Conveyancing explained: who does it and what it covers

What conveyancing covers

Whatever the nation, the buyer’s legal representative does the same core things:

• checks that the seller owns the property and finds what limits its use (restrictions, rights of way, obligations);
• raises questions with the seller’s representative and reads the contract and searches;
• reports to your lender and deals with the mortgage paperwork, because the lender also needs the title to be sound;
• exchanges or concludes the contract, moves the money at completion, and registers you as the new owner;
• deals with the tax return when the tax is payable (see Stamp Duty Land Tax, LBTT in Scotland and Land Transaction Tax in Wales).

For the order of the steps, see buying a home in England, in Scotland and in Northern Ireland.

Who can act, nation by nation

In England and Wales, the SRA regulates solicitors and can regulate any firm doing conveyancing. The Council for Licensed Conveyancers (CLC) regulates licensed conveyancers, who have been able to act instead of a solicitor since 1987 (CLC). You can check a firm yourself: the SRA says you can find out whether it regulates a firm using the Solicitors Register, and the CLC has a search for its lawyers. Checking is your job, not something this site does for you.

How it works in each nation

England and Wales. After your offer is accepted, you select a legal representative. GOV.UK advises getting several quotes, comparing price, quality and service, checking whether the firm is on your lender’s panel, and asking for a letter of engagement setting out fees, timescales and your instructions. The deal is not binding until contracts are exchanged. Searches are valid for a limited number of months and usually have to be paid up front. See property searches and exchange and completion.

Scotland. Your offer must be sent as a letter from your solicitor. If the seller agrees, their solicitor replies with a qualified acceptance, and the two solicitors then negotiate the conditions by exchanging letters called missives. The concluding missive is a binding contract (mygov.scot). Your solicitor then examines the deeds and reports any burdens affecting the land. At settlement, the solicitor confirms to your lender that the home is in your name, hands over the money, and receives the disposition (the transfer document), the title deeds and the keys.

Northern Ireland. The Law Society of Northern Ireland says your solicitor must check that the property has “good and marketable title”, drafts the transfer, arranges registration at Land Registry, and will usually submit your Stamp Duty Land Tax return to HMRC. Fees: you should get a fee estimate in writing, in the format set by the Law Society, and if the case becomes more complex your solicitor must send an updated estimate and ask your permission. nidirect says you usually pay a deposit of at least five per cent of the price on exchange of contracts, and that the whole process often takes around two to three months.

One solicitor for you and your lender

In Northern Ireland, the Law Society’s guide says your solicitor acts for you and your mortgage lender equally. The Society notes that mortgage lenders have a number of requirements and that confirming the title can be time-consuming. Your conveyancer can only advise on the legal side of the mortgage, not on whether it suits you.

Fraud

Conveyancing involves large sums of money. GOV.UK tells you to check that you are speaking or emailing the person or business you think it is and that you transfer money to the correct bank account. The Law Society of Northern Ireland tells solicitors to give you a “Call Check and Confirm” leaflet. Never act on changed bank details received by email without calling your solicitor on a number you already hold.

Which professional to consult

A conveyancer does the legal work. A mortgage adviser can tell you which firms your lender accepts, and a surveyor deals with the physical condition of the building, which your conveyancer does not inspect.