5 min read
Conveyancing is the legal process of transferring property ownership from one party to another. Below we explain what conveyancing is and everything you need to know about conveyancing, from legal steps to costs.
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Like most people, you’re probably wondering what conveyancing means, how the conveyancing process works, how long it will take and how much it will cost. Read our article, or watch our video, for more information on the process of conveyancing.
In this article:
Conveyancing is the branch of law that deals with the legal side of moving home. When you buy or sell a house, you'll need a conveyancer or solicitor to manage the process and ensure legal ownership is properly transferred. This involves getting property searches, drafting and exchanging contracts, and completing the legal transfer on completion day.
Find out more about each step in the conveyancing process.
Experienced conveyancers or solicitors will guide you through the process ensuring everything runs smoothly, all while making sure your transaction follows the latest property laws and regulations.
Find out more about what a conveyancer is and does.
It safeguards both the buyer’s and seller’s interests. This process guarantees that every transaction adheres to legal standards. By ensuring all documents are correctly filed and legally binding, buyers and sellers are protected against potential legal disputes.
The process provides clear documentation, ensuring that the property has a valid and undisputed title. This reduces the likelihood of future ownership disputes
Essential documents, such as title deeds and contracts of sale, are prepared and reviewed. These documents are essential for a transparent and legitimate transfer of ownership. Through proper documentation, both parties can rest assured that the transaction is recorded accurately and legally.
Conveyancers coordinate various aspects pertinent to a sale or purchase. From liaising with financial institutions to handling local authority searches. This guarantees a smooth transition from initial offer to final settlement.
The conveyancing process begins once your offer has been accepted and a sale has been agreed. Watch our short video to understand exactly what conveyancing is and the process your conveyancing solicitor will go through to transfer ownership, or find the steps below.
Duration: 2 minute 16 seconds
First, you’ll have to instruct a conveyancer to act on your behalf. When an offer has been accepted the estate agent will send to your conveyancer a copy of the memorandum of sale, which provides the details of the property, the amount offered, the name of the sellers and buyers and details of each of their solicitors.
You will also be asked to complete some details and provide ID, such as a passport or driving licence and proof of residence in the form of a bank statement/utility bill, which your conveyancer will check.
If you have a mortgage offer in principle (a statement to say how much your lender will lend you) you’ll then need to contact them to inform them that you have made an offer as well as the value of the offer and the property’s details. For more information read our guide to the mortgage process.
You’ll be asked by your conveyancer to complete your details and provide your ‘instructions’ (the go ahead for the conveyancing work to start). If selling, you will need to complete a fixtures, fittings and contents form and an information form providing specific details about the property. Your solicitor will also obtain details of any mortgages on the property and will ask lenders how much is outstanding so that this can be paid out of the sale proceeds on completion.
Once your lender has received all of your details, they will arrange for a surveyor to value the property. Now is a good time to consider whether you'll also want a home buyer's survey. Remember that the valuation report issued by the lender’s surveyor is very basic and not for your benefit, whereas home buyer reports are.
There are different levels of home buyer surveys, starting from a basic survey to a full structural survey, the latter is strongly recommended if you are looking at an old or listed property. If you’re not sure which level of survey to choose, a house surveyor should be able to advise.
The contract pack, which includes the contract, the seller’s property information forms and the Land Registry documents of title will then be sent from the sellers' solicitors to the buyers.
Once the buyers have the contract pack, their conveyancer will then order any necessary conveyancing searches such as Local Authority, Drainage, Environmental or locality searches. These searches don’t apply if you are selling.
Any enquiries raised and answered between both conveyancer's will be sent to you in a legal report. This will contain information about the title to the property, a preliminary draft of the contract and the transfer for both seller and buyer to sign. You should read the contract carefully, sign it and return it to your conveyancer. The transfer is the legal document which must be signed in the presence of an independent witness over the age of 18 years.
For buyers, when your mortgage lender makes a firm offer, they’ll ask your conveyancer to check through any special conditions and verify whether the details are correct. Your conveyancer will send you a report and a mortgage deed to sign. The mortgage deed should also be signed in the presence of an independent witness over the age of 18 and then sent back to your conveyancer.
Once any outstanding issues with the searches, mortgage and enquiries are resolved, you'll need to pay your deposit. If you are buying and selling simultaneously, your conveyancer would normally use the deposit received from your purchaser to pass on to your seller, and the same will happen all the way along the chain.
It’s important to have buildings insurance in place from the exchange date. This will be a condition of your mortgage lender and protects your investment in the property.
When the contracts have been exchanged, both seller and buyer are contractually bound to complete on the agreed completion date. The conveyancers usually exchange contracts over the telephone and then send the completed signed contracts by post.
On the agreed day of completion, the buyer's conveyancer will send the outstanding balance to the seller’s solicitor by telegraphic transfer. As soon as they have confirmed they have received the monies, the keys can be released. The property will then have legally transferred ownership.
Following completion, if you're the buyer, your conveyancer will pay Stamp Duty Land Tax on your behalf. They will also let the Land Registry know that you are the new owner of the property and that the mortgage lender has an interest in your property.
A few weeks later, you will finally either receive a copy of the title information document showing you as owner, or confirmation that you have sold the property.
Conveyancing in the UK is an essential aspect of property transactions, ensuring they are conducted legally and transparently. Here's an overview of the key laws that underpin this process.
Law of Property Act 1925 - This fundamental piece of legislation sets out the rules for property ownership and the transfer of land.
Land Registration Act 2002: Governs the procedures for registering land ownership and interests with the Land Registry, ensuring official proof of ownership and reducing fraud risks.
Land Registry - Every property transaction must be recorded with the Land Registry. This provides an official record of property details and ownership changes
Due diligence - Part of the conveyancing process involves thorough checks and searches to identify any potential issues. These include Local authority searches for planning and building regulations and Environmental searches to assess risks like flooding or contamination
Financial Transactions - Conveyancing law covers the transfer of purchase funds and the co-ordination of mortgages and financial arrangements
Stamp Duty Land Tax (SDLT) - A statutory obligation for most property purchases. A conveyancer must complete the accurate assessment of SDLT liabilities and correct submission of required tax documentation.
How long conveyancing takes, is mostly dependent on yours and your property’s circumstances and the current market conditions. As a general estimate, for a sale, you could be looking at around 10 weeks or around 12-24 weeks for a purchase.
The conveyancing process starts to get a bit more complicated, and lengthy when any of the below are applicable:
You are buying and selling and there is a chain involved
Your property is a leasehold
You are using other funds to help you buy, such as a gifted deposit, or Lifetime ISA
You are buying a probate property
There are delays from your buyer or seller
Find out more about how long the conveyancing process takes.
Conveyancing costs vary depending on many factors, such as if you are selling only, you could expect to pay around £600, whereas if you are buying and selling, you could be looking at a cost of almost £2,000. If you’re buying or selling a leasehold, you should also expect to pay more than if your property is a freehold. The best way to find out an estimated cost for your conveyancing is to get a quote, entering your details as accurately as possible. Alternatively, you can find a comprehensive list of conveyancing fees in our guide.
No Move No Legal Fee guarantee
Unlike many high street solicitors, if the transaction falls through, through no fault of your own, you won’t have to pay us any legal fees. Also, if you have already paid for searches, we will honour searches free of charge on an alternate property.
Property Specialists
The conveyancers we work with are all specialists in this field – this is all that they do, so they are better placed to help you with specialist knowledge and without any other distractions.
Online document submission
All the conveyancers we work with are based online, so you'll never need to visit your conveyancers offices. You can manage your move online through our eWay portal, meaning a lot less paperwork and delays.
Get in touch with one of the team
If you would like to speak to your conveyancer, please log in to your eWay account where you can find their contact details.
Log in to eWayMonday - Friday
9am - 5pm
If you would like to discuss a quotation you have received please call our Move Specialists on
0333 234 4425Monday - Friday
9am - 5pm
If you would like to email us, please send it to the following email address:
quotations@myhomemoveconveyancing.co.ukMonday - Friday
9am - 5pm
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