changes,” but vague wording can lead to disputes later if significant alterations are made. At Kreston Solicitors, we carefully review and, where necessary, negotiate these clauses to protect our clients’ rights and ensure fairness.
Another critical aspect is the deposit protection. Under UK law, deposits for off-plan properties should be held securely, often in a solicitor’s client account or backed by a recognised insurance scheme. This protects your funds if the developer faces insolvency or fails to complete the project. We always verify that appropriate safeguards are in place before any money changes hands.
Buyers should also confirm whether the property will be leasehold or freehold. In London, many new-build apartments are sold as leasehold, which means there will be service charges, ground rent, and restrictions that must be fully understood before committing. Our conveyancing team ensures that clients receive clear explanations of these obligations and that any terms are reasonable and transparent.
Anticipating Delays and Variations
Construction timelines can shift due to supply chain issues, planning revisions, or unforeseen events. The completion date in your contract should include a long-stop date chosen as the latest possible completion date after which you may withdraw or claim compensation if the property is not finished. This clause is vital for protecting your financial position.
In some developments, there may also be phase-based completions where amenities, parking, or landscaping are delivered after the main handover. Your solicitor can ensure these details are recorded and that appropriate guarantees or compensation provisions are included.
Mortgage and Financial Considerations
If you are purchasing with a mortgage, your lender will require updated property valuations and construction reports as the build progresses. Mortgage offers for off-plan properties can expire before completion, so it is important to work with both your solicitor and broker to plan for this timing. Kreston Solicitors liaises with lenders to manage these time-sensitive requirements and prevent last-minute complications.
Completion and Aftercare
Once construction is complete, your solicitor will check that the property has received the appropriate completion certificates and that all agreed works are finished to the contractual standard. Developers are usually required to provide a 10-year building warranty, such as an NHBC or equivalent guarantee, to cover any major structural defects. Ensuring this warranty is valid and transferable is essential for both peace of mind and future resale value.
Professional Support Matters
Buying an off-plan property in London can be an excellent investment when handled correctly. However, the combination of long timelines, complex contracts, and large financial commitments means professional legal advice is vital.
At Kreston Solicitors, we specialise in protecting buyers’ interests in off-plan purchases. Our experienced property solicitors review every clause, verify all developer credentials, and manage the process from reservation to completion, ensuring that every client’s investment is secure.
To receive expert guidance before you commit to an off-plan purchase, visit our website and contact our property law team to discuss your proposed development.
Kreston Solicitors is located in Enfield in London and serves the local communities of Barnet, Haringey, Waltham Forest, Potters Bar, Whetstone, North Finchley, Wood Green, Chingford, Woodford, Hertfordshire, Welwyn Hatfield, Broxbourne, Epping Forest district and Harlow.
Ergun Eren
Director / Licensed Conveyancer