The Conveyancing Process Explained
Conveyancing. It's one of those words that gets thrown around a lot when you're buying a home, but not many people actually know what it means. In short: it's the legal process of transferring ownership of a property from one person to another. Here's what actually happens.
Your solicitor or conveyancer
Once your offer is accepted, you'll need to instruct a solicitor or licensed conveyancer to act on your behalf. They handle all the legal paperwork, carry out the necessary checks, and ultimately make sure the property is legally safe for you to buy.
It's worth shopping around : costs vary considerably. But don't just go with the cheapest quote. Look for someone who communicates clearly and is responsive. A slow solicitor is one of the most common reasons for delays.
Smeaton tip: Ask your mortgage broker or estate agent for recommendations. A good solicitor who's used to working with local buyers and sellers can make a real difference to how smoothly things go.
What your solicitor will do
Here's the key activity that happens on your side during conveyancing:
- Draft and review the contract
- Raise enquiries with the seller's solicitor (questions about the property, boundaries, any disputes etc.)
- Carry out searches (see below)
- Review the mortgage offer from your lender
- Report to you on all findings and the contract terms
- Arrange the exchange of contracts
- Handle the transfer of funds on completion day
The searches
Your solicitor will carry out a series of searches with various authorities. These are routine but very important. The main ones are:
- Local authority search: checks for planning permissions, road schemes, and anything the council has recorded about the property or area.
- Water and drainage search: confirms how the property is connected to the water supply and sewers.
- Environmental search: checks for flood risk, ground contamination, and proximity to landfill sites.
- Land Registry search: confirms the seller actually owns the property and checks for any charges against it.
Searches typically take one to three weeks, though local authority searches can sometimes take longer. This is often where delays creep in.
Enquiries
Your solicitor will raise formal questions with the seller's solicitor based on what the searches reveal and the documents they've been sent. These can cover anything from boundary disputes, to rights of way, to planning history, to guarantees for recent works.
Some enquiries are answered quickly. Others take time if the seller needs to track down documents. This is another common source of delays, and there's not always a great deal anyone can do to speed it up.
Exchange of contracts
This is the moment it all becomes legally binding. Before exchange, you and the seller can both still walk away. After exchange, you can't : not without significant financial penalty.
At exchange:
- Both parties sign contracts
- You pay your deposit (usually 10% of the purchase price) to your solicitor, who holds it until completion
- A completion date is agreed
Exchange is the milestone you're working towards throughout conveyancing. Once you've exchanged, you can book your removals with confidence.
How long does conveyancing take?
This varies, but typically expect 8 to 12 weeks from offer accepted to exchange. It can be quicker on a simple transaction with a responsive chain and efficient solicitors. It can also take longer : especially if searches or enquiries throw up complications.
The best thing you can do is respond to your solicitor's requests promptly, stay in touch, and don't be afraid to chase politely if you haven't heard anything in a while.
Smeaton tip: Keep a paper trail of everything. Note when you send documents, when you hear back, and keep copies of everything you sign. It won't make things faster, but it keeps you in control.
