3 min read
Considering moving to Scotland? If so, you'll soon find that the process of buying a Scottish property differs from doing so England in a number of ways. Here we talk through some of the key differences you'll encounter.
Deputy Head of Conveyancing & Licensed Conveyancer.
Published April 4th 2025
Updated on April 11th 2025
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With dramatic countryside and a rich history, Scotland has long been a sought-after location for those looking to move somewhere new. But with a new country comes a new set of rules and regulations, and this is true for the Scottish property market, with Scotland's legal system having its own bidding process, stamp duty and approach to legal paperwork. Below we outline some of the key ways that Scotland's house-buying process differs from England's.
In this article we explain:
In England, an estate agent will list properties at a price the home is worth, and that the seller is happy with, whereas in Scotland, the property will be advertised with the lowest price that the seller would be willing to accept. From there, potential buyers will submit sealed bids over this price, along with a timescale for when they'd be able to move in.
Bids are often made between 5% to 20% above this minimum price, depending on the competitiveness of the market and the desirability of the location.
Strange as it may sound, gazumping is a well-known term in the property business, referring to when a buyer with an accepted offer on a property gets one-upped by another buyer making a higher offer. Gazumping can be incredibly frustrating, but with Scotland’s auction-like bidding process applying to the majority of property sales, gazumping becomes far less likely, as properties are immediately taken off the market when an offer has been accepted.
Scotland's version of stamp duty is called the Land and Buildings Transaction Tax (LBTT). The tax works similarly to English stamp duty, just with different thresholds:
| Purchase price | LBTT rate | ||
|---|---|---|---|
| Up to £145,000 | 0% | ||
| £145,001 to £250,000 | 2% | ||
| £250,001 to £325,000 | 5% | ||
| £325,001 to £750,000 | 10% | ||
| Over £750,000 | 12% |
To find out how much Land and Buildings Transaction Tax you will have to pay, use our calculator.
Conducted by qualified professionals, a survey of a property can tell potential buyers about any structural issues that they need to be aware of before moving forward with their offer. Whilst recommended, in England a survey is optional, with the cost being covered by the potential buyer rather than the seller.
In Scotland however, all sellers are required to commission a survey (known as a Home Report) for their property before it can be listed, with exceptions applying to New Build properties only.
A Home Report will include a traditional survey, alongside a report about a property's energy performance and an in-depth questionnaire to give potential buyers all the information they need to make an informed decision.
In England an offer will be put forward by an estate agent on behalf of an interested buyer, whereas in Scotland it's the conveyancer who'll take care of this, alongside confirming the buyer's mortgage, taking care of the legal paperwork and establishing a move-in date.
Given the fast-paced nature of Scotland’s blind bidding system, it’s advisable to have instructed a conveyancer before you start looking at properties, ensuring that you can note your interest promptly when you find a property you’re interested in.
With an expert conveyancing team based in Scotland we're here to help make your moving dream a reality.
In England, a potential buyer can expect most of the required paperwork to be contained in a single contract. In Scotland however, the equivalent paperwork will be broken down into a number of individual letters, called the missives.
These begin with the buyers offer, which is then followed by the seller's solicitor's response. This is known as a "qualified acceptance", which can lead to further negotiations between the two solicitors.
Once complete, a final letter known as a "concluding missive" is issued, establishing that the missives have been finalised. The deal becomes legally binding at this stage, meaning that a formal contract exists between the buyer and seller earlier than in English property transactions.
To understand all of the different terms used in the Scottish conveyancing process take a look at our article - Scottish property terms explained.
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