Conveyancing is the legal process for transferring the ownership of a property from one person or entity to another. Conveyancing solicitors also often help with other property transactions such as remortgaging and transfers of equity.

What does a conveyancing solicitor do?

Residential conveyancing solicitors handle the legal side of property transactions involving people’s homes. The exact tasks a conveyancing solicitor carries out will depend on the type of transaction and the surrounding circumstances.

Below are examples of how a conveyancer might help with some common types of transactions:

Selling a property

You conveyancer will help with matters such as:

• Gathering essential information from the seller, such as the Property Information Form (covering issues such as property boundaries and any known issues with the property) and the Fittings and Contents Form (detailing exactly what’s included in the sale)

• Obtaining the title deeds

• Drafting the contract of sale

• Verifying the buyer’s identity

• Answering any queries raised by the buyer’s solicitor

• Negotiating contract terms including dates for exchange of contracts and completion of the sale

• Arranging the signing of the contracts

• Exchanging contracts with the buyer’s solicitors

• Handling all details required for completion of the sale, including preparing the transfer deed and a redemption statement setting out how much is owed on the mortgage (where there is one)

• Handling transfer of the deposit and balance of payment from the buyer’s solicitors

Buying a property

Your conveyancing solicitors will assist with steps including:

• Reviewing the information provided by the seller’s solicitors

• Reviewing the contract of sale

• Raising any necessary queries with the seller’s solicitor

• Negotiating contract terms, including exchange and completion dates

• Carrying out conveyancing searches to identify any issues that could affect the buyer after the sale has gone through e.g. environmental issues or planned developments in the area

• Arranging contract signing

• Exchanging contracts with the seller’s solicitors

• Handling payment of the deposit and balance of funds

• Registering the change of ownership with the Land Registry

Remortgaging

Your conveyancing lawyer will help with issues including:

• Securing the redemption statement from your mortgage provider to confirm how much is owed including any early repayment fees

• Checking the terms of your new mortgage

• Handling repayment of your existing mortgage using the funds from your new mortgage

• Updating the Land Registry with the details of the new mortgage lender (if this has changed)

The average time conveyancing takes when buying or selling a property is around 8-16 weeks, but this can vary depending on numerous factors. Where there is a chain or any complex issues that need to be resolved, conveyancing can take longer. Working with specialist property solicitors with extensive experience can help to avoid any delays.

Conveyancing searches are an essential part of the process when buying a property and they typically take around two to eight weeks. However, they can take longer depending on how quick the relevant organisations are to respond and whether any more unusual searches are required.

Our residential conveyancers can advise on which types of searches are required and ensure they are completed as promptly as possible.

Various issues can arise during conveyancing that can delay the process. Some of the most common include:

• Issues with the property title e.g. missing documents or unexpected restrictive covenants (which are legal agreements that restrict the use of the property)

• Slow responses from local authorities and other organisations involved in providing information for conveyancing searches

• Serious defects with the property uncovered during a building survey that mean a price reduction must be negotiated to offset the costs of putting the issues right

• Lack of planning permission or breaches of building regulations in relation to any alterations made to the property

• Paperwork that is incomplete or contains errors e.g. missing signatures or incorrect dates

• Delays in securing the necessary documents e.g. ID documents and proof of funds for anti-money laundering checks

• Issues with the buyer’s funds e.g. trouble securing a sufficient mortgage

• Problems with property chains e.g. where a buyer is ready to move but the seller has not yet found somewhere to move to so cannot vacate their property

• Breakdowns in communications e.g. where one party’s solicitors or the seller’s estate agents do not answer messages promptly

Working with experienced conveyancing solicitors can significantly reduce the risk of some of these issues and give you the best chance of resolving any problems swiftly in a way that protects your interests.

Conveyancing costs can vary significantly depending on factors such as the property’s value, whether it is leasehold or freehold, which searches are required and any other complicating issues. The quality of your conveyancing lawyers may also affect the cost, although you should not simply assume that because a conveyancer is more expensive that they are necessarily better!

As well as your conveyancing solicitor’s fees, you will also need to pay an additional cost known as ‘disbursements’ to cover the cost of conveyancing searches, which are carried out by third parties. You should also factor in the cost of a property survey, of which there are various types. The more comprehensive the property survey you have, the more costly it will be, but this is usually money well spent as it will help to identify any issues with the property that you may need to resolve and that could affect its value.

For an indication of how much your conveyancing may cost, please take a look at our guide to conveyancing fees or get in touch for a competitive conveyancing quote.

Average conveyancing fees in the UK are around £400-£1,500 for buying a house, while disbursements can be up to £700 or more, according to data published by the HomeOwners Alliance. The same data suggests average conveyancing fees for selling a house are around £610-£950, while for leasehold properties, the fees are typically around £300 more than for freehold properties.

Various documents are needed as part of the property conveyancing process. Exactly what is required will depend on the type of transaction.

When buying a property, you must typically provide documents such as:

• Proof of your identity and address

• Proof of the funds you will use for the deposit and balance of payment

• Mortgage documents (if you need a mortgage for the purchase)

When selling a property, your conveyancer should ask for documents including:

• Proof of your identity and address

• Title deeds for the property

• Copies of any leasehold documents (where applicable)

• Energy Performance Certificate (EPC)

• Warranties and guarantees (including for any building alterations or permanent fixtures such as a boiler)

• Up-to-date Electrical Installation Condition Report (EICR)

• Gas Safety Certificates for any gas appliances

• Property Information Form (covering details such as the property boundaries, any ongoing disputes related to the property and any environmental issues)

• Fittings and Contents Form (detailing exactly what fixtures and fittings are included in the sale)

• Leasehold Information Pack (for leasehold properties only)