Buying or selling a property is one of the biggest financial transactions most people will make. Conveyancing is the legal process of transferring property ownership from one person to another.
In England and Wales, conveyancing involves several stages, from reviewing the contract and carrying out property searches to exchanging contracts, completing the transaction and registering the new ownership with HM Land Registry.
Understanding the conveyancing process can help you know what to expect and where delays can occur.
Table of Contents
What is conveyancing?
Step 1: Instructing a conveyancer
Step 2: Preparing the contract
Step 3: Property searches and enquiries
Step 4: Reviewing the legal documents
Step 5: Agreeing and signing the contract
Step 6: Exchange of contracts
Step 7: Completion
Step 8: Post-completion
How long does conveyancing take?
Frequently asked questions
What is conveyancing?
Conveyancing is the legal process involved in buying or selling property. It covers the transfer of legal ownership and the checks and documentation needed to complete the transaction.
A solicitor or licensed conveyancer will usually handle the legal work on your behalf. Property transactions can involve complex legal requirements, particularly where there is a mortgage, leasehold property, restrictions on the title or an unregistered property.
Step 1: Instructing a conveyancer
The process usually begins when you instruct a solicitor or licensed conveyancer.
For a buyer, your conveyancer will typically:
Review the purchase details and your circumstances.
Check your identification and source of funds.
Review your mortgage offer, if applicable.
Obtain the seller’s contract documentation.
Carry out the necessary searches and enquiries.
For a seller, your conveyancer will prepare the legal paperwork, including the contract package and information about the property.
Step 2: Preparing the contract
The seller’s conveyancer normally prepares the initial contract documentation. This includes information about the property, its title, boundaries, rights and restrictions, and the proposed terms of the sale.
The buyer’s conveyancer reviews these documents and raises any necessary enquiries with the seller’s conveyancer based on the documentation provided.
An accepted offer is not legally binding in England and Wales, until contracts are exchanged or you have purchased the property at an auction.
Step 3: Property searches and enquiries
One of the most important parts of the conveyancing process is checking title to the property.
Depending on the property and circumstances, searches may include:
Local authority searches – which can reveal matters such as planning decisions, highways information and restrictions affecting the property.
Drainage and water searches – providing information about water and sewerage services.
Environmental searches – which can identify potential issues such as flood risk or contaminated land.
Other specialist searches – where appropriate, for example in areas affected by mining or other specific risks.
Your conveyancer will also raise legal enquiries based on the title, searches and information supplied by the seller. Your solicitor cannot provide advice on environmental issues.
Step 4: Reviewing the legal documents
Your conveyancer will review the title and other legal documents and explain anything that could affect your purchase or sale.
For a buyer, this may include checking:
Whether the seller has the right to sell the property.
Rights of way and other easements.
Restrictive covenants.
Boundaries.
Planning and building regulation matters where relevant.
Lease terms and associated charges for leasehold property.
Any mortgage or other financial charges affecting the title.
HM Land Registry’s title register contains important information such as the registered owner, tenure and certain rights and restrictions affecting the property.
Step 5: Agreeing and signing the contract
Once the legal work, searches, enquiries and negotiations are sufficiently advanced, the parties can agree the final contract.
The buyer will normally sign the contract and arrange for the deposit and other funds required for completion to be available. (Please note that this is only after all the AML money laundry checks have been completed.)
A completion date is also agreed. Your conveyancer should explain the contract and its implications before you commit to it.
Step 6: Exchange of contracts
Exchange of contracts is a major milestone in the conveyancing process.
At exchange, the signed contracts are formally exchanged between the buyer’s and seller’s conveyancers. The transaction then becomes legally binding, and the agreed completion date is fixed.
After exchange, withdrawing from the transaction can have significant financial and legal consequences.
Step 7: Completion
Completion is the point at which ownership legally changes hands.
On the day of completion:
The buyer’s conveyancer sends the purchase money to the seller’s conveyancer.
The seller’s conveyancer confirms receipt.
The seller vacates the property, if applicable.
The keys are released, usually through the estate agent.
The buyer can take possession of the property.
For a sale, your conveyancer will also arrange repayment of any mortgage secured against the property and account to you for the remaining sale proceeds.
Step 8: Post-completion
The conveyancing work does not necessarily end on completion.
For a purchase, your conveyancer will generally deal with matters such as:
Paying the relevant property*
Registering the change of ownership with HM Land Registry.
Registering a new mortgage or charge where applicable.
In England, the relevant tax is generally Stamp Duty Land Tax (SDLT). In Wales, Land Transaction Tax (LTT) applies.
HM Land Registry requires changes of ownership to be registered, and a solicitor or conveyancer will often submit the application on the buyer’s behalf.
*If the property is Leasehold certain notices and documents are also required which the solicitor will attend to.
How long does conveyancing take?
There is no fixed timescale for conveyancing. A straightforward transaction may take several weeks, while more complicated matters can take considerably longer. The average conveyancing takes 8-12 weeks.
Delays can arise from property chains, mortgage arrangements, search results, complex titles, leasehold issues, missing information or slow responses from other parties.
Your conveyancer should keep you updated and explain any issues that could affect the anticipated completion date.
Frequently Asked Questions
When does a property purchase become legally binding?
In England and Wales, a standard property transaction becomes legally binding when contracts have been exchanged.
Can you pull out after exchange of contracts?
Withdrawing after exchange can result in serious financial and legal consequences. The precise consequences depend on the contract and circumstances, so legal advice should be obtained before taking action.
What is the difference between exchange and completion?
Exchange of contracts makes the transaction legally binding and fixes the contractual terms and completion date. Completion is when the purchase money is transferred and ownership passes to the buyer.
Does a conveyancer arrange property searches?
Yes. For a purchase, your conveyancer will normally arrange the searches considered appropriate for the property and transaction and advise you on their results.
Do I need a solicitor or conveyancer?
You are legally required to use a solicitor or licensed conveyancer. If you are using a mortgage, your lender may also have requirements about who can act for you.
Get Legal Advice on Your Property Transaction
Whether you are buying your first home, selling a property, investing in property or dealing with a leasehold transaction, professional legal advice can help identify issues before they become problems.
Our conveyancing team can guide you through each stage of the transaction, explain the legal position in straightforward terms and help ensure the necessary steps are completed correctly.
