Everything You Need to Know About Conveyancing When Moving House

Whether you’re a first-time buyer or have bought and sold several homes in the past, you will probably be aware that buying or selling property is a time-consuming and painstaking process. Trawling online property portals, conducting viewings, and submitting or receiving offers are only the first steps in the process which kickstarts when a property becomes ‘sold subject to contract’ – an agreement to progress a sale, but one which is not legally binding until the conveyancing work has been completed.

What Is Conveyancing?

‘Conveyancing’ is the legal and administrative work that a property lawyer needs to complete after an offer has been made on a property by a purchaser. Conveyancing is an important part of the process as it protects the buyer from problems such as neighbourhood disputes, contaminated land, or access difficulties. The mortgage lender will also need to be reassured that their investment is free from legal problems to ensure the property’s value is realistic and that seller has the right to sell the property in the first instance. If the conveyancing process unveils any obstacles, these may need to be resolved before the loan is approved.

What Steps Are Involved In The Conveyancing Process?

Conveyancing involves a common set of actions, but additional steps may be required depending on variable factors such as the type of property or its location.

Typically, the conveyancing process comprises the following actions:

• Draft contracts for the sale and purchase of a property are drawn up and checked carefully.
• The property’s tenure is checked to assess whether it is freehold or leasehold.
• The seller submits detailed property information (TA6) forms detailing all information relevant to the sale.
• The Title Plan and Title Deed are checked for accuracy.
• The buyer’s deposit is transferred and held securely by the solicitor.
• Detailed searches are carried out on the property to check for: risks such as flooding or ground contamination; financial liabilities, such as to the local church for repairs; and proposed local developments, such as roads or buildings. In some parts of the country, additional searches may be required, such as a coal mine, tin mine, or brine search.
• The mortgage offer is reviewed.
• Contracts for sale and purchase are signed and exchanged.
• All charges, including estate agency fees and Stamp Duty, are paid on completion when funds are transferred from the buyer to the solicitor.

How Long Does The Conveyancing Process Take?

The time taken to complete conveyancing varies between property purchases. However, as a rule of thumb, it is likely to take 4-6 weeks at a minimum and, in some cases, could take longer.

If you are purchasing a home as part of a ‘chain’, then the conveyancing process can only progress as fast as the slowest link in that chain. For re-mortgages and purchases of probate properties (property being sold after the previous owner has died), the legal work is usually completed more quickly as there aren’t as many parties involved.

How Much Are The Solicitor’s Costs?

Legal fees on the purchase of a property, or a re-mortgage, are typically between £800 and £1,200, including VAT. Prices differ across the country, with higher prices likely in the South. If you are re-mortgaging your existing home, your lender may offer to pay your legal fees on your behalf.

Can I Carry Out My Own Conveyancing?

While, in theory, it is possible for someone to carry out their own conveyancing, we recommend working with a professional lawyer who can complete the process quickly and accurately on your behalf. The sale of property is a complex legal area, and any oversights or mistakes could expose the buyer to risk and even lead to the mortgage company withdrawing their offer. Choosing an experienced conveyancing expert is a sound decision and will save you time, frustration, and money.

Astle Paterson: Conveyancing Specialists In Burton upon Trent

At Astle Paterson, we understand that purchasing or selling a home can be stressful, so we’re committed to making the conveyancing process as transparent, affordable, and trouble-free as possible. To find out more or to request a quote, simply get in touch.

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