A step-by-step guide to the conveyancing process
You cannot buy your first home or any other property without going through conveyancing. We guide you through the conveyancing process and explore the key differences between a conveyancer and solicitor.
Key takeaways
Conveyancing refers to the legal process of transferring ownership of a property or piece of land from the seller to the buyer and involves various checks, searchers, and paperwork
The process starts when an offer on a property is accepted and ends when the final contracts are signed and funds and deeds are transferred
Average conveyancing fees for buying a property are £1,513.
What is conveyancing?
Conveyancing is the legal process of transferring ownership of a property or a piece of land from one person to another. It involves completing legal administrative tasks, such as carrying out searches and preparing paperwork to exchange contracts.
The conveyance process begins once an offer is accepted and ends when the final contracts are signed and the funds have been transferred to complete the purchase and the property is registered in your name.
Who does my conveyancing?
A conveyancer or solicitor handles all conveyancing-related tasks during the sale of the property. When choosing a conveyancer or solicitor, consider their experience, reputation, and company size.
Some mortgage lenders will have a preferred panel of conveyancers. If your chosen conveyancer isn't on this list, your lender will need to instruct a separate solicitor to handle legal issues. This can result in extra cost and delay the process by dealing with two separate parties.
What is the difference between a conveyancer and a solicitor?
The main difference between a conveyancer and a solicitor is that a conveyancer specialises in property law and can assist with routine property transactions, whereas a a solicitor can help with further complicated legal issues that may arise during the process.
Examples include existing boundary disputes with neighbours or if a buyer fails to disclose any information about the property e.g. structural defects.
If you expect your property sale will be straightforward, then a conveyancer will be sufficient to complete the transaction. However, if you suspect there may be complex legal issues down the line, then instructing a solicitor may be more beneficial.
What does a conveyancer do?
A conveyancer is responsible for many tasks during the sale of a property. Typically, they will:
Handle contracts and documents
Carry out local council searches and property searches
Deal with the Land Registry
Transfer the payment for the property
Oversee the exchange of contracts
Liaise with estate agents
Is it a legal requirement to use a property conveyancer?
No, you're not legally required to use a conveyancer when buying or selling a property in the UK. However, it's highly recommended to use a professional because of the complex process involved in transferring ownership of a property or land.
What are the steps of conveyancing?
There are several stages to the conveyancing process. Here is a step-by-step guide:
The conveyancing process
Step 1: Instruct a conveyancer or solicitor
The first step is to instruct a qualified conveyancer or solicitor to lead the process. You'll be asked for personal information and details about the property.
Step 2: Property survey
Although not a legal requirement, a property survey is recommended early on in the process to assess the condition of the property and identify any issues. Your solicitor can advise on how to proceed if there are any significant problems flagged on the survey.
If you're considering renegotiating the price or terms with the seller, your conveyancer will need to be made aware and get everything agreed in writing.
Step 3: Property searches
Your conveyancer or solicitor will arrange and undertake property searches, which highlight information such as nearby planned roadworks, property planning applications, and whether there are any environmental risks such as flooding or gas leaks.
Step 4: Raise enquiries and draft contracts
The buyer's conveyancer asks questions about the property's legalities such as boundaries, shared access, and the tenure of your new home i.e. is it a leasehold or freehold property?
They will produce a report for the buyer to read and give the buyer the opportunity to ask questions or flag any concerns they may have. Once the buyer is satisfied, a draft contract is prepared.
Step 5: Sign and exchange contracts
Both parties sign and exchange contracts, which are drafted by the conveyancer.
Step 6: Completion day
The legal titles are passed over to the buyer, and the seller receives the funds and leaves the property empty for the buyer to move in.
Step 7: Post completion
After completion, your conveyancer will register the property in your name at the Land Registry. This can take between two to six months but may be longer depending on the circumstances.
What does a conveyancer check during a property search?
As part of the house conveyancing process, a conveyancer will conduct a set of legal property searches including:
Local authority searches: Shows planning applications, building regulation approvals, and checks if the property is in a conservation area
Title register and title plan at the Land Registry: Lists legal documents that prove the seller is the owner and can legally sell to you
Environmental checks: Highlights potential environmental risks, such as flooding, contamination, and soil shrinkage
Water authority searches: Provides information about the property's water source, including the location of public pipes and sewers
How much does a conveyancer cost?
Depending on your requirements, the cost of conveyancing varies. If you're buying a property, you can expect to pay £1,513 in England and Wales, and £1,674 in Scotland.
If you're purchasing a property in England and Wales, conveyancing costs for leasehold properties are up to 20% more than freehold properties.
Median conveyancing cost by instruction
How long does conveyancing take?
The timeline for conveyancing can vary based on how simple the transaction is. On average, the process will take six to eight weeks from the offer being accepted to completion.
Yet, be prepared for potential delays, especially if you find yourself in a complicated buying or selling chain, which can extend the timeline significantly.
Are conveyancers cheaper than solicitors?
Yes, conveyancers are generally cheaper than solicitors. However, solicitors can handle more complex legal matters that come up during the sale, which justifies their higher costs.
Who pays for conveyancing - the buyer or seller?
Both the buyer and the seller are responsible for paying for their own conveyancer work carried out on a property.
Can I do my own conveyancing?
While it's technically possible to handle your own conveyancing, most mortgage lenders insist on a professional solicitor or conveyancer to oversee the process.
Is conveyancing necessary when remortgaging?
Undertaking conveyancing when you remortgage depends on your personal circumstances. Generally, though, you may not need a solicitor or conveyancer if you’re remortgaging with your current mortgage lender.
That said, it’s always wise to get in touch with a solicitor or conveyancer to prevent any unwanted mishaps down the line, especially in more complicated scenarios.
If you’re switching mortgage lenders, free legal advice might be part of their package and we suggest checking their terms and conditions.
Compare conveyancing options with MoneySuperMarket
Here at MoneySuperMarket, we can help you find the right conveyancing for your personal circumstances and budget. Compare quotes in minutes from leading quality-controlled UK firms.
Author
Collette Shackleton
Content Writer
Collette Shackleton is a highly skilled Content Writer who has over nine years’ experience creating helpful and engaging personal finance content for consumers. Collette shares her experience as a...
