The conveyancing process when buying a home

You've found the property, agreed a price and had your offer accepted.

Now the legal work begins.

For many buyers, this is the point where the process becomes much less visible. You know your solicitor is “doing the conveyancing”, but it is not always obvious what that means, what happens next or why some stages take longer than others.

Understanding the conveyancing process makes it easier to know what you are waiting for, what you need to do and when you are actually getting close to exchange.

Here is the buying process from offer accepted through to completion.

What is conveyancing when buying a property?

Conveyancing is the legal work involved in transferring ownership of a property from the seller to you.

Your conveyancer's job is not simply to process the purchase.

They need to investigate the property and establish whether there are legal issues that could affect your ownership, your mortgage or what you can do with the home in future.

That can include checking:

• who owns the property
• the title
• boundaries
• rights of way
• restrictive covenants
• planning matters
• building regulations
• drainage
• environmental risks
• lease terms
• service charges
• access
• mortgages or other charges on the property

Once everything is satisfactory, contracts can be exchanged and the purchase can proceed to completion.

Step 1: Your offer is accepted

Your offer being accepted is exciting, but it is important to understand what it means legally.

In England and Wales, an accepted offer does not normally make the transaction legally binding.

The seller can still withdraw.

You can still withdraw.

The price could potentially still change if something significant is discovered.

The transaction usually becomes legally binding only when contracts are exchanged.

That means there is still a substantial amount of work to do.

Step 2: Instruct your conveyancer

You should instruct a solicitor or licensed conveyancer as soon as possible.

They will normally ask you for:

• proof of identity
• proof of address
• details of the property
• details of your mortgage
• evidence of your deposit
• information about where your funds have come from
• details of anyone contributing towards the purchase

Completing these checks quickly is important.

Your conveyancer cannot properly progress the transaction if they are still waiting for basic information from you.

Step 3: Apply for your mortgage

If you are borrowing money, you should normally move from your mortgage agreement in principle to a full application once your offer has been accepted.

Your lender will assess:

• your income
• affordability
• credit history
• the property
• the amount you are borrowing

The lender may also arrange a valuation.

Remember that a mortgage valuation is primarily for the lender.

It is not the same thing as a detailed survey for you.

Step 4: The seller's contract pack arrives

The seller's conveyancer prepares a package of legal information about the property and sends it to your conveyancer.

This is often called the contract pack.

It can include:

• draft contract
• official title information
• title plan
• property information form
• fixtures and fittings form
• lease documents where applicable
• other supporting paperwork

This gives your conveyancer the information needed to begin investigating the property properly.

Step 5: Your conveyancer checks the title

One of the most important parts of conveyancing is checking what you are actually buying.

Your conveyancer will review the property's title.

They may investigate things such as:

• whether the seller is the registered owner
• the extent of the land
• access rights
• shared driveways
• rights benefiting neighbours
• restrictive covenants
• mortgages registered against the property
• restrictions affecting future transfers
• unusual obligations

A house can look completely straightforward when you view it and still have complicated legal rights attached to it.

This is why title investigation matters.

Step 6: Searches are ordered

Your conveyancer will normally order searches relating to the property.

Typical searches can include:

Local authority search

This can reveal matters including planning records, building regulation information, nearby road proposals and certain restrictions affecting the property.

Drainage and water search

This provides information about water and sewerage arrangements and may show whether public drainage infrastructure affects the property.

Environmental search

This can identify issues such as contaminated land and environmental risks.

Other specialist searches

Depending on the location, further searches might relate to:

• mining
• flooding
• ground stability
• infrastructure
• other local risks

Searches are important because they can reveal things you could never establish simply by viewing the home.

Step 7: Arrange your survey

Do not confuse your survey with your conveyancing searches.

They answer different questions.

Your conveyancer investigates the legal position.

Your surveyor investigates the physical condition.

Depending on the property, you might arrange a Home Survey Level 2, Level 3 or another specialist inspection.

A survey can identify issues such as:

• roof problems
• damp
• movement
• structural concerns
• defective windows
• drainage problems
• poor maintenance

If something significant is discovered, you may want to investigate further before committing yourself at exchange.

Step 8: Your conveyancer raises enquiries

Once your conveyancer has reviewed the title, forms and other documents, they will normally raise questions with the seller's solicitor.

These are known as enquiries.

Examples might include:

• Was planning permission obtained for the extension?
• Is there a completion certificate?
• Who owns the boundary fence?
• Who maintains the shared driveway?
• Is there a guarantee for the windows?
• Has the seller ever had a dispute with a neighbour?
• Is there an agreement covering the solar panels?
• Why does the title not appear to match the physical property?

This stage is often where conveyancing slows down.

Some enquiries can be answered immediately.

Others require documents from councils, management companies, freeholders or previous owners.

Step 9: Review the seller's property information

The seller normally completes forms providing information about the property.

This can include details about:

• boundaries
• disputes
• notices
• alterations
• planning
• guarantees
• utilities
• parking
• environmental matters

You should read this information carefully.

Do not assume your solicitor will tell you every minor detail that might matter personally to you.

If something is particularly important, raise it.

For example:

• Is the garden actually included?
• Can you park a commercial vehicle?
• Are there restrictions on running a business from home?
• Has the property ever flooded?
• Who maintains the private road?

Your conveyancer needs to know what matters to you as well as what matters legally.

Step 10: Check what is included in the sale

The fixtures and fittings form sets out what the seller intends to leave behind.

This can cover things such as:

• cooker
• fridge
• dishwasher
• curtains
• blinds
• light fittings
• wardrobes
• garden sheds
• greenhouse
• other items

Read it.

Do not assume the expensive range cooker or garden office is included simply because it was there when you viewed the property.

Step 11: Your mortgage offer is issued

A mortgage agreement in principle is not enough to exchange contracts.

You normally need a formal mortgage offer.

Your conveyancer will also receive mortgage instructions from your lender.

They effectively act for both you and the lender in many mainstream mortgage transactions and must make sure the property satisfies the lender's legal requirements.

If something appears in the title that concerns the lender, it may need to be resolved before you can proceed.

Step 12: Problems are investigated

Not every conveyancing issue means the purchase will collapse.

Problems discovered during conveyancing might include:

• missing building regulation certificates
• planning irregularities
• rights of way
• title discrepancies
• undocumented alterations
• defective leases
• restrictive covenants
• missing guarantees
• old mortgages still appearing on the title

Possible solutions might involve:

• obtaining documents
• correcting the title
• getting retrospective approval
• obtaining consent
• negotiating with the seller
• arranging indemnity insurance
• reporting the issue to your mortgage lender

The important thing is that you understand significant issues before exchange.

Step 13: Leasehold checks, if applicable

If you are buying a leasehold property, there is usually considerably more information to review.

Your conveyancer may investigate:

• length of lease
• ground rent
• service charges
• buildings insurance
• reserve funds
• planned major works
• management company
• restrictions on letting
• restrictions on alterations
• rules about pets
• parking
• fees payable after completion

You should pay particular attention to ongoing costs.

A flat may appear affordable based on the purchase price but be much more expensive once service charges and major works are included.

Step 14: You receive the report on title

Once your conveyancer has completed their main investigations, they will normally report to you on the property.

This is one of the most important documents you receive.

It should explain the legal position and highlight anything significant.

Read it properly.

This is not paperwork to scroll through and sign at the bottom.

Look for information about:

• boundaries
• rights
• restrictions
• covenants
• planning
• access
• lease terms
• service charges
• unusual obligations

If you do not understand something, ask.

Exchange is the point after which changing your mind becomes much more difficult and potentially expensive.

Step 15: Sign the contract and other documents

You may be asked to sign:

• purchase contract
• mortgage deed
• Stamp Duty documents
• transfer paperwork
• other property-specific documents

Signing the contract does not necessarily mean you have exchanged contracts.

Your conveyancer will normally hold the signed document until all parties are ready to exchange.

Step 16: Agree the completion date

Before exchange, you and the seller need to agree when the transaction will complete.

If there is a property chain, the same completion date may need to work for everyone.

This can sometimes become surprisingly difficult.

People may need to coordinate:

• removals
• work
• school
• mortgage funds
• onward purchases
• tenancy end dates

Try to discuss likely completion dates before the very last minute.

Step 17: Transfer your exchange deposit

Before exchange, your conveyancer may ask you to transfer money towards your deposit.

Traditionally, a 10% deposit is associated with exchange, although the actual amount can vary depending on the transaction and chain.

Make sure you understand:

• how much you need to transfer
• when it is needed
• the bank details
• any transfer limits imposed by your bank

Large transfers should be planned rather than attempted at 4pm on exchange day.

Also be extremely cautious about payment fraud.

Always verify bank details using a trusted method before sending large sums of money.

Step 18: Exchange contracts

Once:

• enquiries are satisfactory
• searches are complete
• your mortgage is ready
• you are satisfied with the survey
• the deposit is available
• the completion date is agreed

you may be ready to exchange.

Your solicitor and the seller's solicitor formally exchange contracts.

From this point, the transaction becomes legally binding.

You are now committed to buying the property on the agreed terms.

Step 19: Buildings insurance

Depending on the transaction, your responsibility for insuring the property may begin at exchange rather than completion.

Your conveyancer should explain when your insurance needs to start.

If you have a mortgage, your lender will normally require adequate buildings insurance.

Do not leave this until completion morning.

Step 20: Final checks before completion

Between exchange and completion, your conveyancer will carry out final work.

This may include:

• requesting mortgage funds
• carrying out final Land Registry searches
• checking bankruptcy or insolvency information where required
• preparing a completion statement
• arranging transfer of the purchase money

You will receive a completion statement showing what is required from you.

This can include:

• purchase price
• mortgage funds
• deposit already paid
• Stamp Duty
• conveyancing fees
• other costs

You then transfer any remaining balance to your conveyancer.

Step 21: Completion day

This is the day you have been waiting for.

Your conveyancer sends the purchase money to the seller's conveyancer.

Once the seller's solicitor confirms receipt, the transaction completes.

The estate agent is then normally authorised to release the keys.

You own the property.

What time do you normally get the keys?

There is no guaranteed time.

Completion depends on money moving through the banking system and, where there is a chain, funds may need to move through several transactions.

Keys are often released around late morning or early afternoon, but this varies.

Do not assume you will have access at 9am.

Step 22: Stamp Duty is dealt with

If Stamp Duty Land Tax is payable in England or Northern Ireland, your conveyancer will normally submit the relevant return and arrange payment using funds collected from you.

Different taxes apply in Scotland and Wales.

This is normally handled shortly after completion.

Step 23: You are registered as the new owner

After completion, your conveyancer applies to HM Land Registry to register you as the new owner.

If you have a mortgage, the lender's charge will normally also be registered.

This can take some time.

You do not need to wait for registration before moving in.

Completion has already taken place.

But your conveyancer should eventually confirm when registration has been completed.

How long does conveyancing take when buying?

There is no universal timescale.

A simple chain-free freehold purchase can move much more quickly than a leasehold transaction involving a long chain.

Things that commonly affect the timescale include:

• mortgage approval
• searches
• surveys
• enquiries
• missing documents
• leasehold management information
• title problems
• planning issues
• the length of the chain

The number of weeks is less useful than understanding what is actually outstanding.

How do I know what is holding up my purchase?

Instead of asking your solicitor:

“Any update?”

ask:

“What specifically needs to happen before we can exchange?”

A useful answer might be:

1. Mortgage offer outstanding.
2. Local search not returned.
3. Seller has not answered four enquiries.
4. Management company information outstanding.
5. Completion date still needs to be agreed.

Now you know where the transaction really stands.

Can I speed up conveyancing when buying?

You cannot control every part of the process, but you can make sure you are not the reason it is delayed.

Do these things early:

• instruct your conveyancer immediately
• provide identity documents quickly
• explain the source of your deposit
• apply for your mortgage promptly
• pay for searches when requested
• arrange your survey early
• respond to questions quickly
• read reports when they arrive
• make decisions promptly
• transfer funds in good time

If there is a chain, ask the estate agent to establish where each transaction has reached.

What should I check before exchange?

Before committing yourself to the purchase, make sure you are comfortable with:

• the survey
• the title
• searches
• boundaries
• access
• planning
• building regulation matters
• restrictions
• mortgage conditions
• fixtures and fittings
• lease terms if applicable
• service charges
• major works
• completion date
• total funds required

Exchange should not be treated as an administrative milestone.

It is the moment at which you commit to buying the property.

The conveyancing process is really about reducing surprises

Most buyers naturally focus on the home they can see.

The kitchen.

The garden.

The bedrooms.

The location.

Conveyancing investigates the things you often cannot see.

Does the driveway legally belong to the house?

Can somebody else cross the garden?

Was the extension properly approved?

Is there a restriction preventing you from making future alterations?

Are major repairs planned for the block?

That is why the legal process matters.

The goal is not simply to get to exchange as quickly as possible.

It is to get there quickly without discovering something important after it is too late.

Understand the property before you commit

The more you know about a property early in the buying process, the easier it is to ask the right questions and identify potential problems before exchange.

Tepilo helps bring together useful information about a home so buyers can understand more of the property story before they commit.

Because finding out something important about your future home is useful.

Finding it out the day after completion is not.

Research the property with Tepilo before you exchange.