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Before you sign or pay, confirm that the reservation agreement identifies the exact home, fixes the price and reservation period, explains every cancellation and refund rule, records what is included, and names the consumer code, warranty and redress route that actually cover the developer. A reservation agreement is an early commitment, not the sale contract: in England, Wales and Northern Ireland, “subject to contract” means the purchase is not legally binding until the sale contract is signed.
What a reservation agreement does—and what it does not do
A new-build reservation agreement records the buyer’s and developer’s intention to reserve a specified home. It normally prevents the developer from offering that particular plot to another buyer during the stated reservation period, provided the agreement remains valid and the applicable consumer code requires that protection.
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It is not a substitute for conveyancing, searches, mortgage arrangements, surveys or the eventual sale contract. The reservation can still expire, and the fee can be at risk, if you miss a deadline or fail a condition written into the document. Have a conveyancing solicitor review the reservation terms before signing when any clause is unclear or financially significant.
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1Fix the driver behind crashes, sound loss and screen glitches2Repair Windows errors before they cause bigger problems3Scan for outdated or missing drivers - takes under a minuteThe wording “subject to contract” is important in England, Wales and Northern Ireland. The transaction becomes legally binding only when the sale contract is signed. The jurisdiction is not stated in the question, and Scotland has different conveyancing practice, so do not assume that an England-and-Wales form or consumer-code explanation applies there.
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1. Identify the exact home, seller and reservation
The agreement should make it impossible to confuse your reservation with another plot or a different version of the same house type. Check each of these details against the sales plan and the developer’s written information:
- the legal name of the developer or seller;
- the development name and plot number;
- the property type and address, if an address has been assigned;
- the parking space, garage, driveway or other parking arrangement;
- the reservation fee and the currency in which it is payable;
- what exactly is being reserved, including any storage, garden, balcony or other allocated area;
- the date and time the reservation starts;
- how long the reservation lasts; and
- the precise event, date and method by which it ends.
Ask for a completed copy signed by both sides. Do not rely on a plot number written on an email if the formal document leaves the address, parking or expiry information blank. Keep the plans, specification, price sheet and incentive schedule with the agreement so you can identify what the written promise referred to on the signing date.
2. Confirm the price, incentives and how long the price is valid
Check the purchase price in figures, the date on which it was quoted and the period for which it remains valid. A reservation may hold a plot without holding the same price indefinitely, so look for a clear price-validity date or event.
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Every incentive or condition should be written into the agreement or an attached document. That includes contributions toward costs, upgraded fittings, flooring, appliances, a part-exchange arrangement or any condition attached to the offer. If a salesperson made an oral promise that does not appear in the paperwork, ask for it to be added before you sign. The Consumer Code and New Homes Quality Board (NHQB) guidance call for the purchase price and reservation-validity details to be stated.
Check whether the advertised figure depends on you using a particular mortgage, selling an existing property, completing by a certain date or accepting a part-exchange valuation. The reservation should say what happens if that condition is not met; otherwise, ask your solicitor to interpret the risk before money changes hands.
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3. Read the fee, cooling-off and cancellation wording
Do not treat the reservation fee as automatically refundable. UK government guidance warns that a fee may be refundable only in particular circumstances, while consumer-code protection depends on the developer and agreement being covered.
| Situation | What the published guidance says | What to verify in your document |
|---|---|---|
| Covered agreement during the cooling-off period | The Consumer Code and NHQB guidance describe a cooling-off period of at least 14 calendar days and a full refund of the reservation fee when the covered agreement is cancelled in that period. | The first and last day, whether the period is calendar days, the notice method and where the refund will be sent. |
| Cancellation after cooling-off | The Consumer Code guidance allows disclosed, actual administrative expenses to be deducted in some cases. | The permitted deductions, their maximum or calculation, the evidence of the expense and the refund timetable. |
| Developer or agreement not confirmed as covered | No general 14-day assumption is safe. Refund rights may depend on the contract and the circumstances. | The developer’s registration, the applicable code and the exact cancellation clause. |
The Consumer Code’s official requirements state: “The Reservation fee must be reimbursed if the Reservation agreement is cancelled.” That statement sits within the code’s requirements, so establish that the developer and your reservation fall within its scope rather than treating the sentence as a universal rule for every UK sale.
Check the practical mechanics before paying:
- the fee amount and payment account;
- the person who may give cancellation notice;
- the permitted method, such as a specified email address or recorded delivery;
- the deadline by which notice must arrive;
- the number of days allowed for the refund; and
- each circumstance in which an administration cost, marketing cost or other sum could be withheld.
Ask for written confirmation of receipt of any cancellation notice. If the agreement uses a term such as “reasonable costs”, ask your solicitor what evidence the developer would need and whether the clause is sufficiently precise.
4. Map every deadline and condition
Make a dated timeline from the day you sign. Record the reservation expiry, any mortgage or valuation deadline, the target date for exchange of contracts, the date by which you must sell an existing home, and any deadline for providing identification or paying a further sum.
Then ask what happens if a lender delays, a valuation is lower than expected, your sale falls through, searches reveal a problem or the solicitor needs more time. A conditional reservation should explain whether the period can be extended, who must agree an extension and whether the fee is returned if the condition fails. If it does not, have the solicitor assess the clause before you accept it.
Do not confuse an exchange deadline with completion. Exchange is the later point at which the sale contract becomes binding; missing a reservation deadline can end your priority before you ever reach exchange.
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Compare the reservation agreement, brochure, specification, floor plan and any options sheet. Identify what the price includes, such as:
- kitchen appliances and their models or equivalent wording;
- flooring, carpets, curtains or blinds;
- sanitaryware, taps, lighting and fitted storage;
- external works, fencing, turf, landscaping and bin storage;
- parking, garages and electric-vehicle equipment; and
- any upgrade or incentive agreed with the sales team.
Check the promised building, warranty and energy-performance standards, and ask how a replacement product of “similar” quality will be judged if a named item is unavailable. The agreement should also identify the tenure and flag anticipated management or service charges, estate rent, event fees or transfer fees. Obtain the latest estimate and the method for setting future charges; a low headline price can be misleading if ongoing obligations are not disclosed.
Confirm whether the property is freehold, leasehold or another tenure, and ask for the length of any lease, ground-rent terms and restrictions that affect use or resale. If the reservation document does not contain these details, request the relevant information pack rather than assuming the sales brochure is contractual.
6. Understand changes to design, layout and materials
New homes can change during construction. Ask the agreement to explain how the developer will notify you of changes to the design, layout, dimensions, materials, appliances or specification, and what remedy is available if the change is significant.
Consumer-code requirements call for consultation and buyer agreement for a qualifying major change after exchange. NHQB guidance also describes protections for major changes. Whether an alteration qualifies depends on the applicable code and its effect on the home’s size, appearance, layout or value. A substituted tap is not automatically equivalent to a reduced bedroom, moved window or altered parking arrangement.
Before signing, ask how you will receive revised plans, how long you have to respond and whether you can cancel without losing the fee if an agreed feature is materially changed. Keep every version of the plan so that a later dispute can be tied to the version you accepted.
7. Check reservation protection and warranty details
Ask the developer to confirm the protection that applies while your reservation is valid. Under the relevant consumer-code requirements, a covered developer must not enter another reservation or sale agreement for the same home during that valid period.
Obtain the warranty provider’s name and contact details, the summary of cover, the period covered and any eligibility conditions. Verify that the particular home is eligible for the stated warranty, especially if the development is being sold in phases or the developer is changing warranty providers. A warranty reference in a brochure is not enough if the agreement does not identify the provider or the route for making a claim.
8. Establish the code, registration and complaints route
There is no single consumer code that automatically covers every new-build reservation. Ask the developer to name the scheme, provide evidence of registration or coverage and explain how complaints progress from the developer to an ombudsman or adjudicator.
| Pathway | Relevant published detail | Questions for the developer |
|---|---|---|
| Consumer Code for New Homes | The Fifth Edition requirements apply to reservations from 1 January 2024. The code includes pre-purchase information, reservation terms, fees, cancellation, changes and advice to appoint a legal adviser. | Is this developer registered for the reservation date, which edition applies, and what redress body handles an unresolved complaint? |
| New Homes Quality Board | NHQB requires at least a 14-day cooling-off period in covered reservation agreements. Its Code V2 is dated March 2026. Customers reserving from a registered developer on or after its registration date can access the New Homes Ombudsman Service from reservation through two years after legal completion. | What is the developer’s registration date, does it cover this plot and reservation, and how do I obtain the Ombudsman details? |
These pathways are not interchangeable. Coverage depends on the developer, the reservation date and the precise agreement. Ask for the registration evidence in writing and retain it with your contract. If the seller will not identify a code or redress route, treat that as a reason to pause and seek legal advice.
9. Use an independent conveyancing solicitor
The Consumer Code advises builders to tell buyers to appoint a professional legal adviser. Choose a solicitor or licensed conveyancer who acts for you, not simply a sales office contact, and ask them to review both the reservation agreement and the later sale contract.
- Send the complete reservation pack, including plans, specification, incentives, fee receipt and code information.
- Ask the adviser to mark the expiry date, cancellation notice method, deduction clauses and conditions affecting your fee.
- Request confirmation of the tenure, service or estate charges, transfer or event fees and warranty arrangements.
- Ask whether any oral promise or incentive is missing from the written terms and should be added.
- Do not sign an amended version or accept a deadline extension without sending the new wording for review.
Independent advice is particularly important if the agreement makes the fee non-refundable after a short period, ties the purchase to the sale of your current home, permits a broad specification change or gives the developer discretion to extend the reservation only on terms you cannot meet.
Document-control checks before you sign
- Make sure every page and attachment is present and the plot number is consistent throughout.
- Write down the date and time the 14-day period, if applicable, begins and ends.
- Save the signed agreement, receipt, plans, specification, incentive schedule and all developer emails in one folder.
- Use the notice address and method printed in the agreement, not an informal sales contact, if you cancel.
- Ask for written confirmation whenever a deadline, price, incentive or specification is changed.
- Do not pay a fee until you understand the refund calculation and have verified who holds the money.
A reservation agreement is useful when it precisely identifies the home and sets a fair, documented route toward exchange. It deserves the same care as any other contract: confirm the code and jurisdiction, put the commercial promises in writing, understand the fee risk and have an independent adviser check the terms before you commit.
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