Conveyancing: Complete Guide & Process for Buyers

This guide breaks down the conveyancing process into clear, manageable stages, explaining what happens behind the scenes to turn an offer into a set of keys.

Phase 1: Getting Started and Compliance

The process officially starts once an offer has been accepted. However, a solicitor cannot simply start work immediately. Before looking at any contracts, they must complete a strict “onboarding” process. This is not just red tape; it is a legal requirement designed to prevent fraud.

Identity Checks

First, the solicitor must prove that the client is who they say they are. This involves checking passports, driving licences, and proof of address.

Source of Funds

This is often the part that surprises buyers the most. Solicitors are required by law to verify where the money for the purchase is coming from to prevent money laundering. If a buyer is using savings or profits from crypto investments, they will need to show bank statements. If a family member is helping with the deposit (a “gifted deposit”), the solicitor needs to check their identity and bank statements too. Until these checks are complete, the legal work cannot fully begin.

Phase 2: The Contract Pack (The Seller’s Side)

Once the file is open, the legal work begins with the seller’s solicitor. They are responsible for drawing up the initial paperwork, known as the Draft Contract Pack.

To do this, they ask the seller to fill out standard forms that give a detailed history of the property. The two most important forms are:

• The Property Information Form: This asks the seller about boundaries, disputes with neighbours, planning permission for any changes made, and utility suppliers.

• The Fittings and Contents Form: This is a checklist of what is staying and what is going. It clarifies whether things like the carpets, curtains, garden shed, or kitchen appliances are included in the price.

The seller’s solicitor sends these forms, along with the official title deeds from the Land Registry, to the buyer’s solicitor.

Phase 3: Investigation of Title (The Buyer’s Side)

This is the busiest and most critical phase for the buyer’s solicitor. Their job is to be a detective. They need to investigate the property to make sure there are no hidden nasties that could cost the buyer money or cause legal headaches later.

This investigation happens in two main ways: Searches and Enquiries.

The Searches

A “search” is essentially a background check on the property using official government data. The solicitor doesn’t visit the house; instead, they request reports from various authorities.

• Local Authority Search: This checks the local council’s records. It looks for planning permissions (or lack thereof), building regulations, and whether the council maintains the roads and footpaths. It also checks if there are plans for major changes nearby, like a new motorway or railway line.

• Water and Drainage Search: This confirms the property is connected to mains water and sewers. It also shows if any public sewers run under the garden, which could stop the buyer from building an extension in the future.

• Environmental Search: This checks for risks that aren’t visible to the naked eye, such as a history of flooding, land contamination from old factories, or ground stability issues like subsidence.

Raising Enquiries

While the searches are being processed, the solicitor reads through the contract pack sent by the seller. They look for gaps or inconsistencies.

For example, if the seller says they added a conservatory five years ago, the solicitor will check if the correct council certificates are attached. If the title deeds say the driveway is shared with a neighbour, the solicitor will ask who is responsible for fixing potholes.

These questions are sent to the seller’s solicitor and are called Enquiries. This back-and-forth can take time. The seller’s solicitor often has to ask the seller for more information, or track down missing documents from the council or management companies.

Phase 4: Checking the Mortgage

If the buyer is using a mortgage to buy the house, the solicitor has a dual role. They act for the buyer, but they also act for the lender (the bank).

Once the bank approves the mortgage, they send a copy of the Mortgage Offer to the solicitor. The solicitor must check this document carefully to ensure the details match the purchase. For example, if the mortgage offer is for £200,000 but the contract says the price is different, it needs to be fixed.

The solicitor also has to follow the lender’s strict rules. If the legal searches reveal a problem—like a lack of building regulations for a loft conversion—the solicitor must report this to the lender to check if they are still happy to lend the money.

Phase 5: The Report on Title

Once the solicitor has gathered all the information—the search results, the answers to enquiries, and the mortgage offer—they put it all together in one document called the Report on Title.

This is the most important document the buyer will receive. It translates all the complex legal findings into plain English. It explains:

• What the buyer is purchasing (the boundaries).

• Any rules they must follow (like “no business use” or “no fences in the front garden”).

• Any potential risks discovered during the searches.

• The terms of the mortgage.

Along with this report, the solicitor will send the contract and the mortgage deed for the buyer to sign. Signing these papers gets everything ready, but it doesn’t mean the house is sold yet.

Phase 6: Exchange of Contracts

This is the big milestone. Before this point, either side can walk away from the deal without any penalty. The buyer can find another house, or the seller can accept a higher offer from someone else.

Exchange of Contracts is the moment the agreement becomes legally binding.

It usually happens over a phone call between the two solicitors. They confirm they both hold signed contracts and that the buyer’s solicitor holds the deposit funds (usually 10% of the price). They date the contracts and agree on the official Completion Date—the moving day.

Once contracts are exchanged:

• The buyer is legally committed to buying the property.

• The seller is legally committed to selling it.

• If anyone pulls out now, there are serious financial penalties.

• The buyer usually needs to start their buildings insurance from this day.

Phase 7: Getting Ready to Close

There is usually a gap of a week or two between Exchange and Completion (though they can sometimes happen on the same day). During this time, the solicitors do the final financial calculations.

The buyer’s solicitor sends a final bill to the buyer, asking for the remaining money needed to buy the house (the purchase price minus the deposit and mortgage amount), plus legal fees and Stamp Duty tax. They also ask the bank to send the mortgage money so it arrives in time for moving day.

The seller’s solicitor checks with the seller’s bank to see exactly how much is needed to pay off the current mortgage.

Phase 8: Completion (Moving Day)

Completion is the day the money and ownership change hands. It is driven by the banking system.

1. On the morning of completion, the buyer’s solicitor sends the full purchase money to the seller’s solicitor by bank transfer.

2. The seller’s solicitor waits for the money to land in their account.

3. As soon as the money arrives, the seller’s solicitor calls the estate agent and authorises them to release the keys.

4. The buyer can now collect the keys and move in.

The seller’s solicitor then uses the money to pay off the old mortgage and the estate agent fees, transferring whatever is left to the seller.

Phase 9: The Final Paperwork

For the buyer, the stress is over—they are in their new home. However, the solicitor has one final, crucial job to do to ensure the legal title is secure.

Paying the Tax

The solicitor must submit a tax return to the government and pay any Stamp Duty Land Tax due. This has to be done within 14 days to avoid fines.

Updating the Land Registry

Finally, the solicitor sends an application to the Land Registry. This application tells the government to delete the seller’s name from the records and replace it with the buyer’s name. It also notes the new mortgage lender.

The Land Registry can take a few weeks or even months to process this update. Once it is done, the solicitor sends the buyer a copy of the updated title, officially proving they own the property.

Summary

Conveyancing is more than just moving paperwork; it is about risk management. The process exists to ensure that when a buyer hands over their life savings, they receive a property that is legally sound and secure. While the weeks of enquiries and searches can feel slow, each step is a layer of protection, ensuring the dream home doesn’t turn into a legal nightmare.

Conveyancing Keywords Jargon Buster

Conveyancing is filled with specific legal terms. This table provides simple, plain English definitions for the most common terminology encountered during the process.