Conveyancing Solicitors.

Step by step guide to help you understand the process of Conveyancing and moving.

Buying, Selling or Remortgaging Property

If you are buying, selling, or remortgaging property, a solicitor or licensed conveyancer can handle the legal transfer, investigate the title, communicate with the mortgage lender, and protect your interests throughout the transaction.

Conveyancing is the legal process of transferring ownership or dealing with a mortgage over land and property.

This guide principally covers residential conveyancing in England and Wales. Scotland and Northern Ireland have different legal systems and procedures.

Do You Need a Conveyancer?

It is legally possible to carry out some conveyancing without professional representation, but doing so can be difficult and financially risky.

Conveyancing may involve:

• investigating legal title;
• interpreting restrictive covenants and rights of way;
• reviewing searches;
• checking planning and building regulation documents;
• dealing with leasehold requirements;
• reporting to a mortgage lender;
• handling large money transfers;
• calculating property tax;
• completing Land Registry applications; and
• resolving title defects.

Where a mortgage is involved, the lender will usually require a solicitor or licensed conveyancer who is accepted on its conveyancing panel. It will rarely allow the borrower to deal personally with the lender's legal work.

A mistake can result in delay, loss of mortgage funding, tax penalties, registration problems or the purchase of a property affected by rights or restrictions that were not understood.

Solicitors and Licensed Conveyancers

Conveyancing solicitors are regulated by the Solicitors Regulation Authority. The Council for Licensed Conveyancers regulates licensed conveyancers.

Both may be qualified to conduct residential conveyancing.

A solicitor may also advise on related matters such as:

• co-ownership disputes;
• family arrangements;
• probate;
• tax planning;
• commercial agreements;
• boundary disputes;
• lease extensions; and
• complex litigation.

Some licensed conveyancers are also authorised to provide probate services.

Check that the chosen firm:

• is properly regulated;
• carries professional indemnity insurance;
• is accepted by the mortgage lender;
• has experience with the relevant property type;
• provides a clear quotation; and
• explains who will handle the transaction.

Conveyancing in Scotland

The Scottish system differs significantly from the process in England and Wales.

Scottish transactions commonly involve:

• a Home Report;
• formal offers submitted through solicitors;
• missives rather than exchange of contracts;
• different land registration arrangements; and
• Land and Buildings Transaction Tax rather than Stamp Duty Land Tax.

A property in Scotland should be handled by a solicitor qualified and experienced in Scottish conveyancing.

Choosing a Conveyancer

It is sensible to obtain quotations before making an offer or putting a property on the market.

Check whether the quotation includes:

• the legal fee;
• VAT;
• search fees;
• Land Registry fees;
• bank transfer fees;
• identity and anti-money laundering checks;
• mortgage work;
• leasehold supplements;
• Stamp Duty Land Tax or Land Transaction Tax administration;
• acting for an additional buyer or lender;
• Help to Buy or shared ownership work;
• new-build charges;
• indemnity insurance administration; and
• other possible additional charges.

A very low headline fee may not cover all the required work.

Identity and Source-of-Funds Checks

Conveyancers must comply with anti-money laundering rules.

Clients will normally need to provide:

• proof of identity;
• proof of address;
• evidence showing where the purchase money came from;
• bank statements;
• evidence of savings or investments;
• details of gifts or loans;
• evidence of property sale proceeds;
• probate or inheritance documents; and
• information about overseas funds where relevant.

Providing money is not the same as explaining its source. The conveyancer may need evidence showing how the funds were accumulated.

Source-of-funds checks should be addressed early because unexplained gifts, cryptocurrency, overseas transfers, or third-party contributions can delay the purchase.

Property Fraud and Bank Details

Property transactions involve substantial cash transfers and are targets for email and payment fraud.

Before sending money:

• verify bank details using a trusted telephone number;
• do not rely solely on an email announcing changed bank details;
• check the account name carefully;
• consider sending a small test payment where appropriate;
• do not disclose transaction details unnecessarily online; and
• contact the conveyancer immediately if anything appears unusual.

Conveyancing firms do not normally change their bank account during a transaction without clear verification procedures.

Preparing to Buy

Before searching for a property, consider:

• the deposit available;
• mortgage affordability;
• property tax;
• legal and search fees;
• survey costs;
• insurance;
• service charges and ground rent;
• repairs and improvements;
• removal costs; and
• an emergency reserve.

A mortgage agreement in principle can indicate how much a lender may be prepared to advance. It is not a binding mortgage offer and remains subject to checks on the borrower and property.

Making an Offer

In England and Wales, an offer is generally not legally binding until the contract is exchanged.

An offer may be:

• subject to contract;
• subject to survey;
• subject to mortgage approval;
• dependent on the sale of another property; or
• conditional on fixtures, repairs or another agreed matter.

The estate agent will usually issue a memorandum of sale after acceptance, identifying the parties, conveyancers, price and relevant transaction details.

Either party can usually withdraw or renegotiate before exchange, although abortive legal, survey and mortgage costs may be lost.

The Main Stages of Buying a Property

A typical purchase involves:

• working out affordability;
• obtaining a mortgage agreement in principle;
• choosing a property;
• instructing a conveyancer;
• making an offer;
• submitting the full mortgage application;
• reviewing the contract papers and title;
• ordering searches;
• arranging an independent survey;
• raising enquiries;
• receiving the mortgage offer;
• signing the contract and mortgage deed;
• exchanging contracts;
• preparing for completion;
• completing the purchase;
• paying any property tax; and
• registering the ownership and mortgage.

The Seller's Conveyancing Process

A seller should instruct a conveyancer as early as possible, preferably when the property is listed for sale.

The seller will normally complete forms covering:

• property information;
• fixtures and contents;
• leasehold information where relevant;
• boundaries;
• disputes and complaints;
• notices affecting the property;
• planning and building work;
• guarantees and warranties;
• services and utilities;
• occupiers;
• insurance claims; and
• other material information.

Answers must be accurate and complete. A misleading answer may allow the buyer to claim compensation or, in serious cases, seek to have the transaction undone.

The Draft Contract Pack

The seller's conveyancer prepares and sends a contract pack to the buyer's conveyancer.

It commonly includes:

• the draft sale contract;
• official title documents;
• the property information form;
• the fixtures and contents form;
• leasehold forms where applicable;
• planning and building regulation documents;
• guarantees;
• energy performance information; and
• other documents relevant to the property.

The buyer's conveyancer reviews the papers and raises enquiries about legal and practical issues.

Investigating the Title

The buyer's conveyancer checks whether the seller has the right to sell and whether the title is acceptable to the buyer and mortgage lender.

Title investigations may reveal:

• mortgages and secured debts;
• restrictive covenants;
• rights of way;
• rights for pipes and services;
• shared drives;
• boundary information;
• rentcharges;
• restrictions on registration;
• overage provisions;
• rights benefiting neighbouring land;
• missing documents; and
• differences between the title and the property on the ground.

A Land Registry title plan normally shows general rather than exact legal boundaries.

Conveyancing Searches

Searches provide information that may not be apparent from viewing the property or reading the title.

Common searches include:

• a local authority search;
• a drainage and water search;
• an environmental search;
• a flood search;
• a mining search;
• a chancel repair search;
• a planning search; and
• location-specific searches.

Local Authority Search

This may reveal:

• planning permissions;
• building regulation records;
• road adoption status;
• conservation area status;
• listed building information;
• tree preservation orders;
• enforcement notices;
• compulsory purchase proposals; and
• other local land charges.

A standard local authority search concerns the property being purchased and may not reveal planning proposals affecting neighbouring land.

Drainage and Water Search

This may identify:

• whether the property is connected to mains water and drainage;
• the location of public sewers;
• whether a sewer crosses the property;
• water charging arrangements; and
• whether consent may be required for building near a sewer.

Environmental Search

An environmental search may assess risks involving:

• contaminated land;
• landfill;
• flooding;
• ground stability;
• radon;
• industrial use; and
• other environmental factors.

Additional searches may be required depending on the property's location and history.

Mortgage Valuation and Property Survey

A mortgage valuation is carried out for the lender. Its primary purpose is to assess whether the property provides adequate security for the mortgage.

It is not a detailed survey for the buyer and may not identify defects.

A buyer should consider commissioning an independent survey.

RICS Home Survey Level 1

This is a basic visual assessment generally suited to conventional properties in reasonable condition.

RICS Home Survey Level 2

This provides a more detailed inspection and may include a valuation. It is commonly used for standard properties.

RICS Home Survey Level 3

This is a detailed building survey suitable for older, altered, unusual, or visibly defective properties, or for properties where substantial works are planned.

A survey may identify:

• damp;
• roof defects;
• subsidence;
• structural movement;
• timber decay;
• drainage problems;
• unsafe alterations;
• poor insulation;
• electrical concerns; and
• likely repair costs.

Planning Permission and Building Regulations

Alterations and additions may require planning permission, building regulation approval or both.

The conveyancer may ask about:

• extensions;
• loft conversions;
• structural alterations;
• garage conversions;
• replacement windows;
• electrical work;
• boiler installation;
• listed building consent;
• conservation area restrictions; and
• compliance with restrictive covenants.

Planning permission and building regulation approval serve different purposes. The existence of one does not necessarily mean the other was obtained.

Where documents are missing, the parties may consider retrospective approval, further investigation or indemnity insurance. Insurance does not make defective work safe or lawful.

Leasehold Property

Buying a leasehold property involves purchasing the right to occupy it for the remaining term of the lease.

The conveyancer should investigate:

• the remaining lease length;
• ground rent;
• service charges;
• reserve funds;
• planned major works;
• building insurance;
• repair obligations;
• restrictions on alterations;
• letting and pet restrictions;
• management arrangements;
• disputes;
• cladding and building safety issues;
• fees payable on sale or transfer; and
• requirements for notices or certificates.

A short lease may affect value and mortgage availability. Advice should be obtained before the exchange where a lease extension may be required.

New-Build Properties

New-build purchases often involve short reservation and exchange deadlines.

Issues may include:

• buying before construction is complete;
• plans and specifications;
• construction warranties;
• roads and sewers awaiting adoption;
• estate management charges;
• planning obligations;
• completion on notice;
• snagging;
• long-stop completion dates;
• incentives disclosed to the lender; and
• differences between show homes and the completed property.

A mortgage offer may expire before the property is ready, so timing should be monitored carefully.

Joint Ownership

Two or more buyers must decide how they will own the property.

Joint Tenants

Joint tenants own the property together without separate defined shares. If one dies, the property normally passes automatically to the survivor.

Tenants in Common

Tenants in common can own separate shares, which may be equal or unequal. Each owner can normally leave their share by will.

Where buyers contribute different amounts or wish to protect a family gift, a declaration of trust may be appropriate.

Buyers should also consider:

• mortgage contributions;
• repair costs;
• what happens on separation;
• how a sale can be required;
• how proceeds will be divided; and
• what happens if one owner dies.

Mortgage Offer

A mortgage agreement in principle is not the final mortgage offer.

The lender may consider:

• income and affordability;
• credit history;
• the property valuation;
• construction type;
• lease length;
• title restrictions;
• building safety;
• source of deposit;
• gifted deposits;
• occupiers; and
• the borrower’s intended use of the property.

The conveyancer acts for the lender as well as the buyer where permitted and must report matters required under the lender's instructions.

Report on Title

Before exchange, the buyer should receive a report explaining the property and transaction.

It may cover:

• the title;
• the contract;
• search results;
• rights and restrictions;
• planning documents;
• lease terms;
• mortgage conditions;
• joint ownership;
• property tax;
• insurance;
• outstanding enquiries; and
• matters requiring further instructions.

The buyer should read the report and raise questions before the exchange. After the exchange, withdrawing is usually expensive and may amount to a breach of contract.

Buildings Insurance

The contract commonly places the risk of damage on the buyer from exchange, although this should be checked.

A freehold buyer will usually need buildings insurance from exchange unless the contract provides otherwise.

For leasehold property, the building is often insured by the landlord or management company through the service charge.

Signing Documents

Before exchange, the buyer may be asked to sign:

• the sale contract;
• the mortgage deed;
• the transfer deed;
• a Stamp Duty Land Tax or Land Transaction Tax declaration;
• a declaration of trust; and
• other lender or property documents.

Signing the contract does not, by itself, make the transaction binding. It becomes binding when the conveyancers formally exchange contracts.

Exchange of Contracts

At exchange:

• the buyer and seller become legally committed;
• the completion date is fixed;
• the deposit becomes payable under the contract; and
• the agreed terms can no longer normally be changed unilaterally.

If the buyer withdraws after exchange, they may forfeit the contractual deposit and incur additional losses.

If the seller refuses to complete, the buyer may have claims for compensation or an order requiring the sale to proceed.

The Exchange Deposit

The traditional contractual deposit is 10% of the purchase price, although a smaller amount may be accepted.

If less than 10% is paid, the contract may still hold the buyer liable for the full 10% if completion fails due to the buyer's breach.

In a property chain, deposits may be passed up the chain under the terms of the contract.

Property Chains

A chain exists where one transaction depends on another sale or purchase completing.

Delays may be caused by:

• mortgage applications;
• survey results;
• searches;
• leasehold management information;
• probate;
• title defects;
• new-build completion;
• missing documents;
• changes in a buyer’s circumstances; and
• another transaction in the chain collapsing.

No party should book irreversible arrangements until the completion date is contractually fixed.

Before Completion

The conveyancer will normally:

• carry out final Land Registry searches;
• complete insolvency searches required by the lender;
• request mortgage funds;
• prepare a financial statement;
• obtain the buyer’s remaining money;
• agree completion figures;
• check the transfer documents;
• deal with undertakings to repay mortgages; and
• confirm practical arrangements.

The buyer should arrange:

• buildings insurance where required;
• removals;
• utility accounts;
• fund transfers;
• postal redirection;
• final inspection where appropriate; and
• access arrangements for completion day.

Completion

Completion takes place when the purchase money is transferred and received in accordance with the contract.

On completion:

• the seller must vacate where required;
• ownership transfers to the buyer;
• the buyer becomes entitled to the keys;
• the seller's mortgage is repaid from the sale proceeds; and
• the estate agent is normally authorised to release the keys.

Completion time depends on the banking system and the length of the property chain. There is no guaranteed time of day unless the contract specifically provides one.

Exchange and Completion on the Same Day

Exchange and completion can occur on the same day.

This may reduce the risk of circumstances changing between the two stages, but it can create practical uncertainty because neither party is committed until exchange occurs.

Possible difficulties include:

• booking removals without certainty;
• delayed mortgage funds;
• last-minute withdrawal;
• difficulty coordinating a chain; and
• insufficient time to resolve final issues.

Stamp Duty Land Tax in England

A buyer of land or property in England may have to pay Stamp Duty Land Tax.

The amount depends on factors including:

• the purchase price;
• whether the property is residential;
• whether the buyer owns another dwelling;
• whether a previous main home is being replaced;
• first-time buyer status;
• residence status;
• whether the buyer is a company; and
• whether a relief or exemption applies.

SDLT is charged at different rates on portions of the purchase price.

Higher rates can apply to additional residential properties and purchases by companies.

The conveyancer commonly prepares and submits the return and arranges payment from the completion funds. The legal responsibility for an accurate return remains with the buyer.

Land Transaction Tax in Wales

A purchase in Wales is subject to Land Transaction Tax rather than SDLT.

Different rates, bands and higher-rate rules apply.

The property's location determines which tax applies, not the buyer's home address or the location of the conveyancer.

The Welsh Revenue Authority provides a calculator for most transactions.

Post-Completion Work

After completion, the buyer’s conveyancer will normally:

• submit the relevant property tax return;
• pay the tax due;
• serve leasehold notices;
• pay notice and registration fees where required;
• apply to register the buyer as owner;
• register the mortgage;
• deal with Land Registry requisitions; and
• provide updated title information when registration is completed.

HM Land Registry registration is separate from completion. The buyer normally becomes the owner on completion, even though the register may be updated later.

Registration can take longer when the application involves a new lease, a transfer of part, first registration, or a complex title issue.

Title Deeds

Most registered titles are held electronically by HM Land Registry.

Paper deeds may still be important where:

• the property is unregistered;
• the register refers to an older deed;
• the document contains detailed covenants or rights;
• boundaries need investigation; or
• the property is being registered for the first time.

Important original deeds should be kept securely even after registration.

Remortgaging

A remortgage replaces an existing mortgage or raises additional borrowing against the property.

The conveyancer may need to:

• check the title;
• obtain a redemption figure;
• review the new mortgage offer;
• carry out searches or arrange search insurance;
• deal with leasehold requirements;
• obtain consent from other owners or occupiers;
• redeem the existing mortgage;
• register the new lender’s charge; and
• send any balance to the borrower.

Early repayment charges, product fees, legal fees and valuation charges should be considered when comparing mortgages.

Transfer of Equity

A transfer of equity changes the legal ownership without a conventional open-market sale.

This may occur following:

• marriage or separation;
• divorce;
• tax or estate planning;
• a family arrangement;
• one joint owner buying out another; or
• adding a partner to the title.

The mortgage lender’s consent may be required.

The transaction can also create property tax, capital gains tax, insolvency and family law consequences.

Separate legal representation may be required where theparties'’ interests differ.<

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Delays in Conveyancing

Government guidance indicates that buying or selling a home currently takes around five months on average, although individual transactions vary considerably.

Common causes of delay include:

• slow mortgage approval;
• incomplete identification or source-of-funds evidence;
• search turnaround times;
• survey problems;
• leasehold management packs;
• probate;
• unregistered land;
• planning or building regulation issues;
• missing guarantees;
• title defects;
• complex chains;
• new-build construction; and
• slow responses from parties or third parties.

Promptly supplying documents and responding to enquiries can reduce avoidable delay, but no conveyancer controls every part of the chain.

If the Transaction Falls Through

Before the exchange, either party can usually withdraw without completing the exchange.

The buyer may lose:

• survey fees;
• search fees;
• mortgage fees;
• legal fees for work already completed; and
• other expenses.

The seller may lose legal, estate agency and other preparatory costs.

Abortive transaction insurance may cover some costs, subject to its terms and exclusions.

Complaining About a Conveyancer

Concerns should first be raised through the firm's complaints procedure.

A complaint may concern:

• delay;
• poor communication;
• unexpected costs;
• failure to follow instructions;
• missing deadlines;
• failure to identify a title issue; or
• another service problem.

If the complaint is not resolved, you may contact the Legal Ombudsman.

Professional misconduct may be reported to the relevant regulator.

At the same time, a claim for financial loss may require separate advice on negligence.

How a Conveyancing Solicitor Can Help

A conveyancing solicitor may assist with:

• residential purchases and sales;
• freehold and leasehold property;
• new-build purchases;
• shared ownership;
• mortgages and remortgages;
• transfers of equity;
• joint ownership and declarations of trust;
• auction purchases;
• probate sales;
• unregistered land;
• title defects;
• restrictive covenants;
• rights of way;
• planning and building regulation issues;
• property tax returns;
• Land Registry applications; and
• related property disputes.

Finding a Conveyancing Solicitor

Buying, selling or remortgaging property involves significant legal and financial commitments. A conveyancer should investigate the title, explain the contract, identify legal risks and ensure that the transfer, mortgage and registration are completed correctly.

Choose a regulated conveyancer whom your lender accepts, who provides a transparent quotation, and who has suitable experience with the type of property involved.

Use the search facility at the top of this page to find a conveyancing solicitor who can advise on buying, selling, remortgaging or transferring property.

This guide provides general information about residential conveyancing in England and Wales. It does not constitute legal, financial, mortgage, tax or surveying advice and should not replace advice about a particular property transaction.