How to buy a house: the conveyancing process

Before you make an offer: budget and mortgage

Start with a realistic budget. As well as your deposit, allow for legal fees, search fees, a survey, Land Registry fees, any Stamp Duty Land Tax and the cost of moving. We set out our fees and the expected third-party costs in your quote, so there are no surprises later.

If you are borrowing, get a mortgage agreement in principle before you start viewing. It shows roughly how much a lender may lend you, and estate agents often ask for one before they put your offer forward. It is not a formal offer, so the lender will still assess you and value the property later.

First-time buyers

In England you may qualify for first-time buyer relief on Stamp Duty Land Tax. The rules and thresholds change, so check the current position on GOV.UK.

Lifetime ISA

If you are using a Lifetime ISA, tell us early. The money is paid to your solicitor rather than to you, there is a price cap and timing rules apply, and the claim has to be made in good time before completion. Check the current rules on GOV.UK.

Buying in Wales

In Wales you pay Land Transaction Tax, collected by the Welsh Revenue Authority, instead of Stamp Duty Land Tax. It has its own rates and rules.

When to instruct a solicitor

Instruct your solicitor before you make an offer, or as soon as one is accepted. The estate agent will send a memorandum of sale to both solicitors, and the work can start straight away if you are already set up with us. Leaving it a week or two after your offer is accepted is one of the easiest delays to avoid.

If you are selling at the same time, we can act on both sides of your move and keep the two transactions in step. See buying and selling together.

ID, anti-money laundering and source of funds checks

Before we can act, the law requires us to verify your identity and understand where the money for your purchase is coming from. These checks protect you, us and your lender from fraud and money laundering. They are not optional, and they apply to every client.

• Proof of identity and address for everyone buying.
• Bank statements showing how your deposit was built up, usually covering several months.
• Evidence of other sources, such as a sale of shares, an inheritance or the proceeds of selling your current home.
• If a family member is giving you money, their ID, evidence of where their money came from, and a signed gift letter.

A gift letter confirms the money is a gift, not a loan, and that the person giving it will have no share in the property. Your lender must be told about any gifted deposit, and some lenders have their own form. Sending these documents early saves weeks later on.

The contract pack and title checks

Once the seller’s solicitor is instructed, they send us a draft contract and supporting documents. We check that the seller owns the property and has the right to sell it, and look for anything in the title that could affect you.

Title register and plan

The official record from HM Land Registry showing the owner, the boundaries, any mortgages and any rights or restrictions over the land.

Property Information Form (TA6)

The seller’s answers about disputes, alterations, guarantees, services, flooding and other matters you should know about.

Fittings and Contents Form (TA10)

What is included in the sale, what is being taken and what is for sale separately.

Leasehold Information Form (TA7)

For flats and other leasehold properties, details of the lease, service charges, ground rent and the management of the building.

If the property is leasehold, we also review the lease itself and the management pack from the landlord or managing agent. Lease length, ground rent, service charges and any planned major works all matter, both to you and to your lender. Read more about leasehold properties.

What searches does a solicitor do?

Searches are enquiries made with public bodies and specialist providers to find out about the property and the area around it. Most lenders require them, and we recommend them even if you are buying without a mortgage.

Local authority search

Planning and building control history, local land charges, whether the road is maintained by the council, and nearby road or rail schemes.

Drainage and water search

Whether the property is connected to the public water supply and sewers, and whether a public sewer runs within its boundaries.

Environmental search

Risks such as contaminated land, flooding, ground stability and radon.

Coal mining and other location searches

Ordered where the area calls for it. Coal mining searches are common across much of the North East. See our notes on coal mining and local issues.

We order searches once you have paid for them, usually at the start. Most come back within days, but local authority searches can take longer in some council areas.

Surveys: why a mortgage valuation is not enough

Your lender will arrange a valuation, but that is for the lender’s benefit. It checks the property is worth enough to lend against. It is not a survey and may not tell you about defects.

An independent survey tells you about the condition of the home before you are committed. The RICS Home Survey comes in three levels.

Level 1

A basic condition report, suited to newer, conventional homes in good condition.

Level 2

A more detailed report for most conventional homes in reasonable condition, with or without a valuation.

Level 3

The most thorough inspection, for older, larger, altered or unusual properties, or where you plan major works.

Book the survey early. If it finds problems, you can ask further questions, get quotes for repairs or renegotiate the price before exchange. Let us know what the surveyor says, as some findings, such as alterations or boundary issues, raise legal questions we need to check.

Enquiries, your mortgage offer and signing

When we have the contract pack, the searches and your survey, we raise enquiries with the seller’s solicitor. These are questions about anything unclear or missing, such as missing building regulations sign-off, a shared driveway or a gap in the paperwork. Replies can take time, especially when the seller has to find old documents.

Meanwhile your lender values the property and, if all is well, issues a formal mortgage offer. We usually act for your lender too, so we check its conditions and make sure everything it needs is in place before we ask for the money.

When everything is satisfactory, we send you a report on title. It explains what you are buying, the results of our checks and anything you need to know or decide. You then sign the contract, the transfer deed and, if you are borrowing, the mortgage deed.

Exchange of contracts and completion

1. Agree a completion date. Everyone in the chain agrees a date. It is often one to two weeks after exchange, but it can be the same day or later if everyone agrees.
2. Pay your deposit. You send us your deposit in good time before exchange. It is commonly 10% of the price, though a lower amount can sometimes be agreed.
3. Exchange contracts. We exchange signed contracts with the seller’s solicitor and the deposit is paid. From this moment the purchase is legally binding. If you pull out, you are likely to lose your deposit and could face further claims.
4. Insure the building. Most lenders require buildings insurance from exchange, and we recommend it even if you are buying without a mortgage. For a flat, the building is usually insured by the landlord or management company instead.
5. Complete. On completion day we receive your mortgage funds and send the full price to the seller’s solicitor. Once they confirm receipt, the estate agent releases the keys. Completions often happen around lunchtime or in the afternoon, so plan your removal on that basis.

After completion: tax and registration

In England, a Stamp Duty Land Tax return must be filed, and any tax paid, within 14 days of completion. This applies even when no tax is due. We file the return and pay the tax from funds you send us before completion. In Wales, we deal with the Land Transaction Tax return instead.

We then apply to HM Land Registry to register you as the owner, along with your lender’s mortgage. Registration can take some time to process, but your ownership is protected while the application is pending. We will send you confirmation once it is done.

How long does buying a house take?

There is no fixed timescale. A straightforward freehold purchase often takes around two to four months from offer to completion. Purchases in a chain, or involving a leasehold flat, can take longer. The common causes of delay are:

• A chain, where every sale and purchase has to be ready to exchange at the same time.
• Slow local authority searches in some council areas.
• Lender processes, including valuations and mortgage offers.
• Leasehold management packs, which can take weeks to arrive from managing agents.
• Missing paperwork, such as building regulations certificates or planning consents for alterations.
• ID or source of funds documents that arrive late or are incomplete.

Much of this is outside anyone’s direct control, but you can help by instructing us early, replying quickly and sending documents as soon as we ask. We keep you updated at each stage. See how it works for an overview of our process, or get a quote when you are ready to start.

Common questions