What is Conveyancing? Guide for Buyers and Sellers

If you are in the process of buying or selling a house, you’ve likely realised by now that there are a lot of stages in the process that you may not have expected, and if you’ve never bought or sold a property before, it might feel overwhelming.

This is especially true for conveyancing, with many people not understanding what conveyancing really means, but it’s more straightforward than you might think.

At Brown Turner Ross, we provide conveyancing support, and we have seen firsthand how confusing the process can be for people who have never experienced it before.

Keep reading to find out more about conveyancing.

Conveyancing Explained

Conveyancing is simply the legal and administrative process of transferring property ownership from a seller to a buyer. The conveyancing process starts when a property offer is accepted and ends at completion, when the keys, funds and deeds are handed over.

What Does a Conveyancing Solicitor Do?

When it comes to the conveyancing stage of a sale, you need to work with a conveyancing solicitor to ensure that the process runs smoothly. The ways that a solicitor helps you through the conveyancing process in the UK include:

Handles the Legal and Administrative Work

One of the most challenging aspects of transferring property is drafting contracts and handling administrative burdens. A conveyancing solicitor manages the paperwork from start to finish, including preparing and checking legal documents, handling Land Registry requirements, and making sure deadlines throughout the transaction are met. This takes the pressure off buyers and sellers who may not be familiar with the legal process.

Review Contracts

Your solicitor will carefully review the draft contract pack prepared by the other party’s solicitor, checking for anything that could disadvantage you. This includes confirming the property boundaries, checking for restrictive covenants, and making sure any fixtures and fittings included in the sale are properly listed. They’ll flag any concerns before you’re committed to the sale.

Run Property Searches

Before a sale can be completed, your solicitor will carry out a series of property searches. These typically include local authority searches, drainage and water searches, and environmental searches, which help uncover any issues that might affect the property, such as planning restrictions, flood risk, or nearby developments. This gives you a clear picture of what you’re buying before contracts are exchanged.

Talk to Lenders and Agents

Your solicitor acts as the main point of contact between you, your mortgage lender, and the estate agents involved in the sale. They’ll liaise on your behalf to keep the transaction moving, provide lenders with the documentation they need to release funds, and ensure everyone involved is kept updated on progress.

Transfer Funds for Sale or Purchase

On completion day, your solicitor handles the transfer of funds, whether you’re buying or selling. For buyers, this means sending the purchase money to the seller’s solicitor. For sellers, it means receiving funds and paying off any outstanding mortgage before releasing the balance to you. They’ll also handle payment of Stamp Duty Land Tax where applicable and register the change of ownership with the Land Registry.

The Conveyancing Process: Step by Step

Before starting the process of buying or selling a house, it’s important to understand the conveyancing process so that you know what to expect.

The conveyancing process in the UK looks like:

Instructing a Solicitor

The first port of call is assigning a solicitor as soon as your offer is accepted.

We are proud to say that our skill set and expertise speak for themselves on ReviewSolicitors, and if you’re looking for a dependable team of solicitors to support you through the conveyancing process, you’re in the right place.

Property Searches

A conveyancing solicitor will also help you by ordering local authority, environmental and water searches on the property. By doing this, they can uncover any hidden legal restrictions on the property, as well as physical hazards or listed issues that an inspection might have missed.

During a property search, a solicitor will identify any planning permissions, land contamination and public sewer paths that were likely not disclosed during initial negotiations, ensuring that your investment is worthwhile and protected.

Raising and Answering Enquiries

A conveyancing solicitor will also raise any enquiries on behalf of a buyer or answer questions on behalf of a seller. These questions usually cover boundaries, fixtures and title deeds, taking care of the little details so you can focus on getting your move on the way.

Exchange of Contracts

One of the most frustrating parts of getting a new property is the exchange of contracts. Often schedules don’t align, and the process can be delayed if contracts are not efficiently handed over and signed.

Solicitors will ensure that contracts are exchanged and signed quickly, so you can reach completion as fast as possible.

Completion

Conveyancing solicitors will take care of the completion process for you, transferring any remaining purchase money and liaising with the other party’s solicitor. Your solicitor will then take care of Stamp Duty Land Tax and register the new deed of ownership at the Land Registry, ensuring new ownership is legally sound.

Conveyancers streamline the process of buying or selling a property, alleviating the pressure which comes with such a big milestone.

What Do Conveyancing Fees Cover?

Conveyancing fees cover the legal and administrative costs of transferring ownership of a property. They pay for all the duties of the solicitor, from drafting contracts to administering ID and anti-money laundering checks.

Conveyancing fees also cover third-party disbursements, like property searches and Land Registry fees. One overarching cost means that all of the details of the property transfer are taken care of without the buyer or seller being burdened to take care of it themselves.

Freehold vs Leasehold Conveyancing

The process for conveyancing can be influenced by whether the property is a freehold or a leasehold. The status of the property can have an impact on the process in the following ways:

Difficulty

Freehold conveyancing is typically much faster and simpler than leasehold conveyancing. Leaseholds introduce more complex legal burdens, fluctuating service charges and strict covenants, which makes the process longer, as the solicitor involved must contact more people, such as a landlord and/or a management company, and there is a lot more paperwork to review and consider.

Costs

Leaseholds tend to be more expensive than freehold conveyancing, as they involve reviewing complex terms and managing third-party communications. Leaseholds also require handling additional legal packs and are not as straightforward as freeholds, so they typically cost more money

How Long Does Conveyancing Take?

On average, the conveyancing process can take 12-16 weeks, spanning from the time an offer is accepted until completion. This timeline can differ depending on a number of factors, such as whether there’s a property chain, whether the property is a freehold or leasehold and the communication of involved parties.

Common Conveyancing Delays and How to Avoid Them

If you are worried about delays occurring, before you go into a conveyancing arrangement, it’s important to be aware of any common conveyancing delays that may occur.

Source of Fund Checks

A key duty of a conveyancer is being able to pinpoint where your deposit comes from to prevent money laundering. Make sure that all your records are in order and your bank statements clearly outline where your funds are coming from.

By ensuring that the source of funds is clear, checks will be faster.

Local Authority Searches

Local authority searches tend to cause the most delay in the conveyancing process as it depends on the speed of the council providing the information. By instructing your solicitor early on, they can get their process in action as soon as possible.

Property Chains

Linked transactions slow down because a delay for one person in the chain affects everyone else. Unfortunately, there’s little you can do about others in the chain, but you can make sure that your personal responsibilities are taken care of by organising your mortgage and paperwork as soon as possible and ensuring that you maintain active communication with all parties.

Get the Support You Need With Brown Turner Ross

Through this guide, you should now have a clearer understanding of what conveyancing is, its timeline and why it is such an important part of a property transaction. At Brown Turner Ross, we offer reputable and reliable conveyancing representation.

If you are buying or selling a property and you need the help of an experienced conveyancer, get in touch today.