Conveyancing is the legal transfer of property (or land) from one owner to another. It refers to all the legal and administrative tasks that are needed to transfer property ownership. It's a crucial part of buying and selling property.
The conveyancing process starts when an offer is accepted on a property and ends when the sale is completed and the contracts are signed.
Your conveyancer will carry out tasks such as:
Carrying out local council searches
Reviewing your mortgage offer
Negotiating exchange and completion dates
Collecting and transferring money for the property purchase
Requesting title deeds and checking property boundaries
Paying Stamp Duty Land Tax
Passing on queries to the seller’s solicitor
Dealing with the Land Registry
Providing legal advice.
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Who can do conveyancing?
Conveyancing can be carried out by a solicitor, property lawyer or licensed conveyancer. It’s best to choose someone with experience dealing in residential property transactions.
Keep in mind that some mortgage lenders will ask you to choose from a list of preferred conveyancers. If you use a conveyancer that is not on their panel, you might have to pay a fee to the lender.
Some people choose to do the conveyancing themselves. But going down this DIY route can be risky, and you’ll need a good understanding of property law. As well as involving a lot of time and effort, you might make a mistake that could cause the sale to fall through.
What is the difference between a solicitor and a conveyancer?
A solicitor is qualified in all areas of law, while a conveyancer specialises in property. Their experience can vary, but both are qualified to complete your conveyancing.
However, if you use a solicitor, it’s worth checking how much experience they have in property first as it may not be their primary area of expertise.
What are the steps in the conveyancing process?
There are several stages in the conveyancing process. These are outlined below:
Instruct a conveyancer
You’ll first need to find a conveyancer or solicitor to act on your behalf. Online conveyancing services can be cheaper, but it’s a good idea to shop around and compare quotes from different companies before you go ahead.
Complete ID checks
Once you’ve instructed a conveyancer, they will carry out the necessary ID and anti-laundering checks. You’ll be asked to complete some details and provide proof of ID, such as a passport or driving licence, and proof of address, such as a bank statement or utility bill.
Request contract pack and deeds
Your conveyancer will write to the seller’s solicitor to confirm they have been instructed and request the contract pack. This will include the contract, the seller’s property information form and the Land Registry documents of title.
Any enquiries can be raised at this point, so you’ll need to go through the seller’s forms and documents carefully. Check whether your new home is freehold or leasehold, what fixtures and fittings are included in the sale and that you understand the property boundaries.
Arrange a property survey
Although it’s not a legal requirement to have a survey on the property you’re buying, it’s advisable to get one. It could save you thousands of pounds in the long run. Your survey will highlight any major issues in the property and flag any costly repairs that might need to be carried out before you can move in.
You can choose from a basic Level 1 survey, a more detailed Level 2 survey or a thorough Level 3 building survey. If the survey highlights any serious issues, you might be able to renegotiate the price or even pull out of the deal.
Carry out property searches
A conveyancer will also conduct a series of property searches to give you more information about the property you’re buying and flag any associated risks – such as plans to build houses at the bottom of your garden.
These searches can include:
Local authority
Planning searches
Environmental
Water and drainage
Flood risk
Chancel repair (to check if the property is in the boundary of a parish that could charge for repairs).
Mortgage conveyancing
When you apply for a mortgage, you’ll also need a mortgage valuation. This confirms the property’s value and whether it is suitable security for the loan you’ve applied for. Your lender will usually arrange this for you, but you’ll need to pay for it.
Once you have received your mortgage offer, your solicitor will be sent a copy and will go through your mortgage conditions.
Exchange contracts
When all property enquiries have been dealt with and you’ve arranged buildings insurance for your new home, your conveyancer will review the draft exchange contract.
Your conveyancer and the seller’s conveyancer will usually read out the contracts over the phone to ensure they are identical and then send them to each other in the post. Your deposit will also be sent to the seller’s solicitor and the completion date will be set.
As soon as the contracts are signed, the transaction is legally binding. If you back out now, you’ll lose your deposit, and the seller could sue you.
Purchase completion
On the agreed completion date, your conveyancer will pay the balance of the sale price, minus the deposit paid, to the seller. Once the funds are received, you should be able to pick up the keys to your new property from the estate agent and the property officially changes ownership. You can now breathe a big sigh of relief!
Your solicitor will then register the property transfer with the Land Registry and pay any Stamp Duty Land Tax and other fees on your behalf. They will also send you their bill.
How long does conveyancing take?
On average, conveyancing takes between eight and 12 weeks to complete. But this will depend on the complexity of the transaction. This can include whether there is a chain involved, how quickly the conveyancers work and whether there are any delays in getting searches returned or enquiries resolved.
How much does conveyancing cost?
You can expect to pay around £850 to £2,000 for conveyancing when buying a home. This includes the conveyancer’s fees, council searches and Land Registry fees.
But again, the cost of conveyancing can depend on the complexity of the transaction and if there’s any additional legal work involved. Delays can occur if you’re buying a probate property or if there is a chain.
How to find a good conveyancing solicitor
The key to finding a good conveyancing solicitor is to shop around. Compare both the cost and the solicitor’s experience to be sure you’re finding the right person for the job. It can be worth paying a bit more for good communication and thorough service.
You can easily compare conveyancing firms online. But it’s also worth asking for recommendations from friends, family, your mortgage lender or estate agent, and checking out online reviews.
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Frequently asked questions on conveyancing
Who pays for conveyancing?
Both the buyer and the seller will need to pay for conveyancing when a home is being sold. That means you’ll both need to find your own conveyancer.
How can I speed up conveyancing?
You can speed up the conveyancing process by instructing your conveyancer before you make an offer on a house and by arranging your mortgage as soon as possible.
It'll also help if you check your paperwork is in order and respond to enquiries quickly. Plus, it doesn't hurt to ask your conveyancer and estate agent for regular progress updates.
How can I become a conveyancer?
If you want to become a licensed conveyancer you’ll need to pass the Council for Licensed Conveyancers qualifications:
Level 4 Diploma in Conveyancing Law and Practice
Level 6 Diploma in Conveyancing Law and Practice
You’ll also need to carry out 1,200 hours of supervised practical experience. In addition, it can help to have work experience in the real estate sector or property law, as well as a law degree.