Buying a home

Buying a House: What Your Solicitor Actually Does

27 min read

Reviewed by Mr D Bagga, Director & Property Lawyer, ASR Advantage Law Solicitors · SRA 7993313 · CLC 2551

A conveyancing solicitor reviewing title documents and search results for a house purchase

Buying a house or flat is one of the biggest financial decisions most people will make. While the estate agent helps you find the property and negotiate the purchase price, your conveyancing solicitor deals with the legal process that turns your accepted offer into legal ownership.

But what actually happens after your offer is accepted?

What does a property solicitor do when buying a house?

What searches are carried out?

Who checks the property title?

What happens with your mortgage?

When do you exchange contracts?

And when do you actually become the legal owner?

This guide explains every major step taken by a conveyancing solicitor when you buy a property in England and Wales, from instructing your solicitor through to exchange of contracts, completion and registration of your property ownership.

The Law Society’s current guidance confirms that a buyer’s solicitor advises throughout the process, communicates with the seller’s solicitor, carries out the legal work and helps resolve legal issues with the property. (Law Society)

Important: This article is general information about residential conveyancing in England and Wales and is not legal advice. Every property transaction is different, particularly where the property is leasehold, unregistered, newly built, subject to a mortgage, affected by a defective title or has planning or building regulations issues.

Step 1: You Choose and Instruct a Conveyancing Solicitor

The first step in the house buying conveyancing process is to instruct a solicitor or licensed conveyancer.

You can start looking for a conveyancing solicitor before making an offer, which can save time once your offer is accepted.

The Law Society recommends speaking to your solicitor as early as possible during the home-buying process. It also highlights its Conveyancing Quality Scheme (CQS) as a quality standard for participating firms. (Law Society)

Your conveyancing solicitor will normally ask you to provide:

  • your full name and address;

  • identification;

  • proof of address;

  • information about the property you are buying;

  • details of your estate agent;

  • details of your mortgage lender;

  • your mortgage broker’s details where relevant;

  • the agreed purchase price;

  • information about the seller;

  • and information about how you intend to own the property.

Your solicitor will then open your property purchase file and begin the legal process.

Step 2: Your Solicitor Carries Out Identity and Anti-Money Laundering Checks

Before your solicitor can proceed, they will need to verify your identity.

This is part of the solicitor’s legal and regulatory obligations.

You may be asked to provide:

  • passport or driving licence;

  • proof of address;

  • information about the source of your deposit;

  • mortgage information;

  • and, depending on your circumstances, additional financial documentation.

If someone else is providing money towards your purchase, your solicitor may need information about that person and the source of those funds.

This stage is extremely important because property transactions are a target for fraud and money laundering.

Why your solicitor asks so many questions

You may wonder why your conveyancing solicitor needs to know where your deposit came from.

The reason is that property purchases involve substantial sums of money and solicitors must comply with applicable anti-money laundering and financial crime requirements.

Step 3: Your Solicitor Receives the Contract Pack From the Seller’s Solicitor

Once your offer has been accepted, the seller’s solicitor will begin preparing the legal paperwork.

Your conveyancing solicitor will receive a property contract pack from the seller’s conveyancer.

This may include:

  • draft contract;

  • official title information;

  • title plan;

  • property information;

  • details of rights and restrictions;

  • planning information;

  • building regulations information;

  • guarantees and warranties;

  • fixtures and fittings information;

  • leasehold information where applicable;

  • and other documents relating to the property.

The Law Society’s current TA6 guidance confirms that the TA6 Property Information Form provides buyers with key information held by the seller about the property. (Law Society)

Step 4: Your Solicitor Checks the Property Title

One of the most important parts of property conveyancing is checking the legal title.

Your solicitor needs to establish that the seller actually owns the property and has the legal right to sell it to you.

For a registered property, your solicitor will investigate the HM Land Registry title register and title plan.

They will look for matters including:

  • registered owners;

  • title number;

  • mortgages and charges;

  • restrictions;

  • notices;

  • restrictive covenants;

  • easements;

  • rights of way;

  • rights to services;

  • leases;

  • and other matters affecting the property.

The Law Society confirms that a buyer’s solicitor checks with HM Land Registry to establish that the seller is the legal owner of the property. (Law Society)

Why the title check matters

Imagine you are buying a house with a driveway.

You assume the driveway belongs to the property.

But the title documents might reveal that:

  • the driveway belongs to a neighbour;

  • you only have a right of way over it;

  • the right of way has restrictions;

  • or the legal documentation is incomplete.

That could have a major impact on your purchase.

This is why the property title search is one of the most important stages of the conveyancing process.

Step 5: Your Solicitor Reviews the Property Boundaries

Your solicitor will also examine the title plan and consider the legal description of the property.

This can be particularly important where there are:

  • gardens;

  • driveways;

  • garages;

  • parking spaces;

  • sheds;

  • outbuildings;

  • access roads;

  • shared areas;

  • or unusual boundaries.

It is important to understand that a Land Registry title plan normally shows general boundaries, rather than necessarily establishing the exact physical position of every boundary. HM Land Registry specifically warns that the title plan does not normally show exact legal boundaries. (GOV.UK)

Your solicitor is not normally carrying out a physical boundary survey.

If you have concerns about the physical boundaries, you may need specialist advice or a survey.

Step 6: Your Solicitor Checks for Restrictive Covenants

A restrictive covenant is a legal restriction affecting land.

Your conveyancing solicitor will check the title for restrictive covenants that could affect how you use the property.

For example, a covenant could restrict:

  • extensions;

  • additional buildings;

  • commercial use;

  • alterations;

  • business activities;

  • keeping certain animals;

  • or other activities.

This is particularly important if you are buying a property because you have plans to:

  • build an extension;

  • convert a garage;

  • build an annexe;

  • operate a business from home;

  • or make significant alterations.

Your solicitor can explain what the covenant says and whether it creates a legal concern.

Step 7: Your Solicitor Checks Rights of Way and Easements

Your solicitor will investigate easements and rights of way affecting the property.

An easement is a legal right benefiting one piece of land over another.

Examples include:

  • rights of way;

  • rights of drainage;

  • rights to use private roads;

  • rights to access services;

  • rights of support;

  • rights of access for maintenance;

  • and rights relating to pipes and cables.

This can be especially important for:

  • flats;

  • properties accessed through private roads;

  • rural homes;

  • properties behind other houses;

  • properties with shared driveways;

  • and properties using shared drainage or services.

Step 8: Your Solicitor Orders Property Searches

One of the most recognisable parts of buying a house conveyancing is the property search process.

Your conveyancing solicitor will usually order appropriate searches against the property.

Common searches include:

This can reveal information held by the local authority, including matters such as planning and local land charges.

This can identify potential environmental risks, such as contaminated land, flooding and radon-related risks.

This provides information about water supply and sewer connections.

The Law Society identifies HM Land Registry, local authority, environmental, and water and drainage searches as typical searches for a mortgaged residential purchase. (Law Society)

Additional searches may be appropriate depending on the property’s location.

These could include searches relating to:

  • mining;

  • flood risk;

  • commons;

  • chancel repair;

  • highways;

  • or other location-specific issues.

The local authority search is an important part of the conveyancing process.

Your solicitor will review the results for matters that could affect the property.

Depending on the local authority and search, this can include information concerning:

  • planning permissions;

  • planning enforcement;

  • tree preservation orders;

  • conservation areas;

  • listed building status;

  • highways;

  • local land charges;

  • and other recorded matters.

A local authority search provides information from the authority’s records; it is not a physical inspection of the property. (Law Society)

An environmental property search can identify potential environmental risks affecting the property.

These may include:

  • contaminated land;

  • historical industrial use;

  • flooding;

  • landfill;

  • ground stability;

  • radon;

  • and other environmental matters.

The Law Society notes that an environmental search can establish whether a property is built on or near contaminated land or water, is in a radon-affected area or is at risk of flooding. (Law Society)

If a search identifies a potential problem, your solicitor may advise you to obtain further specialist information.

The water and drainage search looks at matters such as:

  • water supply;

  • sewer connections;

  • drainage;

  • public sewers;

  • and related infrastructure.

This can be particularly important because problems with drainage or private services can create unexpected costs.

The Law Society identifies the CON29DW as the official drainage and water search form. (Law Society)

Step 12: Your Solicitor Checks the Seller’s Property Information

Your solicitor will review information supplied by the seller.

The TA6 Property Information Form is an important part of this process.

The current TA6 sixth edition is now the relevant version for new transactions where a CQS firm is instructed from 30 March 2026. (Law Society)

The TA6 covers areas including:

  • property and seller details;

  • boundaries;

  • disputes;

  • notices;

  • alterations;

  • guarantees and warranties;

  • insurance;

  • environmental matters;

  • rights and informal arrangements;

  • parking;

  • services;

  • connections to services;

  • transaction information;

  • and completion. (Law Society)

Your solicitor will consider the answers and may raise additional questions with the seller’s solicitor.

Step 13: Your Solicitor Investigates Planning Permission

If the property has been extended or altered, your solicitor may need to investigate the relevant planning permission.

This can include checking documentation for:

  • extensions;

  • loft conversions;

  • conservatories;

  • garage conversions;

  • new outbuildings;

  • annexes;

  • changes of use;

  • new dwellings;

  • and other development.

Your solicitor may ask the seller to provide:

  • planning permissions;

  • planning decision notices;

  • lawful development certificates;

  • planning condition information;

  • and other relevant documents.

What if the property was built without planning permission?

This does not automatically mean that you cannot buy it.

Your solicitor will need to establish what the planning position is.

Depending on the circumstances, the issue might involve:

  • permitted development rights;

  • a lawful development certificate;

  • planning enforcement;

  • retrospective planning permission;

  • or legal indemnity insurance.

This is why it is important to tell your solicitor about any concerns you have before exchange of contracts.

Step 14: Your Solicitor Checks Building Regulations

Planning permission and building regulations are separate matters.

A property could have planning permission but lack appropriate building regulations documentation.

Your solicitor may therefore ask for:

  • building regulations approval;

  • completion certificates;

  • regularisation certificates;

  • FENSA certificates;

  • electrical certificates;

  • competent person certificates;

  • and other relevant documents.

The seller’s TA6 documentation can include information and documents concerning planning permissions, building control consents, competent person certificates, guarantees and warranties. (Law Society)

If documentation is missing, your solicitor may advise you about the available options.

Step 15: Your Solicitor Reviews the Property Contract

Your conveyancing solicitor will review the contract for sale prepared by the seller’s solicitor.

They will consider matters such as:

  • property description;

  • purchase price;

  • title;

  • special conditions;

  • completion arrangements;

  • deposit;

  • included fixtures and fittings;

  • and other contractual provisions.

Your solicitor will explain important terms to you and raise any concerns.

Step 16: Your Solicitor Raises Conveyancing Enquiries

This is another major part of the property purchase conveyancing process.

Your solicitor will raise legal enquiries with the seller’s solicitor.

Questions can concern:

  • title;

  • boundaries;

  • planning;

  • building regulations;

  • alterations;

  • rights of way;

  • restrictive covenants;

  • disputes;

  • services;

  • guarantees;

  • insurance;

  • parking;

  • leasehold matters;

  • and other issues revealed by the title, searches or seller’s information.

The objective is to make sure you understand the legal position before committing to the purchase.

Step 17: Your Solicitor Reports Search and Title Issues to You

Once the legal investigations are sufficiently advanced, your solicitor will advise you about matters affecting the property.

This may include explaining:

  • search results;

  • title restrictions;

  • covenants;

  • rights of way;

  • planning issues;

  • building regulations issues;

  • environmental risks;

  • leasehold obligations;

  • and other legal matters.

This is one of the most valuable parts of using a conveyancing solicitor when buying a house.

The solicitor is not simply processing paperwork.

They are helping you understand the legal risks associated with the property before you become legally committed.

Step 18: You Arrange Your Property Survey

A conveyancing solicitor does not normally carry out a physical survey of the property.

The Law Society recommends that buyers ask a specialist surveyor to inspect the property and identify issues such as damp or structural problems. (Law Society)

Depending on the property, you might consider:

  • RICS Level 2 Home Survey;

  • RICS Level 3 Building Survey;

  • specialist structural survey;

  • damp survey;

  • roof survey;

  • drainage survey;

  • or another specialist inspection.

This distinction is important:

Solicitor

Checks the legal condition and title.

Surveyor

Checks the physical condition of the building.

You may need both.

Step 19: Your Mortgage Lender Issues the Mortgage Offer

If you are buying with a mortgage, your lender will normally arrange a valuation and issue a formal mortgage offer if its lending requirements are satisfied.

Your solicitor will receive or review the lender’s instructions and mortgage documentation.

The solicitor may need to ensure that:

  • the property provides acceptable security;

  • the title meets the lender’s requirements;

  • the mortgage is correctly documented;

  • and any lender-specific requirements are satisfied.

The Law Society advises buyers to read the mortgage offer and conditions carefully and states that the solicitor can explain anything the buyer does not understand. (Law Society)

Step 20: Your Solicitor Checks the Mortgage Conditions

Your solicitor is often acting for both you and your mortgage lender, provided there is no conflict of interest and the lender accepts the firm.

The solicitor must comply with the lender’s requirements.

This can include dealing with:

  • mortgage conditions;

  • title requirements;

  • searches;

  • buildings insurance;

  • gifted deposits;

  • property restrictions;

  • lease requirements;

  • and other lender-specific matters.

If the property does not meet the lender’s requirements, the transaction may need further investigation.

Step 21: Your Solicitor Checks the Property Is Suitable for the Mortgage Lender

Your mortgage lender wants to know that the property is adequate security for the loan.

This is why title defects can become particularly important.

For example, the lender may have concerns about:

  • defective title;

  • missing rights of way;

  • short leases;

  • restrictive covenants;

  • lack of access;

  • missing planning permission;

  • building regulations issues;

  • unusual property construction;

  • or other legal risks.

Your solicitor will advise you if such an issue arises.

If you are buying a leasehold flat or leasehold house, the conveyancing process can be more complicated.

Your solicitor will investigate the lease.

This can include checking:

  • length of lease;

  • ground rent;

  • service charge;

  • service charge arrears;

  • major works;

  • building insurance;

  • restrictions on assignment;

  • subletting restrictions;

  • alterations;

  • rights to use communal areas;

  • parking rights;

  • storage rights;

  • management arrangements;

  • and other lease terms.

Why lease length matters

A short lease can significantly affect:

  • property value;

  • mortgage availability;

  • future saleability;

  • and the cost of extending the lease.

Your conveyancing solicitor should therefore identify lease issues before you exchange contracts.

Step 23: Your Solicitor Checks the Leasehold Management Information

For a leasehold purchase, your solicitor may review information supplied by the landlord or managing agent.

This can include:

  • service charge accounts;

  • buildings insurance;

  • planned major works;

  • notices;

  • disputes;

  • management arrangements;

  • ground rent;

  • and other information.

This can take longer than a straightforward freehold purchase because information may need to come from third parties.

Sometimes the conveyancing process reveals a problem.

Examples include:

  • defective title;

  • missing deeds;

  • boundary issues;

  • restrictive covenant;

  • missing right of way;

  • planning permission problems;

  • building regulations issues;

  • short lease;

  • missing documentation;

  • rights to services;

  • or discrepancies between the title and property.

Your solicitor will investigate the issue and explain the options.

Possible solutions can include:

  • further investigation;

  • obtaining additional documentation;

  • a deed of variation;

  • retrospective consent;

  • a declaration;

  • legal indemnity insurance;

  • negotiation with the seller;

  • renegotiation of the purchase;

  • or, in serious cases, deciding not to proceed.

Step 25: Your Solicitor Advises You When You Are Ready to Exchange

You should not exchange contracts simply because the mortgage has been approved.

Before exchange of contracts, your solicitor will generally want the legal work to be sufficiently complete.

This can include:

  • satisfactory title;

  • satisfactory searches;

  • satisfactory replies to enquiries;

  • mortgage arrangements;

  • signed contract;

  • deposit arrangements;

  • agreed completion date;

  • and resolution of material legal issues.

Your solicitor should explain any remaining risks before you commit.

Step 26: You Sign the Contract

Once you are ready to proceed, you will sign the purchase contract.

Your solicitor will explain where and how the contract needs to be signed.

You will also need to ensure that any other required documents are correctly executed.

Step 27: Exchange of Contracts

Exchange of contracts is the point at which the purchase becomes legally binding.

Before exchange, you can generally withdraw from the transaction, subject to any separate agreement such as a reservation agreement.

After exchange, you are legally committed to buying the property under the contract.

The Law Society explains that after contracts are exchanged, the agreement is legally binding and withdrawing can result in financial consequences, including potentially losing your deposit and having to pay other legal costs. (Law Society)

The simple version

Offer accepted → not legally binding

Contracts signed → still not necessarily exchanged

Contracts exchanged → legally binding

This is one of the most important concepts in UK property conveyancing.

Step 28: You Pay Your Deposit

At exchange, your solicitor will normally arrange for the contractual deposit to be paid to the seller’s solicitor.

The amount depends upon the contract.

The deposit is not necessarily the same thing as your entire mortgage deposit.

For example, if you are purchasing a £300,000 property with a 10% deposit, your overall deposit is £30,000.

The contractual exchange deposit can have different arrangements depending upon the transaction and contract.

Your solicitor will explain the position.

Step 29: Your Solicitor Agrees the Completion Date

The parties agree the completion date as part of the contractual arrangements.

This is the day the balance of the purchase price is paid and ownership transfers to you.

You can then make arrangements for:

  • removals;

  • utilities;

  • insurance;

  • changing your address;

  • broadband;

  • schools;

  • parking;

  • and moving into the property.

Step 30: Your Solicitor Prepares for Completion

Before completion, your solicitor will prepare the final legal and financial arrangements.

This can include:

  • requesting mortgage funds;

  • calculating the balance you need to provide;

  • preparing the completion statement;

  • checking the transfer deed;

  • dealing with lender requirements;

  • carrying out final searches where appropriate;

  • and preparing for the transfer of the purchase money.

Step 31: Your Solicitor Requests Your Completion Funds

Your solicitor will tell you how much money needs to be provided before completion.

This can include:

Purchase price

plus:

  • legal fees;

  • Land Registry fees;

  • Stamp Duty Land Tax where applicable;

  • search fees;

  • other disbursements;

minus:

  • mortgage funds;

  • deposit already paid;

  • and other relevant amounts.

The exact amount will be shown on your completion statement.

Be extremely careful with bank details

Property transactions are a major target for payment diversion fraud.

The Law Society specifically warns buyers about criminals attempting to trick them into transferring their deposit or purchase money to fraudulent bank accounts. (Law Society)

Always follow your solicitor’s established procedures for confirming payment details.

Step 32: Your Solicitor Arranges the Mortgage Funds

If you have a mortgage, your lender will provide the mortgage advance to your solicitor in accordance with the lender’s requirements.

Your solicitor then combines the mortgage advance with:

  • your deposit;

  • your own funds;

  • and any other relevant money

to produce the total purchase price and completion funds.

Step 33: Your Solicitor Checks the Transfer Deed

The legal document transferring the property to you will need to be properly completed.

For a whole transfer of a registered title, Form TR1 is generally used.

HM Land Registry confirms that TR1 is used to transfer the whole of a property in one or more registered titles. (GOV.UK)

For a transfer of part of a registered title, different documentation, such as a TP1, may be required.

Step 34: Completion Day

This is the day you officially buy the property.

Your solicitor transfers the purchase money to the seller’s solicitor.

Once the seller’s solicitor confirms receipt of the funds and completion takes place, you become the owner of the property.

The Law Society explains that completion occurs when the purchase amount is transferred and the buyer becomes the owner, after which the buyer can normally collect the keys. (Law Society)

What happens on completion day?

Typically:

  1. Your solicitor receives the mortgage funds.

  2. Your solicitor receives your remaining purchase funds.

  3. The solicitor sends the completion money to the seller’s solicitor.

  4. The seller’s solicitor confirms receipt.

  5. Completion takes place.

  6. You become the owner.

  7. The estate agent releases the keys.

  8. You move into your new home.

Step 35: Your Solicitor Deals With Stamp Duty Land Tax

If you are buying property in England or Northern Ireland, Stamp Duty Land Tax (SDLT) may be payable.

Your solicitor will normally calculate the SDLT position and deal with the required return and payment where they are instructed to do so.

The Law Society’s current home-buying guidance states that SDLT is normally paid to HMRC within 14 days of completion. For purchases in Wales, Land Transaction Tax (LTT) applies instead, with the Welsh Revenue Authority payment deadline stated as 30 days. (Law Society)

The amount of SDLT depends upon factors including:

  • purchase price;

  • whether you are a first-time buyer;

  • whether you already own property;

  • whether you are buying an additional property;

  • property type;

  • and the applicable tax rules at the time of purchase.

Tax rules can change, so your solicitor or tax adviser should confirm the position for your transaction.

Step 36: Your Solicitor Registers You as the New Owner

After completion, your solicitor must deal with HM Land Registry registration.

This is the stage where the Land Registry record is updated to show you as the new registered owner.

If you have a mortgage, the lender’s charge will also need to be registered.

HM Land Registry confirms that a new owner must apply to change the registered owner details and that a solicitor or conveyancer can make the application on the buyer’s behalf. (GOV.UK)

For many transactions, an AP1 application is used to change the register. HM Land Registry states that AP1 is used to change the register for property and is used for most transactions affecting the register. (GOV.UK)

Step 37: Your Solicitor Deals With Post-Completion Conveyancing

Even after you have collected your keys, your solicitor’s work may not be finished.

They may still need to:

  • register the transfer;

  • register the mortgage;

  • deal with Land Registry requisitions;

  • submit outstanding documents;

  • deal with SDLT;

  • send you final documentation;

  • and close the legal file once registration is complete.

If the property was unregistered, the registration process can be more involved.

HM Land Registry explains that land or property must generally be registered when it is bought, given, inherited or mortgaged, subject to specific rules. (GOV.UK)

What Does a Conveyancing Solicitor Actually Do When You Buy a House?

In simple terms, your conveyancing solicitor performs the following legal process:

Before exchange

1. Verify your identity

2. Review the seller’s contract pack

3. Check the property title

4. Check ownership

5. Investigate rights and restrictions

6. Order property searches

7. Review planning information

8. Review building regulations documentation

10. Investigate leasehold matters

11. Check your mortgage requirements

13. Arrange the contract

14. Obtain your authority to exchange

Exchange

15. Sign the contract

16. Exchange contracts

17. Pay the contractual deposit

18. Agree the completion date

Completion

19. Obtain mortgage funds

20. Obtain your balance of purchase funds

21. Complete the purchase

22. Release the keys

After completion

23. Deal with SDLT/LTT

24. Register ownership

25. Register the mortgage

26. Deal with Land Registry requirements

27. Complete the post-completion conveyancing process

Freehold vs Leasehold Conveyancing

The process differs depending on whether you are buying freehold property or leasehold property.

Buying a Freehold House

Your solicitor will typically investigate:

  • freehold title;

  • boundaries;

  • rights of way;

  • restrictive covenants;

  • planning;

  • building regulations;

  • searches;

  • services;

  • access;

  • and other title matters.

Buying a Leasehold Flat

Your solicitor will additionally investigate:

  • lease length;

  • ground rent;

  • service charges;

  • major works;

  • building insurance;

  • management company;

  • landlord;

  • restrictions;

  • subletting;

  • alterations;

  • communal areas;

  • parking;

  • storage;

  • and other lease provisions.

Leasehold conveyancing can therefore take longer and require more documentation.

How Long Does Conveyancing Take When Buying a House?

There is no guaranteed timeframe.

A straightforward purchase can progress relatively quickly, while a complicated purchase can take considerably longer.

Common causes of conveyancing delays include:

  • slow property searches;

  • mortgage delays;

  • missing documents;

  • defective title;

  • planning issues;

  • building regulations issues;

  • leasehold management information;

  • restrictive covenants;

  • boundary disputes;

  • unregistered land;

  • complex property chains;

  • slow replies to enquiries;

  • and Land Registry delays.

One of the best ways to avoid unnecessary delays is to respond quickly when your solicitor requests information or documents.

What Can Go Wrong When Buying a Property?

A conveyancing solicitor may identify a wide range of potential problems.

Defective title

The seller’s title contains a legal defect.

Missing right of way

There is no clear legal documentation establishing access.

Restrictive covenant

A covenant could restrict what you want to do with the property.

Planning permission problem

An extension or alteration may not have the expected planning approval.

Building regulations problem

There may be no evidence that building work received the required building control approval.

Boundary issue

The physical boundaries may not correspond with the title information.

Short lease

The remaining lease term may affect value or mortgageability.

Environmental issue

Searches may identify contamination, flooding or other risks.

Major works

A leasehold property may be subject to substantial upcoming expenditure.

Unregistered title

The property may require first registration, creating additional legal work.

Your solicitor’s role is to identify and explain these issues before you become legally committed.

Can a Conveyancing Solicitor Stop You Buying a House?

Your solicitor does not normally decide whether you should buy the property.

Their job is to advise you about the legal position and risks.

They can tell you:

“There is a restrictive covenant.”

“The title does not clearly show a right of way.”

“The lease has only 68 years remaining.”

“There is no building regulations completion certificate.”

“The local authority search reveals a planning issue.”

You then decide whether you want to proceed.

However, if your solicitor is also acting for your mortgage lender, the lender may have requirements that need to be satisfied before the mortgage can proceed.

Do You Need a Solicitor When Buying a House?

You can technically deal with some property registration matters yourself, but residential property transactions are legally complex.

HM Land Registry itself warns that land registration is complex and that there can be significant consequences for errors, recommending consideration of legal representation. (GOV.UK)

A professional conveyancing solicitor or licensed conveyancer can deal with:

  • title investigation;

  • property searches;

  • legal enquiries;

  • contracts;

  • mortgage requirements;

  • exchange;

  • completion;

  • Stamp Duty;

  • and registration.

For most buyers, professional conveyancing provides important protection during what is usually one of the largest financial transactions they will undertake.

Buying a House: Your Conveyancing Checklist

Before exchange of contracts, make sure you have:

  • Instructed a conveyancing solicitor

  • Completed identity checks

  • Provided details of your mortgage

  • Received and reviewed the contract

  • Had the property title checked

  • Had appropriate property searches carried out

  • Reviewed search results

  • Had your solicitor raise enquiries

  • Received satisfactory replies

  • Checked planning permission

  • Checked building regulations documentation

  • Considered a property survey

  • Reviewed leasehold information if applicable

  • Received your mortgage offer

  • Resolved material legal issues

  • Agreed the completion date

  • Signed the contract

  • Provided the required funds

  • Authorised your solicitor to exchange

After exchange:

  • Contracts are legally binding

  • Mortgage funds are arranged

  • Completion statement is checked

  • Completion takes place

  • Keys are released

  • SDLT/LTT is dealt with

  • Land Registry registration is submitted

  • Mortgage is registered

  • Post-completion matters are completed

Final Thoughts: What Does a Conveyancing Solicitor Do When Buying a Property?

The role of a conveyancing solicitor when buying a house is to investigate the legal position of the property, identify potential problems, advise you about those risks and complete the legal transfer of ownership.

From the moment you instruct your property solicitor, they can be involved in:

title checks → property searches → legal enquiries → planning checks → building regulations checks → mortgage requirements → contract review → exchange of contracts → completion → Stamp Duty → HM Land Registry registration.

The most important point is that an accepted offer does not mean you legally own the property.

The transaction becomes legally binding at exchange of contracts, and you become the owner when completion takes place.

After completion, your solicitor still has important work to do to register your ownership and mortgage with HM Land Registry.

If you are buying a home, understanding the conveyancing process, knowing what your property solicitor is doing at each stage and responding quickly to requests for information can help make the property purchase as smooth as possible.

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