Associate Pam Kamel, in our Residential Property team, answers some of the most common questions property sellers and buyers have regarding the conveyancing process.
What is ‘conveyancing’?
Conveyancing is the legal process of transferring the ownership of a property from one party to another. It ensures that the person the property is being transferred to secures legal title to the land, that the person who makes the transfer is entitled to do so, and that all the necessary obligations, such as paying Stamp Duty Land Tax (SDLT) and registering the property with the Land Registry, are fulfilled. In England, conveyancing is typically carried out by a solicitor or licensed conveyancer who acts on behalf of those involved.
How do I choose a solicitor or conveyancer?
It is always a good idea to seek any recommendations from family members, friends or colleagues who live locally, while platforms such as Google Reviews and Review Solicitors also allow you to learn about others’ experiences of a particular firm. First impressions can never be repeated. It is important that you can speak to an experienced solicitor or conveyancer when obtaining an estimate and that this is accurate, easy to understand and received promptly. How well things are handled at this early stage is likely to reflect the level of service and the overall experience that you can expect throughout your move, and this may help you to decide whether you feel that you would be in safe hands.
Why does a solicitor or conveyancer need to see identification and copies of bank statements?
In compliance with the Money Laundering, Terrorist Financing and Transfer of Funds Regulations, solicitors or conveyancers are required by law to perform these checks. If an adviser is not satisfied that they can identify their would-be clients or regarding the source of funds and the source of their wealth, the transaction cannot proceed.
How much does conveyancing cost?
Conveyancing costs will vary based on the type of property being bought or sold, its value and the complexity (for example, conveyancing costs for leasehold properties are higher) of the transaction. The saying “you get what you pay for” has never been truer than in the case of conveyancing and it is inadvisable to base any decision solely on price. At first glance some conveyancing quotes may appear cheaper than they actually are, with hidden or additional fees added at a later date, or additional fees included within quotes; for example, for dealing with submission of an SDLT return, registration at the Land Registry and identity checks. Other firms will quote one wholistic fee to encompass all of these matters. Be comfortable that you are comparing like for like when making a final decision, and that any quote includes a comprehensive breakdown of both fees (the amount charged by the conveyancer or solicitor for their services) and disbursements (costs paid on your behalf, including property search fees, registry fees and Stamp Duty (SDLT)). Given the importance of any property sale or purchase, and the potential risks involved, using an experienced solicitor or licensed conveyancer at a reputable firm is recommended.
What is Stamp Duty Land Tax (SDLT) and when is it payable?
SDLT is a tax imposed on buyers by the government for property purchases above certain price thresholds. As of changes introduced in April 2025, the standard tax-free allowance is £125,000, meaning that a buyer does not pay SDLT on this initial portion of a property’s value. However, the final amount payable is determined by the purchase price and a buyer’s status - specifically whether they qualify for first-time buyer relief or are subject to the higher surcharge for additional properties (for example, if purchasing a second home, or a property as an investment or on a buy to let basis). SDLT is payable upon completion. Your solicitor or conveyancer pays this tax on your behalf and will need to receive payment of this prior to completion in line with mortgage lender obligations.
Will I have to pay Capital Gains Tax when I sell my home?
Individuals usually do not have to pay Capital Gains Tax (CGT) when selling their home because of a relief known as Private Residence Relief (PRR). Currently, to qualify for full relief, a property must have been the seller’s only or main residence for the entire time they owned it, and they must not have used any part of it exclusively for business or let it out (though having a single lodger is typically permitted). However, if the property was a second home, was rented out for a period, or if the seller has lived away from it for a long time, they may be liable for tax on a proportion of the profit that exceeds your annual exempt amount - which for the 2025/26 tax year is £3,000. It is advisable to seek expert advice from a solicitor in relation to CGT.
Can I sell my property if I still have a mortgage?
Yes. The solicitor or conveyancer will arrange to clear the mortgage using the relevant proceeds from the sale of a property. If the seller is purchasing another property, in many cases an existing mortgage may be portable.
When should I contact a solicitor or conveyancer?
It is advisable to contact or indeed instruct a solicitor or conveyancer as early as possible - ideally before you make or accept an offer - to help avoid delays and ensure a smoother process. A solicitor or conveyancer will provide a no obligation quote at any stage, and it is always a good idea to seek comparative quotes from at least two firms.
How long does the process take?
Typically, the entire process takes an average of 8 - 12 weeks, but it can be faster or slower depending on a range of factors, including the complexity of the transaction and the length of any property chain.
What are ‘disbursements’?
Disbursements are standard out of pocket expenses, separate from the legal advisor’s professional fees, that a solicitor or conveyancer pays on behalf of the client to third party services providers. This can include expenses for property searches, Land Registry fees, payment of SDLT and local authority searches.
What searches does a solicitor or conveyancer carry out?
Standard searches include local authority searches, environmental searches, drainage and water searches, and Land Registry checks. The solicitor will report on issues such as flood risks, planned local developments, or boundary disputes. The majority of searches will take up to 28 days.
What is the difference between being ‘joint tenants’ and ‘tenants in common’?
A joint tenancy (being joint tenants) is a type of ownership in which each person owns a 100% stake in the property. This means you can’t leave your share of the property to a third party in your Will. If either of you die the property will automatically pass to the other co-owner. This type of ownership is normally favoured by couples who are married or in long term relationships, as well as family members. The benefit to a joint tenancy is that it is the most simplistic form of property ownership. All parties will have equal rights. The downside is that if a relationship breaks down and when the property is being sold the proceeds will be split 50/50 irrespective of who paid what in the first instance or during the ownership of the property.
A tenancy in common (being tenants in common) may be used if you are buying with a friend or sibling, or your partner. You can nominate different shares of the property, for example 70/30, if required. This tends to be nominated when one party is investing more upfront, towards the deposit for example. An individual may want to protect the money they have contributed “to the pot”. The important point to remember here is that the property doesn’t automatically go to the other owners if you die, unlike with joint tenancies. You can pass on your share of the property in your Will.
What is the ‘chain’?
A property chain is simply a sequence of linked property transactions, each dependent on the other. For example, if a buyer was purchasing a property from a seller not purchasing another property, the chain would be a short and simple one. If a succession of buyers were all also purchasing new properties, a longer and more complicated chain may be formed. If a chain breaks down, this can result in a significant delay, a sale or purchase to fall through and/or potentially increased costs.
What if there is a delay in the process?
Unforeseen delays can happen for reasons including issues with surveys, delays relating to a mortgage, a change in circumstances affecting one or more parties and complications in the chain. A solicitor or conveyancer will work to reduce the likelihood and impact of any delays and keep their client(s) informed at every stage of the process.
What is ‘gazumping’?
The term refers to when a seller accepts a higher offer from another party after accepting an initial offer from a potential buyer but before contracts are exchanged.
Do I need to have a survey?
If you are buying a property with a mortgage your lender will normally require a valuation survey which is for the lender’s benefit and different to a structural building survey for the buyer’s benefit. It is always sensible to have your own independent survey completed and your solicitor or conveyancer can recommend a suitable local surveyor. However, there is no legal obligation to have a structural survey carried out.
When do I need to transfer funds to my solicitor or conveyancer?
A buyer will normally need to transfer at least 10% of the purchase price to their solicitor or conveyancer prior to exchange, to ensure that the transaction can proceed. For those selling and buying at the same time, funds from the sale of a property can typically be relied upon. The remaining sum will be due to their solicitor or conveyancer between exchange and completion.
What is the difference between exchange and completion?
Exchange is the stage at which contracts relating to the sale or purchase of a property are exchanged between the seller’s and buyer’s solicitors and the transaction becomes legally binding. This normally takes place one to two weeks before the transaction is due to be completed and upon exchange, a completion date will contractually be agreed between the seller and buyer. At this point, the completion date is no longer negotiable and becomes fixed. Completion is then the point at which funds are transferred, the ownership of the property changes and keys are handed over to the buyer. It must take place on a weekday, when offices and banks are open.
Can I exchange and complete on the same day?
Whilst uncommon and not preferable, for a number of reasons, it is technically possible to both exchange and complete on the same day. This is known as a simultaneous exchange and completion and is more common where no chain and a cash buyer are involved, or where a Seller is very unwell to minimise any risk of time between exchange and completion, should their health continue to deteriorate.
Can I pull out after the exchange of contracts?
As above, once contracts are exchanged a transaction becomes legally binding. As such, any party pulling out at this stage will face a financial penalty for doing so.
What is the role of the Land Registry?
The Land Registry is responsible for recording the legal ownership of property. It is an important step in protecting an owner’s legal rights to the property and a solicitor or conveyancer will register the transfer of ownership with the Land Registry upon completion.
Our Residential Property team can help and advise on all aspects of residential property.
For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
