What do solicitors do when buying a property
Conveyancing is the legal work a solicitor carries out when you buy a property. In England and Wales, the solicitor checks the seller's right to sell, investigates the title and searches, reviews the contract, raises enquiries, works with your mortgage lender, transfers the purchase money and registers you as the new owner.
This guide applies mainly to England and Wales. Property law and buying procedures differ in Scotland and Northern Ireland. Check the position against the law and guidance in force on ****. In England and Northern Ireland, an SDLT return is normally due within 14 days of completion where one is required.
At a Glance: What Your Property Solicitor Does
| Stage | What the solicitor does |
|---|---|
| After your offer is accepted | Opens the file, verifies your identity and source of funds, and contacts the seller's solicitor |
| Legal investigation | Reviews the title, boundaries, rights, restrictions and ownership documents |
| Property searches | Orders local authority, water and drainage, environmental and other relevant searches |
| Contract review | Checks the sale contract, fixtures and fittings, completion date and legal obligations |
| Enquiries | Asks the seller questions about the property, title, alterations, disputes and services |
| Mortgage | Checks the mortgage instructions and lender's legal requirements |
| Exchange | Advises you when the purchase is ready to become legally binding |
| Completion | Transfers the purchase money and confirms when you can collect the keys |
| After completion | Pays applicable tax, registers your ownership and records the lender's charge |
What Does a Solicitor Check When Buying a Property?
A solicitor checks whether the seller owns the property and whether there are legal problems that could affect your purchase or use of it.
They will usually review:
- The seller's ownership
- The title register and title plan
- Property boundaries
- Rights of way and access rights
- Restrictive covenants
- Charges or mortgages secured against the property
- Planning restrictions and other legal limitations
- Rights relating to drainage, access roads and utilities
- Whether the property is freehold or leasehold
- Information in the seller's property forms
- Whether the contract reflects the agreed purchase
The sale contract may cover the price, boundaries, fixtures and fittings, restrictions, rights, planning matters, services and proposed completion date.
A solicitor does not normally assess the physical condition of the building. That is the surveyor's role. A mortgage valuation is also different from a home survey and may not identify every defect.
What Property Searches Does a Solicitor Arrange?
A solicitor orders searches to identify risks that may not be obvious when you view the property.
The standard searches usually include:
Local authority search This can reveal planning permissions, building regulation matters, proposed roads, conservation areas and other council information.
Water and drainage search This checks matters such as connections to public water and sewerage systems.
Environmental search This can identify possible risks such as contaminated land, flooding, ground stability and other environmental issues.
The location and type of property may call for extra searches. These can include mining, flood, chancel repair, commons registration or infrastructure searches.
GOV.UK identifies local authority, water and drainage, and environmental searches as usual parts of the buying process. Buyers commonly pay search fees upfront.
What Are Legal Enquiries?
Legal enquiries are questions sent to the seller's solicitor after the title documents, searches and property forms have been reviewed.
Your solicitor may ask about:
- Missing documents
- Planning permission and building regulation certificates
- Extensions, loft conversions and other alterations
- Rights of way and shared access
- Boundary disputes
- Previous flooding or contamination
- Guarantees and warranties
- Responsibility for private roads or drainage
- Fixtures and fittings included in the sale
- Leasehold service charges and planned major works
The solicitor assesses the replies rather than simply passing them on. If an answer creates a legal or financial risk, they may ask for further evidence, recommend an insurance policy, renegotiate a point or suggest specialist advice.
What Happens When Buying a Leasehold Property?
For a leasehold flat or house, the solicitor checks the lease as well as the property title.
Important points include:
- The years remaining on the lease
- Ground rent and how it can increase
- Service charge amounts and payment arrangements
- Planned major works
- Restrictions on subletting, alterations or keeping pets
- Transfer and administration fees
- The freeholder and managing agent
- Repair and insurance responsibilities
- Disputes or arrears affecting the building
Leasehold purchases often involve extra work and can take longer than freehold purchases. Government guidance also warns that some lenders are reluctant to lend on properties with fewer than 80 years remaining on the lease.
A short lease can affect mortgage availability, resale value and the cost of extending the lease. Ask your solicitor to explain the position before you exchange contracts.
Does the Solicitor Arrange Your Mortgage?
Your solicitor usually deals with the legal requirements of the mortgage lender if the firm is approved by that lender.
They may:
- Review the mortgage offer
- Check the lender's conditions
- Carry out searches required by the lender
- Register the lender's mortgage charge
- Obtain the mortgage funds for completion
- Report title problems to the lender
Before instructing a firm, check that it is on your lender's approved panel. If it is not, you may have to pay for a second solicitor to act for the lender. That can increase the cost and cause delays.
MoneyHelper lists lender-panel approval as one of the questions buyers should ask a conveyancer.
Why Does the Solicitor Ask for Identification and Bank Statements?
Property solicitors must verify your identity and check the source of the money being used for the purchase.
You may need to provide:
- A passport or driving licence
- Proof of address
- Bank statements
- Payslips or savings evidence
- Inheritance or probate documents
- Details of a family member providing gifted funds
- Identification and source-of-funds evidence from the person giving you money
These checks are anti-money-laundering requirements. They do not, by themselves, mean that you are suspected of wrongdoing. The Solicitors Regulation Authority states that solicitors must confirm identity and check the source of funds involved in legal transactions.
Send the documents promptly. Delays with identity or source-of-funds checks can stop the purchase from progressing.
What Does the Solicitor Do Before Exchange of Contracts?
Before exchange, your solicitor should:
- Review the contract and title.
- Receive and assess the search results.
- Raise and resolve legal enquiries.
- Check the mortgage offer and lender conditions.
- Confirm the agreed price and what is included.
- Explain important legal risks.
- Calculate the money needed from you.
- Agree a completion date with the seller's solicitor.
- Confirm that you are ready to make a binding commitment.
An offer is generally not legally binding in England and Wales until contracts are exchanged. Either side can usually withdraw before exchange, although you may lose money already spent on searches, surveys and other professional services.
Your solicitor should not exchange contracts simply because the estate agent or seller is applying pressure. You should be satisfied with the survey, searches, contract, mortgage and legal enquiries first.
What Happens When Contracts Are Exchanged?
At exchange, the buyer's and seller's solicitors exchange signed contracts. The purchase becomes legally binding and the completion date is confirmed.
After exchange:
- You are committed to buying the property.
- The seller is committed to selling it.
- Pulling out can lead to financial penalties and other claims.
- You should have suitable buildings insurance in place.
- You normally cannot renegotiate because you have changed your mind.
GOV.UK describes exchange of contracts as the point at which the agreement becomes legally binding.
What Does the Solicitor Do on Completion Day?
On completion day, your solicitor:
- Receives your mortgage funds and remaining purchase money.
- Transfers the money to the seller's solicitor.
- Receives confirmation that completion has taken place.
- Arranges for the keys to be released, usually through the estate agent.
- Confirms that ownership has passed to you.
Completion takes place when the purchase money is transferred and the seller's solicitor confirms receipt. You should not assume that the keys will be available first thing in the morning.
What Happens After Completion?
After completion, the solicitor usually:
- Pays Stamp Duty Land Tax in England and Northern Ireland, where applicable
- Files the relevant land transaction return
- Registers you as the owner
- Registers the mortgage lender's charge
- Deals with outstanding registration requirements
- Sends you the final legal documents when registration is complete
In England and Northern Ireland, an SDLT return normally must be filed within 14 days of completion, even if no tax is due. A solicitor or conveyancer will usually file the return and pay the tax for you.
The solicitor applies to HM Land Registry to update the ownership record. HM Land Registry records ownership and registered charges such as mortgages. Registration applications can take time to complete.
What Does a Property Solicitor Not Do?
A conveyancing solicitor usually does not:
- Carry out a full building survey
- Guarantee that the property is structurally sound
- Value the property for you
- Approve your mortgage
- Negotiate the commercial price in the same way as an estate agent
- Inspect every part of the property
- Confirm that every planning or building defect is physically harmless
- Decide whether the property is a good personal or financial investment
Use the right professional for each issue:
| Issue | Appropriate professional |
|---|---|
| Legal title, contract and searches | Solicitor or conveyancer |
| Structural condition | Surveyor |
| Mortgage suitability | Mortgage adviser or lender |
| Tax planning | Tax adviser |
| Building defects | Surveyor or qualified contractor |
| Property price negotiation | Buyer, seller and estate agent |
How Much Does Conveyancing Cost?
Conveyancing costs normally have two parts:
- Legal fees, paid to the solicitor or conveyancer
- Disbursements, which are payments to third parties such as search providers and HM Land Registry
A quote may also include:
- Search fees
- Land Registry fees
- Bank transfer fees
- VAT
- Stamp Duty Land Tax or another property tax
- Leasehold fees
- Mortgage administration work
- Indemnity insurance
- Telegraphic transfer charges
- Extra work for gifted deposits, shared ownership or unusual titles
MoneyHelper reports that conveyancing quotes can range from around £800 to more than £2,000, depending on the transaction and what is included. It recommends comparing the total cost, including VAT and disbursements, rather than the headline legal fee alone.
Ask for a written quote that separates:
- The solicitor's legal fee
- Estimated disbursements
- VAT
- Leasehold or mortgage supplements
- Circumstances that could trigger extra charges
What Should You Send Your Solicitor?
Prepare these documents early:
- Proof of identity and address
- Mortgage offer, if available
- Evidence of your deposit
- Bank statements showing the source of funds
- Gifted deposit declaration, if relevant
- Details of any Help to Buy or Lifetime ISA funds
- Your preferred completion dates
- Information about whether you are selling another property
- Details of any joint buyer
- Concerns about boundaries, access, extensions or the seller's statements
Tell the solicitor promptly if:
- Your source of funds changes
- A family member starts contributing money
- Your mortgage offer changes or expires
- You discover a physical or legal problem
- You plan to rent out the property
- You need the property for a specific use
- Your personal circumstances change