The Complete Guide to Conveyancing in the UK

Buying or selling a home is a significant yet potentially stressful event, often filled with excitement and anticipation. One of the critical processes involved in buying a property is conveyancing, which refers to the legal transfer of ownership from one person to another. Although it might seem daunting at first, understanding each step can help make the process smoother and less stressful.

What is Conveyancing?

Conveyancing is the legal process that ensures the buyer gets the title (ownership) of the property along with all the rights associated with it. It starts when an offer on a house is accepted and ends when the keys are handed over to the new owner.

Who Does Conveyancing?

Conveyancing is typically carried out by solicitors, licensed conveyancer or legal executives.

Why HCB?

HCB Solicitors brings decades of expertise to every aspect of conveyancing, ensuring that you’re fully supported at each step. Our conveyancing directors lead by example, personally managing transactions and heading their own specialist departments.
We cover a broad range of services, including traditional residential conveyancing, new build purchases, conveyancing for limited companies & bridging finance, auction transactions, re-mortgages, and transfers of equity, among others.

Steps in the Conveyancing Process

1. Pre-Contract Stage

Instructing a Lawyer

As soon as an offer has been accepted on a property being sold or purchased, instruct a solicitor or lawyer to act on your behalf.
You’ll need to provide your lawyer with necessary details about the property, your identification, and proof of funds if necessary.

Drafting Contracts

The seller’s lawyer prepares a draft contract and sends it to the buyer’s lawyer which will include the Title Deeds and other Documents as well as the Property Information Forms – such as; TA6 (general property information), TA10 (fittings and contents), and TA7 (for leasehold properties, if applicable).

2. Searches

Searches are applied for by the buyer’s lawyer to help ensure there are no hidden issues or risks associated with the property. Searches typically take 2-3 weeks but can vary depending on the local authority.

The usual searches include:

• Local Authority Searches: Checks for planning issues, highways information, and other local matters.
• Environmental Searches: Ensures there are no risks like flooding or contamination.
• Water and Drainage Searches: Confirms the property is connected to the main water supply and sewer system.
• Additional Searches: Depending on the property’s location, additional searches like mining or Chancel Repair may be needed.

3. Enquiries

Enquiries are questions & queries raised by the buyers solicitor once they have reviewed all the information they have been provided. The sellers solicitor responds to the buyers’ enquiries until the buyer and their solicitor are satisfied.

4. Mortgage and Survey

If a purchase is being financed by a mortgage, to reduce the risk of any delays, the buyer should apply for the mortgage as soon as an offer as been accepted. Once approved, the lender will issue a formal mortgage offer detailing the terms of the loan to the buyer and their lawyer.
The buyer may wish to arrange a survey on the property being purchased to assess the condition of the property. The common types of survey include a Homebuyer Report (more general) and a Building Survey (more detailed).

5. Exchange of Contracts

When the buyer and their solicitor are happy that everything has been answered satisfactorily, .a completion date is agreed upon between the buyer and seller.
Both buyer and seller sign their copies of the contract and return them to their respective lawyer.
The signed contracts are exchanged with completion set for the date agreed. At this point, the buyer pays a deposit (usually 10% of the purchase price) which is held with their lawyer.
After exchange, both parties are legally committed to the transaction. If either party withdraws, financial penalties may be incurred.

6. Completion

The buyers solicitor will request any mortgage funds from the lender as well as any additional balances from the buyer in readiness for completion.
The purchase funds are transferred to the buyers lawyer and once received, the sellers solicitor confirms completion and the buyer can collect the keys!

7. Post-Completion

Once the buyer has moved in their solicitor registers the property with land registry which transfers the legal title (ownership) of the property to the new owner(s).
The solicitor will also settle any Stamp Duty or Land Transaction Tax that might be due.

8. What are the costs Involved in Conveyancing?

The cost of conveyancing when buying a house in England or Wales generally ranges from £600 to £1,500. The cost can vary depending on things including:

• The value of the property
• Whether the property is freehold or leasehold
• The complexity of the transaction
• Your location

Like us, most Solicitors offer fixed fees, which means you will know the cost upfront before you instruct. Being provided with a detailed quote upfront allows you to not only compare with other solicitors but it will allow you to budget accordingly.

What Can I do to speed conveyancing up? Top Tips

• Choose a Reputable Lawyer: Seek recommendations and check reviews to find a lawyer with a good track record. It is recommended to choose the same lawyer to deal with both sale and purchase to avoid delays with the transaction and with completion.
• Act Promptly: Respond quickly to requests from your lawyer to avoid delays.
• Stay Informed: Keep in regular contact with your lawyer and stay informed about the progress.
• Budget Wisely: Be aware of all potential costs and budget accordingly.
• Be Prepared: Gather all necessary documents and information early in the process.

How to Resolve Common Issues

Delays in Searches: These can be frustrating and are often out of the buyers, sellers or the lawyers hands. Staying in touch with the lawyer and paying for searches promptly can help expedite the process.
Survey Problems: If the survey reveals issues, it might be necessary to negotiate with the seller for repairs or a price reduction.
Mortgage Delays: Ensure all documents are in order and respond promptly to the lender’s requests. Applying for the mortgage swiftly will help reduce any delays.
Source of Funds: Ensure you make your lawyer aware of how you are funding your transaction and any third party gifts or loans as early as possible so the further necessary checks can be undertaken to avoid any delays.

Conveyancing is an essential part of buying or selling a property in the UK. By understanding each step and knowing what to expect, you can navigate the process with greater confidence and ease. Choose a good lawyer, stay informed, and be proactive to ensure a smooth transaction and enjoy the exciting milestone of moving into your new home or completing the sale.

This guide aims to provide a clear, concise overview of the conveyancing process, helping demystify what can often seem like a complex legal journey. Whether you’re a first-time buyer, seasoned investor, or selling your home, understanding conveyancing will help you make informed decisions and proceed with confidence.
If you would like to discuss how HCB Solicitors can help with your sale or purchase, get in touch with our dedicated and experienced team today by Contacting your local office.