All About Conveyancing in the UK


Conveyancing, which is the process of legally transferring the ownership of property, is necessary whether you are buying, selling or remortgaging a property. It starts when a buyer or seller accepts the offer and ends when you either receive the keys to the property or, if you are selling, when you hand over the keys to the new owner. The whole process requires the use of a solicitor or a conveyancer. On your behalf, they will ensure that all necessary documentation is obtained and they will also ensure that you have a water tight contract.

It is recommended that you hire your own solicitor or conveyancer rather than use one who is recommended by your real estate agent - they usually work on commission basis and may end up costing you more. In case you are wondering the difference between a solicitor and a conveyancer, they both specialize in property law but a solicitor is trained in many other aspects of the law and is almost always more expensive than a conveyancer.

Conveyancing for Property Buyers
Conveyancing for buyers is different from conveyancing for sellers. There are several steps that you need to undertake:

• The first thing to do is find a solicitor or a conveyancer. We will cover how best to hire them a little later.
• Their first job is to get you a draft of their terms of engagement which outlines what they are doing for you, what they will charge you for it and any deposits they may require. At this point, feel free to negotiate their fees – many are flexible and will be willing to give discounts to clients.
• Your solicitor then contacts the people that you’re buying from and collects all relevant documentation pertaining to the property. They then go through the documents to make sure that all issues are addressed and they also help you understand what the documents mean. It is their job to advice you on any tenure issues that may arise.
• Next comes the property searches and there are several of them: a local authority search, a registry search to prove ownership of the property by the seller, a check for flood risk, a water authority search, a chancel search and a location specific search. These searches will cost you money and you can expect to pay anything between £300 and £600.
• Assuming that your mortgage is in place, your solicitor will examine the mortgage contract to make sure that everything is in good order.
• Next comes the mortgage valuation. Basically, the mortgage company wants to know whether the loan they’re giving you is secured by the property you’re buying.
• Once you get building insurance, you are ready to sign the contract.

Conveyancing for Property Sellers
Again, you start off by hiring a solicitor or conveyancer.  Here is what you do next:

• The first thing you will do is fill out extensive questionnaires about the property you’re selling and anything else that you will be including in the sale. This include Forms TA6, TA7, TA9, TA10 and TA13. You are required to be completely truthful because if you provide information that doesn’t match, the forms could be used to prosecute you in the future.
• The solicitor collects information from these forms which he uses to come up with a draft contract for your buyer. It includes the date of completion, what exactly you are selling and for how much and whether there are any repairs and who will undertake them.
• Contracts are then exchanged by both parties and once this is done the legally bound to sell to them.
• You will then receive a 10% deposit or whatever amount you agreed to with the buyer along with a schedule of how the rest of the payment will be made.
• Lastly, you need to pay your solicitor and real estate agent if you had hired one.

Benefits of conveyancing
Is it worthwhile to hire a conveyancer? Can you do it yourself? Yes you can, but only if you have the legal expertise that’s required when selling or buying property. As you can see, there are quite a lot of steps to the procedure and getting even a single detail wrong could end up costing you thousands of pounds or you may lose your property all together.

Choosing a solicitor or conveyancer
There are several things you should take into account when hiring a solicitor to buy or sell your property. First and foremost they should be located close to you. This is because they will need to visit your property during the conveyancing process. You also want someone who is familiar with dealing with properties like yours and who has high ratings. Find out what happens in case the deal doesn’t come through – do they still charge you legal fees?  There are many good ones that don’t. In addition to that, understand how they charge and when you are expected to pay. Do they require a deposit? Lastly, always compare fees before you settle on a solicitor. Legal fees are usually quite expensive but there are many conveyancers who are willing to offer competitive fees.

The easiest way to find a good conveyancer is to ask family and friends for referrals. That way, you will be using a service that has been tested. If you fail with this method, try looking online for solicitors in your area.

Common Conveyancing Terms
Sale: This is when you own a property and you want to sell it to a new individual or entity. It is guided by a strict legal process.
Purchase: This is when you acquire a new property from its owner. It is also guided by a strict legal process.
Sale and Purchase: A sale and purchase agreement is one that lists all the terms of a property sale and purchase.
Remortgage: This is when you pay off an existing mortgage by taking out a new one.
Transfer of Equity: Equity is the value of a property. When you transfer it, you are legally passing ownership to a different person or entity without any exchange of money.

Frequently Asked Questions in Conveyancing

1. How long does the conveyancing process take?

The duration of the conveyancing process is not fixed and it can be affected by things such as if there are any issues about the property, whether or not you have financing, how long the solicitors are taking to exchange documents and so on. If there are no issues you can expect it to last 6 weeks.

2. What is an EPC and why do I need it?

EPC stands for Energy Performance Certificate and it is a legal requirement. It is used to determine how energy efficient a property is. It also lists any recommendations that have been made to make the property more energy efficient. The inspection is arranged by a real estate agent.

3. Can a buyer and seller share a solicitor?

This is not generally recommended because of the potential conflict of interest that could occur.

4. I am buying a property; who will insure it?

Once you exchange the contracts you are responsible for homeowner’s insurance. If you are mortgaging, you should be aware that your lender makes this a requirement before you exchange contracts with your seller.

5. What is a leasehold property?

A lease allows you to use a property for a certain period before owning it. This is the case with flats and jointly owned properties.

6. My partner and I both want to invest in a property; how do we go about ownership?

This is quite common today and one way to go is to list both of you as owners. You can be more specific and assign percentages each of you will own. If you are both contributing half the property cost, for instance, you can be listed as 50-50 owners. Should one of you pass away, the rest of the property automatically goes to the other partner unless the departed has stated otherwise in a will.

7. When do I get to move in?

You can move in one the day before completion which is when payment for the property is made. If you really must move in before then, you can talk to the seller to see if they are willing to allow you to move in before this date. This, however, can only happen after exchange of contracts.

8. What happens to deeds after completion?

Your solicitor will register you in the Land Registry as the owner of the property and hand over all relevant documents to you for safe keeping.

9. What are disbursements?

These are the fees that you will be required to pay during the conveyancing process. They will cover charges for searches and any other expenses.

10. Do I need to do my own survey?

Yes, it is recommended that you do. The survey that the mortgage company does is quite cursory and they are not obligated to tell you about any damage they may uncover. To protect your investment, you should hire an independent surveyor to give the property a thorough look.