When buying or selling your home, remortgaging, taking out a lease, or doing any other kind of property deal, it is essential to get all of the legal details right.
Make a mistake and you could lose a lot of time and money, or be left with on-going problems that should have been foreseen and avoided.
This is why you need a conveyancing solicitor you can rely on. Our conveyancing solicitors in the UK can handle the entire property transaction for you, including all of the necessary checks and searches to ensure there will be no hidden surprises after the deal has gone through.
We can also handle everything related to the contracts of sale, ensuring your interests are protected, as well as processing the financial side of the transaction, ensuring the money changes hands at exactly the right time, allowing the transaction to progress smoothly.
We hold the Conveyancing Quality Mark and have helped thousands of people make the move from one property to another. We pride ourselves on providing a fast, cost-effective, modern conveyancing service to clients all over the world.
We’re proud of our national conveyancing service, and the dedicated conveyancing solicitors and conveyancers who make up our friendly team. Our highly experienced conveyancing solicitors throughout the UK can deal with every kind of conveyancing transaction, from the smallest cottage to the largest penthouse apartment.
Back to topWhat is Conveyancing?
Conveyancing is the legal side of buying and selling real property, such as houses or land. It involves a number of different aspects, including:
- Liaising with many different parties – the representative or solicitor for the other party to the transaction, estate agents, surveyors, mortgage lenders and banks, sometimes leasehold managing agents and freehold landlords.
- Investigating the legal title to property, to ensure that the seller has the right to sell it.
- Examining the Official Register of Title or any title deeds (if the property is unregistered).
- Advising the purchaser on the rights and obligations associated with the property, such as easements (right to pass across land belonging to someone else), drainage and water supply, who maintains the boundaries etc.
- Obtaining and considering searches from the local authority, water companies, and environmental consultants.
- Asking or responding to enquiries (questions) from the other party to the transaction’s solicitors.
- Ensuring that all the legal documentation is properly drawn up.
- Making sure that the right amounts of money are paid to the right parties and any mortgages are redeemed.
- Registering the transaction with HM Land Registry after it has completed.
What does a conveyancing solicitor do?
In simple terms, conveyancing solicitors carry out all the legal aspects of transferring the ownership of a property from a seller to a buyer. Once you’ve instructed a solicitor to carry out your conveyancing, they will provide a conveyancing quote that covers their work.
This work includes, property searches, producing necessary documents and forms, checking on the progress of the sale, exchanging contracts between the buyer and the seller, and facilitation of completion of the sale through a final statement.
Do I need a solicitor to buy a house?
You can technically buy a house without a conveyancing solicitor, however, it is virtually impossible to meet all the legal requirements for the sale of the property without one. This is because it is much too complicated for a layman who has never practiced conveyancing law.
How long is the conveyancing process?
The conveyancing process takes around 12-16 weeks, mostly because of common issues that delay the process. Without these issues the process could take as little as a month, but it is extremely rare for it to be as short as that.
The 12-16 weeks tend to be broken down as follows:
| Step in the process | Average time taken |
|---|---|
| Pre contract work | 2 weeks |
| Mortgage arrangement | 4 weeks |
| Draft contract | 2-10 weeks |
| Time between exchange and completion | 1 week |
| Total time from start to finish | 12-16 weeks |
This time tends to start from the moment you receive a conveyancing quote from your solicitor.
What documents are needed for conveyancing?
All conveyancing solicitors in the UK have certain documents they have to sign for the sale of a property to be legally binding. These documents are:
- Title Deeds – which will likely be found online in the Land Registry records
- Copy of the lease – if your property is leasehold
- Report on title – your solicitor’s report on title which should include a summary of the legal title
- Property information form – the TA6 form completed by the seller that includes important information about the property such as where the gas meters are
- Fittings and contents form – which tells you exactly what will be left in the property when the seller vacates
- Warranty – for new builds or properties under 10 years old
- Stamp duty receipt – a confirmation of your Stamp Duty being paid once the sale has been completed
- Indemnity insurance – if it is required by your solicitors
- Energy performance certificate – which shows how energy efficient your new home is
Please check our Frequently Asked Questions for answers to any further questions you might have about the conveyancing process:
Back to topPurchase FAQs
All transactions are individual and will depend on a number of factors as well as the wishes of each party in the chain of transactions.
A rough estimate would be that completion would occur 6 to 10 weeks after the transaction is initially agreed.
We will try to complete your transaction as quickly as possible and if you have any particular requirements you should make us aware of these as early as you can.
All our conveyancing transactions are handled by teams of 3 or 4 individuals. Each team is headed by an experienced conveyancer and supervised by qualified solicitors and Legal Executives.
By working in teams your conveyancer is supported by experienced assistants. This means that even when one member of the team is not in the office there are still other members of the team who will be able to handle the transaction.
It could be any member of the team who will be your main point of contact but if you would like to speak to the conveyancer about a particular issue please ask at any time.
We will update you at all the main stages of the transaction. We use email for the majority of our contact with you but will also use telephone and letters where appropriate. If you prefer a particular form of communication please let us know and we will endeavour to use this.
If you would like an update at any stage the please use the direct email or phone number which you have been provided for the conveyancers handling your transaction.
We are under a duty to verify your identity under the Money Laundering Regulations. We may also be asked to verify your identity by other parties to a transaction.
In all cases the Land Registry require us to have verified your identity as a party to a transaction being registered with them.
Where you are having a mortgage your lender requires us to have checked your identity as part of our instructions from them.
In all cases we will carry out the following searches:
- Local Authority Search – this search will check the registers held by the Local Authority and will reveal, among other things, matters such as the planning history of the property, whether the road the property is on is a publicly adopted highway and whether any adverse charges are registered in the Local Authority registers.
- Drainage and Water Search – this will confirm whether the property is connected to mains water and drainage.
- Environmental Search – this will check the historic use of the land on which the property is built. It will reveal if the information in any public registers suggests that the property could potentially be considered contaminated land under environmental legislation and therefore subject to potentially expensive clean up costs.
In addition to these we will check if any specific searches are recommended for the location of the property such as a flood search or coal mining search. We will advise you of the additional cost for any of these services before these are carried out.
It is recommended that a survey of some type is carried out in all cases.
When you are purchasing with a mortgage your lender will carry out a valuation of the property. In many cases this is the only inspection by a surveyor. We would always recommend that a more detailed survey is carried out as this valuation will make very few comments on the condition of the property. It is for the benefit of the lender and you cannot rely upon it if there later proves to be an issue with the property.
You may be able to contact your lender and arrange for their surveyor to carry out a more detailed report for your benefit at an additional cost.
There are various other options available for surveys depending on the surveyor you approach. The most common options are:
- A Home Buyers Report – this is not a full structural survey but provides an option which goes into detail between this and a basic valuation.
- Full Structural Survey – this is recommended for all older properties or properties which have been significantly altered. This is the most comprehensive survey you can obtain.
If you are interested in this then please speak to us and we can advise if this will be possible. We would not advise this unless we are sure there is not a significant risk of a conflict of interest arising between the interests of each party.
In almost all cases where there is a mortgage we will also be acting for your mortgage lender and reporting on the title to the property to them.
We are on the panel for all the major lenders and the vast majority of other lenders. If you need to confirm whether we are on the panel for a particular lender please ask.
This is a consent form for the mortgage. By signing this an occupier will confirm that they are aware of the mortgage and they will agree that in the event that the lender ever has to seek possession of the property they agree to vacate.
We would always advise that an occupier seeks independent legal advice on the contents of this form as we would be unable to advise them. Some lenders will require that independent legal advice is obtained.
Until contracts have exchanged either party is able to withdraw from the transaction and no compensation would be payable. This ensures that the purchaser is able to have the legal due diligence carried out and obtain a survey and mortgage. If any adverse matters are revealed then it gives them an opportunity to renegotiate or withdraw from the transaction.
Unfortunately this does also mean that either party can withdraw without giving a reason.
Once contracts have exchanged the position is different and there will be financial liabilities to withdrawing from a transaction.
It is now compulsory for all purchases of property to be registered at the Land Registry but this was not always the case.
Some properties which have not changed hands for some time will still not be registered at the Land Registry and we will need to see, and report upon, the old paper copies of the deeds. Following completion of the transaction the property will need to be registered.
We have experience dealing with the properties which are either registered or unregistered.
In most cases houses are purchased on a freehold basis and flats are purchased on a leasehold basis.
The freehold title relates to the ownership of the land itself. All properties have a freehold title.
If you purchase a leasehold property then you will be the tenant of the property. This could be by purchasing an existing tenancy/lease or when a new tenancy/lease is created.
Residential leasehold properties are usually the subject of a long lease which was initially granted for 99 years or more. By purchasing the property you will become a tenant of the property and will be entitled to exclusive use of the property.
Leases are usually used for flats to ensure that the Landlord retains control of the building and common parts. This means that one person/organisation is responsible for maintaining the main structure and common parts and can charge for this through a service charge.
Exchange of Contracts is the point at which a transaction becomes legally binding. This will not occur until all parties are ready to proceed. A deposit is usually paid at this stage.
Completion is the point at which the balance of the purchase price is paid (and any mortgage funds are drawn down). This is the point at which ownership of the property actually changes.
A deposit of 10% of the purchase price is usually paid upon exchange of contracts. This can be higher or lower if this is agreed between the parties.
Prior to the day of completion we will have provided you with a completion statement when we need funds from you and instructions for how these can be transferred to us. We will also have requested any mortgage funds.
Under the terms of the contract completion should usually occur by no later than 2pm. However, in practice, completion will occur once the funds have been transferred to the seller’s conveyancer. Where there is a chain of transactions this will depend on how long it takes for the money to arrive with us on your sale transaction.
Completions can occur on any banking day that is agreed between the parties.
Friday is the traditional day for completion as it allows the weekend for unpacking and organising the house which has been purchased.
It is not usual for access to be granted prior to completion.
If a seller will agree this then it is likely that they will require exchange of contracts to occur and they will require a “key undertaking” by which you will agree to return the keys if requested to do so.
It is possible that you will require planning permission and building regulations approval for any work. There may be additional considerations if the property is a listed building or in a conservation area.
We do not provide detailed planning advice and if there is any doubt in this respect you should seek the advice of the Local Authority and/or a planning consultant.
In addition to these consents there may be covenants on the title to the property which require consent form a named individual. We will provide details of these covenants when reporting to you.
Stamp Duty Land Tax is payable on almost all transactions where the purchase price exceeds £250,000. There are also additional rates applicable for:
- purchases of second homes
- purchases by people/companies resident outside the UK
There are also a number of exemptions as well as different rules applicable to companies.
We will provide details of the stamp duty payable when providing details of the fees. Details of the current rates payable can be found on the HMRC website together with an online calculator.
This will depend on the exact terms of the contract but regardless of this we would always advise that you insure the property from exchange of contracts. This is because from exchange you will be committed to purchase the property even if any damage occurs to it.
If a property is leasehold you will not usually be required to insure the building as it will be insured by the Landlord. You will need to insure the contents once you are in occupation.
We do not advise that removals are confirmed until contracts have exchanged. At any point up to this date it is possible for the date to change or for a party to withdraw from the transaction.
If you wish to record such contributions then this can be recorded in a Declaration of Trust. We ask for these details in our initial instruction forms.
There will be an additional cost for a Declaration of Trust and we will advise you of this cost once we become aware that this is required.
A covenant is a binding promise in relation to a property which is usually registered on the Land Registry title. As owner you will need to comply with these.
Covenants can be either positive (an obligation to do something – such as pay a charge) or restrictive (an obligation not to do something – such as an obligation not to alter the property without consent).
It is very likely that the purchase of a buy to let will have tax consequences for you including, but not limited to, Income Tax and Capital Gains Tax (which is payable where a property is not your principal residence). You are also likely to be liable for the additional 3% rate of SDLT when buying an additional dwelling.
We are not in a position to offer tax advice. You should speak to a suitably qualified financial advisor about your tax liabilities before committing to purchase a buy to let property.
We will submit the application to register the property to the Land Registry as soon as possible following completion. However this process can take some time.
We will advise you once the property is registered but there are currently significant backlogs and in some cases this can take over 12 months.
We advise that everyone makes a will but if you have not done so it is particularly important that you do so once you have purchased a major asset.
If you would like to make a will please let us know and we can put you in touch with the relevant person.
Sale FAQs
All transactions are individual and will depend on a number of factors as well as the wishes of each party in the chain of transactions.
A rough estimate would be that completion would occur 6 to 10 weeks after the transaction is initially agreed.
We will try to complete your transaction as quickly as possible and if you have any particular requirements you should make us aware of these as early as you can.
We will update you at all the main stages of the transaction. We use email for the majority of our contact with you but will also use telephone and letters where appropriate. If you prefer a particular form of communication please let us know and we will endeavour to use this.
If you would like an update at any stage the please use the direct email or phone number which you have been provided for the conveyancers handling your transaction.
We are under a duty to verify your identity under the Money Laundering Regulations. We may also be asked to verify your identity by other parties to a transaction.
In all cases the Land Registry require us to have verified your identity as a party to a transaction being registered with them.
Where you are having a mortgage your lender requires us to have checked your identity as part of our instructions from them.
Completions can occur on any banking day that is agreed between the parties.
Friday is the traditional day for completion as it allows the weekend for unpacking and organising the house which has been purchased.
Upon receipt of the sale proceeds, we will deduct all the necessary costs associated with your sale such as mortgage redemption, estate agents fees and our own costs.
We will then transfer the proceeds directly to you via a bank transfer provided the purchase funds are received in good time.
Until contracts have exchanged either party is able to withdraw from the transaction and no compensation would be payable. This ensures that the purchaser is able to have the legal due diligence carried out and obtain a survey and mortgage. If any adverse matters are revealed then it gives them an opportunity to renegotiate or withdraw from the transaction.
Unfortunately this does also mean that either party can withdraw without giving a reason.
Once contracts have exchanged the position is different and there will be financial liabilities to withdrawing from a transaction.
Exchange of Contracts is the point at which a transaction becomes legally binding. This will not occur until all parties are ready to proceed. A deposit is usually paid at this stage.
Completion is the point at which the balance of the purchase price is paid (and any mortgage funds are drawn down). This is the point at which ownership of the property actually changes.
It is now compulsory for all purchases of property to be registered at the Land Registry but this was not always the case.
Some properties which have not changed hands for some time will still not be registered at the Land Registry and we will need to see, and report upon, the old paper copies of the deeds. Following completion of the transaction the property will need to be registered.
We have experience dealing with the properties which are either registered or unregistered.
In most cases houses are purchased on a freehold basis and flats are purchased on a leasehold basis.
The freehold title relates to the ownership of the land itself. All properties have a freehold title.
If you purchase a leasehold property then you will be the tenant of the property. This could be by purchasing an existing tenancy/lease or when a new tenancy/lease is created.
Residential leasehold properties are usually the subject of a long lease which was initially granted for 99 years or more. By purchasing the property you will become a tenant of the property and will be entitled to exclusive use of the property.
Leases are usually used for flats to ensure that the Landlord retains control of the building and common parts. This means that one person/organisation is responsible for maintaining the main structure and common parts and can charge for this through a service charge.
We recommend that you continue to pay your mortgage up until completion has taken place. This will avoid any issues in redeeming your mortgage as a result of non-payment.
Yes, prior to exchange of contract, we will obtain an initial redemption figure to ensure that the property is not subject to negative equity. You will be provided a copy of the redemption figure for your comments.
Once contracts are exchange and a completion date is set, we will apply for a final redemption figure and will pay the mortgage from the sale proceeds on the day of completion.
Prior to the day of completion we will have provided you with a completion statement when we need funds from you and instructions for how these can be transferred to us. We will also have requested any mortgage funds.
Under the terms of the contract completion should usually occur by no later than 2pm. However, in practice, completion will occur once the funds have been transferred to the seller’s conveyancer.
Where there is a chain of transactions this will depend on how long it takes for the money to arrive with us on your sale transaction.
Our conveyancing service
We offer conveyancing for a wide range of property transaction, including:
- Buying and selling freehold and leasehold property
- Remortgaging
- Equity release
- Gifts and transfer of equity
- Lease extensions
- Buying land and development sites
- Buy to let property
- Commercial property
Online conveyancing
One of the key advantages of our conveyancing service is that you don’t ever need to meet with us face-to-face (unless you want to!). Many of our clients deal with us exclusively online and over the phone, including by email and video messaging. Even essential documents can be sent online, using our streamlined and secure online conveyancing systems.
We regularly offer online conveyancing to clients all over the world and can guarantee exactly the same level of service as if we were dealing with you face-to-face. When you use our online conveyancing service, your property transaction will still be handled in house by our highly experienced conveyancing solicitors, ensuring the you benefit from the very highest standards of legal expertise in a convenient, cost-effective package.
To find out more about how our online conveyancing service works, please get in touch.
Why you should use Bird & Co for your conveyancing
There are several reasons you should choose us for your conveyancing:
- We’re Conveyancing Quality Scheme and Lexcel accredited by the Law Society.
- We’re proper conveyancing solicitors, meaning we have the expertise to deal with even the most complicated property transactions and are fully regulated and insured.
- We provide conveyancing for properties right across England and Wales for clients based anywhere in the World (and there’s no need for you ever to come to our office).
- We are highly experienced in conveyancing for a wide range of property types and different kinds of property transaction, meaning we have the expertise to offer a fast, smooth and efficient conveyancing service, no matter what you require.
- Our identity checking process is streamlined and easy – no need to send us original documents in the post.
- You will get a direct phone line for your conveyancing solicitors, so you can always get in touch for an update or the answer to a question.
- You get a direct email address to your conveyancing team.
- You can track your case for free online.
We work with buyers and sellers in a variety of locations, click to see some of the locations where we have helped people to buy and sell property previously.
Request a conveyancing quote
To find out how much your conveyancing is likely to cost, why not try out our free conveyancing fee calculator on the right hand side of the page? This will give you an estimate of what your conveyancing is likely to be, or you can call our free conveyancing quote hotline on 01636 600656.
Our conveyancing fees
We aim to keep our conveyancing fees transparent and competitive, while offering the very best service for our clients. We offer fixed fee conveyancing, meaning that the price we quote you upfront is the price you will pay unless there are unforeseen circumstances, in which case we will inform you of any additional cost at the earliest opportunity. This would include any work which is outside of the scope of the usual conveyancing transaction such as negotiating a lease extension on a leasehold property prior to sale.
Our conveyancing quotes include a complete breakdown of the cost of your conveyancing, including our fees and the various fees paid to third parties, such as HM Land Registry. These third-party costs are known as disbursements and are fixed, meaning they should be the same between difference firms of conveyancers and conveyancing solicitors. These are the disbursements which we anticipate but are not an exhaustive list.
Our fee assumes that:
- this is a standard transaction and that no unforeseen matters arise including for example (but not limited to) a defect in title which requires remedying prior to completion or the preparation of additional documents ancillary to the main transaction
- (leasehold properties) this is the assignment of an existing lease and is not the grant of a new lease
- the transaction is concluded in a timely manner and no unforeseen complication arise
- all parties to the transaction are co-operative and there is no unreasonable delay from third parties providing documentation
- no indemnity policies are required. Additional disbursements may apply if indemnity policies are required.
If you’re saving to buy your first home, why not try our mortgage deposit calculator to find out if you have enough money for a deposit, or if you need to save more.
Leasehold fees
In a typical leasehold purchase there will be the following additional fees:
- Notice of Transfer fee – This fee if chargeable is set out in the lease. Often the fee is between £75 and £250.
- Notice of Charge fee (if the property is to be mortgaged) – This fee is set out in the lease. Often the fee is between £75 and £250.
- Transfer of any share in the Management Company or application to become a member (where relevant). This fee is again chargeable under the lease. Often the fee is between £75 and £250.
- Deed of Covenant fee – This fee is provided by the management company for the property and can be difficult to estimate. Often it is between £200 and £500.
- Certificate of Compliance fee – To be confirmed upon receipt of the lease, as can range between £100 – £300.
In some cases there can be two sets of these fees payable where there is a Landlord and Management Company that require notices. These fees are set by the Landlord or Managing Agent for the whole development.
These fees vary from property to property and can on occasion be significantly more than the ranges given above. We can give you an accurate figure once we have sight of your specific documents.
You should also be aware that ground rent and service charge are likely to apply throughout your ownership of the property. We will confirm the ground rent and the anticipated service charge as soon as this we receive this information.
Where you are selling a leasehold property it will be necessary to obtain information from the Landlord or Management Company. The cost they charge can typically be up to £500.
Some of these fees may also be payable for freehold properties that are on developments which include management companies.
Searches
We use Index Property Searches for our conveyancing searches. Experienced local service from reliable experts.
Stamp Duty Land Tax
This depends on the purchase price of your property. You can calculate the amount you will need to pay by using HMRC’s website or if the property is located in Wales by using the Welsh Revenue Authority’s website.
How long will my house purchase take?
How long it will take from your offer being accepted until you can move in to your house will depend on a number of factors. The average process takes between 6-10 weeks.
It can be quicker or slower, depending on the parties in the chain. For example, if you are a first time buyer, purchasing a new build property with a mortgage in principle, it could take 4-6 weeks. However, if you are buying a leasehold property that requires an extension of the lease, this can take significantly longer, between 3 and 6 months. In such, a situation additional charges would apply.
Stages of the process
The precise stages involved in the purchase of a residential property vary according to the circumstances. In a typical purchase the stages will include the following (this will be slightly different for a sale or other transactions):
- Take your instructions and give you initial advice
- Check finances are in place to fund purchase and contact lender’s solicitors if needed
- Receive and advise on contract documents
- Carry out searches
- Obtain further planning documentation if required
- Make any necessary enquiries of seller’s solicitor
- Give you advice on all documents and information received
- Go through conditions of mortgage offer with you
- Send final contract to you for signature
- Agree completion date (date from which you own the property)
- Exchange contracts and notify you that this has happened
- Arrange for all monies needed to be received from lender and you
- Complete purchase
- Deal with payment of Stamp Duty/Land Tax
- Deal with application for registration at Land Registry
For full details of our team of national conveyancing solicitors please look at the “Our People” section of the website.
Back to top