Buying your first home is exciting. However, the legal process — known as conveyancing — can feel confusing if you’ve never been through it before.
Conveyancing is simply the legal process of transferring ownership of a property (or land) from the seller to the buyer. A solicitor or other conveyancer handles the “legal work” to make sure the property is safe to buy, a good and marketable title is available, and everything is completed correctly.
Here’s a straightforward guide to the main stages.
Step 1. Instruct a Solicitor or Conveyancer
Once your offer on a property is accepted, the first step is to instruct a solicitor or conveyancer. They will:
• Confirm your identity and source of funds
• Review the draft contract documentation from the seller’s solicitor
• Begin the legal checks on the property
If you’re buying with the aid of a mortgage, your conveyancer will also work with your lender. They will act on behalf of the lender to ensure that their legal requirements are met and they are fully protected throughout the transaction.
Step 2. Property Searches and Legal Checks
Your conveyancer will carry out a number of property searches to identify any potential issues you might not see during a viewing.
These commonly include:
• Local authority searches (planning permissions, building regulations, road schemes, etc.)
• Drainage and water searches
• Environmental searches (flood risk, ground instability or contaminated land)
It is important to instruct your surveyor to undertake a Building Survey to ensure that the property is free from any “hidden” issues.
Step 3. Documents Review and Enquiries
Your conveyancer will review the paperwork and search results. They may then raise enquiries with the seller’s solicitor.
This stage is about clarifying anything that needs further explanation. Examples include:
• Boundaries or rights of way
• Leasehold costs or service charges
• Planning permissions or building work
• Restrictive covenants
Once all enquiries have been responded to satisfactorily, your conveyancer will report back to you explaining the findings and setting out the key details of the purchase. This information will form part of the “Report on Title”. You must raise any concerns with your conveyancer prior to giving authority to proceed to exchange of contracts.
Step 4. Exchange of Contracts
Exchange of contracts is the point where the transaction becomes legally binding.
At this stage:
• You pay your deposit (usually 5–10% of the purchase price)
• A completion date is agreed
• Both parties are legally committed to the sale
Withdrawing from the purchase once exchange of contracts has taken place can lead to significant financial penalties (including the loss of your deposit).
Step 5. Completion Day
Completion is when the purchase is finalised.
Your conveyancer transfers the remaining funds to the seller’s solicitor. When receipt of the funds is confirmed, the estate agent releases the keys. This is the moment you officially become the new owner and can begin moving your belongings into your new home!
Step 6. After Completion
Your conveyancer still has some work to do after you move in, including:
• Paying any Stamp Duty Land Tax (if applicable)
• Registering you as the new owner with HM Land Registry
Registration at HM Land Registry can take several months. If the transaction is a Transfer of Part or a New Lease, it can take more than a year.
If you’re looking for a conveyancer you can trust, speak to our conveyancing team today on 01245 343980 or email newbusiness@gepp.co.uk
