Conveyancing Explained: The Legal Process of Buying Property

What is conveyancing?

Conveyancing covers all the legal and administrative work needed to transfer ownership of property from one person to another. This includes verifying the seller's legal right to sell, checking for any issues that could affect the property's value or your use of it, preparing and exchanging contracts, and registering the change of ownership with the Land Registry.

The process protects the buyer by ensuring they receive "good title" - legal ownership free from undisclosed encumbrances, restrictions or defects. It also protects the mortgage lender, whose security depends on the property being legally sound and correctly valued.

Conveyancing in England and Wales is based on common law principles and governed by legislation including the Law of Property Act 1925, the Land Registration Act 2002, and various statutory instruments. Scotland has its own property law system based on Scots law, which operates differently - particularly around the binding nature of offers and the role of solicitors.

Solicitor vs licensed conveyancer

Two types of legal professional can handle conveyancing: solicitors and licensed conveyancers. A solicitor is a fully qualified lawyer regulated by the Solicitors Regulation Authority (SRA) who may practise in many areas of law, including property. A licensed conveyancer is a specialist property lawyer regulated by the Council for Licensed Conveyancers (CLC), trained specifically in property transactions.

For a straightforward freehold purchase, there is little practical difference. Licensed conveyancers often charge less and may specialise more deeply in residential transactions. Solicitors may be preferable for complex transactions - such as properties with title defects, boundary disputes, or unusual legal structures - where broader legal expertise is valuable.

Key factors when choosing: ask about their caseload (overloaded conveyancers cause delays), communication style (will they email updates proactively or only when chased?), and whether you will deal with the same person throughout. Online conveyancing firms often offer lower fees but may feel less personal than a local practice.

Conveyancing costs

Conveyancing costs fall into two categories: the conveyancer's professional fees and disbursements (third-party costs they pay on your behalf).

Most conveyancers offer a "no completion, no fee" arrangement for their professional fees - if the purchase falls through, you do not pay their fee. However, you are usually still liable for disbursements already incurred, such as search fees. Confirm this before instructing.

Timeline - how long does conveyancing take?

The conveyancing process typically takes 8-12 weeks from instruction to completion. Here is a typical timeline:

• Week 1-2: Conveyancer receives contract pack from seller's solicitor. Orders property searches. Reviews title documents.
• Week 2-4: Search results returned. Conveyancer reviews and raises preliminary enquiries with seller's solicitor.
• Week 4-6: Enquiry responses received and reviewed. Additional enquiries raised if needed. Mortgage offer received.
• Week 6-8: All enquiries satisfied. Conveyancer reports on title to you and the lender. Draft completion statement prepared.
• Week 8-10: Exchange of contracts. Completion date agreed and set.
• Week 10-12: Completion day. Transfer of funds, handover of keys, registration with Land Registry.

Delays most commonly arise from: slow local authority search returns (some councils take 4-6 weeks), complex leasehold enquiries, chain-related hold-ups (one slow link delays everyone), incomplete or missing paperwork from the seller, and mortgage offer conditions that take time to satisfy.

Pre-contract stage

Once your offer is accepted and you instruct your conveyancer, the seller's solicitor prepares and sends a draft contract package. This typically includes the draft contract, title plan and register entries from the Land Registry, property information form (TA6) completed by the seller, fittings and contents form (TA10) listing what is included in the sale, and copies of any relevant documents such as planning permissions, building regulations certificates or guarantees.

Your conveyancer reviews these documents carefully, checking the title for any issues (restrictive covenants, rights of way, charges), verifying the boundaries match what you expect, and identifying anything that needs further clarification through formal enquiries.

Property searches

Property searches reveal information about the property and its surroundings that may not be apparent from viewing alone:

• Local authority search: Reveals planning applications near the property, road schemes that could affect access, conservation area status, tree preservation orders, smoke control zones and building control records. This is the most important search and the slowest - some councils take 4-6 weeks.
• Environmental search: Checks for flood risk, contaminated land (e.g., former industrial sites), ground stability issues (subsidence, mining, landfill) and radon gas risk. This search is essential for mortgage lender requirements.
• Water and drainage search: Confirms whether the property is connected to mains water and sewerage, identifies any public drains or sewers running through or near the property, and notes any proposed works by the water company.
• Chancel repair search: Checks whether the property is in a parish where a historical liability to contribute to church chancel repairs exists. This obscure liability can run into tens of thousands of pounds. Indemnity insurance is available as an alternative.

Raising enquiries

After reviewing the contract pack and search results, your conveyancer raises enquiries - formal written questions directed to the seller's solicitor. Common enquiries include questions about alterations made to the property (were they approved by building control?), boundary responsibilities, disputes with neighbours, compliance with covenants, and any issues flagged by the searches.

The enquiry process can go through multiple rounds. The seller's solicitor responds, and your conveyancer reviews the answers. If the responses are unclear or raise further concerns, additional enquiries are raised. This is often where delays occur, particularly if the seller is slow to provide information or if the issues are complex.

Mortgage offer and report on title

Once your mortgage lender has completed their valuation and underwriting, they issue a formal mortgage offer. Your conveyancer reviews the offer, checks the conditions, and ensures everything aligns with the purchase. They then prepare a "report on title" for both you and the lender, summarising the legal position of the property, any issues found and how they have been resolved.

You will need to sign the mortgage deed at this stage, either in person, by witnessed signature or electronically depending on the lender's requirements. Your conveyancer will also ask you to sign the contract and transfer deed.

Exchange of contracts

Exchange of contracts is the moment the sale becomes legally binding. Your conveyancer ensures that all enquiries are resolved, searches are satisfactory, the mortgage offer is in place, and buildings insurance is arranged (most lenders require this from exchange). The deposit - typically 10% of the purchase price - must be available in cleared funds.

Exchange happens by telephone between the two solicitors, following one of several established protocols (known as Law Society formulae). The completion date is fixed at this point. In a chain, all parties typically exchange on the same day.

After exchange, pulling out has severe consequences. The buyer forfeits their deposit, and either party may face a claim for damages covering the other party's losses, including additional costs, lost transactions and price differences.

Completion

On completion day, your conveyancer requests the mortgage funds from the lender, adds your deposit balance (the total purchase price minus the exchange deposit already paid) and transfers the full amount to the seller's solicitor. Once confirmed, the sale is complete. The seller's solicitor notifies the estate agent to release the keys. You are now the legal owner.

Completion usually happens between 12pm and 3pm. If you are in a chain, you may need to wait for funds to cascade through from earlier completions. Your conveyancer will keep you updated throughout the day.

Post-completion

After completion, your conveyancer handles: filing the stamp duty return and paying SDLT to HMRC within 14 days, registering your ownership with the Land Registry (this can take several weeks to months), sending you copies of the registered title once processed, and storing or returning the original title deeds.

Can you do your own conveyancing?

There is no legal requirement to use a solicitor or licensed conveyancer for a property purchase. However, DIY conveyancing carries significant risks:

• Mortgage lenders will not accept it: If you are buying with a mortgage, the lender requires a qualified legal professional to act on their behalf. This alone rules out DIY conveyancing for most buyers.
• No professional indemnity insurance: If a professional conveyancer makes an error, their insurance covers your losses. DIY errors are at your own cost.
• Complexity: Property law is complex. Missing a restrictive covenant, failing to identify a defective title, or not carrying out proper searches can lead to expensive problems that far outweigh conveyancing fees.
• Seller's solicitor may refuse to deal: Some firms will not correspond with unrepresented buyers due to the additional risks and complications involved.

In practice, DIY conveyancing is only feasible for cash purchases of simple freehold properties between parties who know each other. Even then, the risks rarely justify the £1,000-£2,000 saving.