Buying a property in Scotland vs England
Conveyancer, Solicitor and Lawyer
When you buy or sell property, you need to appoint a legal professional to complete the transfer of property ownership and manage the conveyancing process.
In England, you would either use a Licensed Conveyancer - a legal professional who specialises in property law and is regulated by the Council for Licensed Conveyancers - or a Solicitor, a qualified legal practitioner who can perform conveyancing duties, as well as advise on other areas of law, and who is regulated by the Solicitors Regulation Authority.
In Scotland, however, conveyancing is almost exclusively carried out by solicitors. While the term 'conveyancer' may be used informally to describe someone involved in property transactions, it is not a commonly used or regulated title in Scotland.
Solicitors manage the full legal process, including advising on the Home Report, submitting formal offers, and concluding missives. A solicitor is a type of lawyer, regulated by the Law Society of Scotland. Although the term lawyer has often been used more broadly, it is now a legally protected title in Scotland, and can only be used by individuals registered with the Law Society of Scotland or the Faculty of Advocates, ensuring a high standard of professionalism and legal accountability.
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Home reports
In England, a buyer might want to carry out a survey on the property they are hoping to buy. Whilst, it is not a legal requirement, its is recommended to have a survey on any property you wish to purchase, but it does come at a cost to the buyer.
In Scotland, however, it is a legal requirement for the seller to pay for a Home Report. This is essentially a pack of information about a property, which includes:
Single Survey: This is an assessment of the property’s condition and accessibility, as well as a mortgage valuation.
Energy Report: This is the Scottish equivalent of an Energy Performance Certificate (ECP). It provides information about the energy efficiency of the property and any improvements that could be made.
Property Questionnaire: This is a summary of other relevant information about the property, such as parking agreements, council tax banding and flood risk assessments.
If you find a property in Scotland you like, you can request the Home Report from the seller before you put in an offer.
Government schemes
Government help-to-buy schemes in Scotland differ slightly to those in England.
In England, there are a range of first time buyers schemes that first-time buyers can take advantage of, including the Equity Loan scheme and shared ownership.
The current scheme in Scotland is the Low-cost Initiative for First-Time Buyers (LIFT), which is similar to a shared ownership in England.
Buying your first home? Find out more about the first-time buyer schemes available in Scotland.
Conveyancing
In England, you tend to instruct a conveyancer once you have had your offer accepted on the property you wish to buy.
In Scotland, however, you will need to instruct your conveyancing solicitor the same time you start looking for your next home. This is because you will need them to explain the Home Report to you, and to come up with and submit your offer. This is particularly important to remember if you are selling in England at the same time as buying in Scotland. Find out more about the buying process in Scotland.
Stamp duty
The Scottish equivalent of Stamp Duty Land Tax is called Land and Buildings Transaction Tax (LBTT), and the banding is slightly different. Visit Revenue Scotland for more information on LBTT or use our LBTT calculator to get an estimate for your purchase.
Terminology
There are few differences in the terminology used when moving home in Scotland compared to England. Instead of ‘exchange’ you will hear ‘conclusion of missives’, and ‘settlement’ is used instead of ‘completion’.
Check out our Scottish conveyancing jargon buster to learn more about the terminology used when buying a property in Scotland.
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