Buying a home in Northern Ireland: process and registers

The steps

nidirect gives this order:

1. Budget. Include one-off costs such as the deposit and Stamp Duty, and ongoing costs.
2. Finance. Most lenders will say how much they will lend in an “agreement in principle”. The amount depends on the lender’s affordability checks: see mortgage affordability rules and mortgage in principle.
3. Find a property through an estate agent, a private sale or an auction.
4. Make an offer.
5. Hire a solicitor. The estate agent will ask you and the seller for the solicitors’ details.
6. Survey. nidirect says to get the property surveyed; your lender may also need a valuation. See survey levels.
7. Mortgage. A full application is usually made once you have found a property.
8. Exchange contracts.
9. Completion.

What your solicitor does

The Law Society of Northern Ireland says the solicitor must check that the property has “good and marketable title”: ownership, restrictions on use and alterations, subletting; services and easements such as access; and issues from searches such as boundaries and planning permission. The solicitor also drafts the transfer, arranges registration at Land Registry, and will usually submit your Stamp Duty Land Tax return. Your solicitor acts for you and your lender. See conveyancing explained and property searches.

You should obtain a written fee estimate in the format set by the Law Society, so you can compare like for like. If the case becomes more complex, the solicitor must give you an updated estimate and ask permission to continue.

Exchange and completion

nidirect says exchange is the point at which the sale becomes legally binding: both solicitors get buyer and seller to sign, and the contract lists included items. The deposit is due at exchange. At completion your solicitor arranges for your mortgage company to pay the balance to the seller’s solicitor, and the house becomes yours on the agreed date. More in exchange and completion.

Tax

Stamp Duty Land Tax applies in England and Northern Ireland, and GOV.UK says to send the return and pay within 14 days of completion. Rates, reliefs and surcharges are in the SDLT guide and the calculator. For first-time buyers see first-time buyer relief.

The two land registers

Registration on sale. The Department of Finance guide says that after a sale of unregistered property, “the title must be registered in Land Registry” unless an exception applies (for example, transactions with no money paid, mortgages and leases under 21 years). The application must be lodged within three months of the date of the purchase deed, otherwise the transaction becomes void; an extension may be requested. Your solicitor handles this.

Searching. For registered land the folio shows the current registered owner and any rights or charges; unregistered land needs a Registry of Deeds search. nidirect says it is not currently possible to search the Land Registry online: requests go by email, telephone or in person to Land & Property Services, with the postal address. See the title register guide.

Leasehold and ground rent

nidirect says homeowners who pay ground rent under a lease or fee farm grant can buy it out for nine times the annual ground rent plus a Land Registry fee of £50; owners of flats and apartments cannot. See leasehold and freehold.

Which professional to consult

A conveyancer (in Northern Ireland, a solicitor) handles contracts, searches and registration. A surveyor inspects the property. A mortgage adviser helps with the loan.