Buying Process

What Is Conveyancing and How Does It Work?

Published on 15 September 2024

Conveyancing is the legal process of transferring ownership of a property from the seller to the buyer. In England and Wales, this work is carried out by a solicitor or a licensed conveyancer, and it is a compulsory part of any property transaction. Understanding what happens behind the scenes will help you stay informed and avoid surprises during your purchase.

What Does a Conveyancer Actually Do?

Your conveyancer acts as your legal representative throughout the transaction. Their role begins the moment your offer is accepted and continues until the property is registered in your name at the Land Registry. During this time, they handle a wide range of tasks on your behalf.

First, they review the draft contract and title deeds provided by the seller's solicitor. This involves checking that the seller has the legal right to sell the property, that there are no outstanding disputes or restrictions, and that the boundaries match what you expect. They will also check whether the property is freehold or leasehold, and if leasehold, they will scrutinise the terms of the lease, ground rent obligations, and service charges.

Your conveyancer will raise enquiries with the seller's solicitor about anything unclear in the documentation. These pre-contract enquiries can cover a wide range of topics, from whether the seller has carried out building work that required planning permission to whether there are any ongoing neighbour disputes.

The Property Searches

One of the most important parts of conveyancing is the property searches. These are checks carried out with various authorities to uncover potential issues that could affect the property or your decision to buy it.

The local authority search is the most comprehensive. It reveals information about planning permissions, building control approvals, road schemes, conservation areas, tree preservation orders, and any enforcement notices against the property. This search is conducted with the relevant local council and can take anywhere from a few days to several weeks, depending on the authority.

The environmental search checks for potential contamination risks, flood risk, ground stability issues such as subsidence from former mining activity, and proximity to landfill sites. This is particularly important in areas of England with a history of industrial use or in flood-prone regions.

The water and drainage search confirms that the property is connected to the mains water supply and public sewer, and reveals whether any public drains run through or near the property. This information matters because building over a public drain can be restricted without the water company's consent.

Depending on the property's location, your conveyancer may recommend additional searches, such as a chancel repair liability search, a mining search in areas like Cornwall, Derbyshire, or County Durham, or a commons search if the property is near common land.

Exchange, Completion, and Costs

Once all searches are satisfactory, your mortgage offer is confirmed, and both parties are happy with the contract, you will exchange contracts. Your conveyancer handles this by telephoning the seller's solicitor and formally agreeing to the terms. At this point, you pay your deposit and the transaction becomes legally binding.

On completion day, your conveyancer transfers the purchase funds to the seller's solicitor and confirms completion. They then submit your stamp duty return to HMRC, pay any stamp duty owed, and register your ownership with the Land Registry. This post-completion work can take several weeks but happens in the background after you have received your keys.

Conveyancing costs in England typically range from eight hundred to fifteen hundred pounds for the solicitor's fees, plus an additional two hundred to three hundred pounds for the searches themselves. Some firms offer fixed-fee conveyancing, which can provide certainty on costs. It is worth getting several quotes, but do not choose solely on price. A good conveyancer who communicates proactively and works efficiently can save you time, stress, and potentially money in the long run.

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