FAQs

The legal process for the buying and selling of property (conveyancing) should start from the moment an offer is accepted on a property. At this point it is important to find and instruct your conveyancing solicitor who will start the process for you by sending you out initial paperwork to complete. We have a full guide to break down the buying and selling conveyancing process. Click here to view.

On average the time it takes to complete a property sale from instructing your solicitor offer to completion is around 8-12 weeks. Many factors affect the timescales and as a result the process can take less or more time than this. Your conveyancing solicitor will keep you up to data on any and all progress with any specific issues highlighted as they occur.

To keep the process moving as quickly as possible it is important to choose the right conveyancer with a proven track record and also provide all requested information and supporting documents soon as possible.

In cases where transactions are dependent on long chains further complexities and variables can occur which may affect the time lines. In these cases, where factors may be out of your control, it may add to the timeline however ensuring there is good communication between all parties in the chain to resolve and issues that arise the process should incur minimum disruption.

It will help you know some common reasons of what can slow the process so you can prepare and anticipate. Here is a list of some scenarios that may cause delays:

• The mortgage process can suffer from delays for many reasons such as rules on compliance, requests from underwriters, home surveys and issues with titles
• Ensuring that all parties are returning completed paperwork and any supporting documentation promptly will not be in your control and may cause delays
• Providing documents may not always be a simple task. Examples may be past planning applications, building control signoffs, FENSA certificates for windows
• Once your offer is accepted it may be the case that the sellers will use this point to start looking for their onward purchase. This would mean that you may have to wait until they find a property and have their offer accepted
• A chain occurs when there are multiple transactions dependent on one another. One issue in any part of the chain can cause a delay for all parties or even threaten derailment
• If the property you are purchasing is unregistered it may cause a delay as much as 10 - 12 weeks due to the registration process
• If the property is being sold as part of an estate that is being broken up or if someone has died and probate is required there are more processes to run through which may impact the timelines

Transactions that require a mortgage will necessitate a mortgage survey and in addition a buyer may commission their own surveyor to conduct a full home buyer’s report. Both surveys will require access to the property.

When buying and selling a property you will be asked to pay for disbursements. Disbursements are for items provided by the solicitor that do not come under the solicitor’s own fees and charges.

Examples will be fees paid to the Land Registry for home sellers or to Local Authorities and Water companies for local searches. Your solicitor will itemise disbursements on their bill and collect the payment from you upon completion or by using the initial funds provided to them following instruction.

Search turnaround times can vary depending on the Local Authority. Searches usually take any time from one to six weeks to complete.

Local Authority searches are a mandatory part of the home buying process and are also required by mortgage companies. Information that the searches reveal can provide you with reason to renegotiate the initial accepted priced and in some cases may even make you decide to cease the purchase.

Local Authority searches come in two parts. Firstly the LLC1 (Local Land Charge Register search) reveals any restrictions or current charges in relation to the land or property. Charges or restrictions can include whether the property is in a conservation area, a listed building or subject to a tree protection order. The LLC1 also searches for any planning consents for future works.

The second part is the CON29 which provides information relating to public highways, proposals for new roads, rail schemes or planning decisions that could affect the property. Outstanding statutory notices, breaches of building regulations or the existence of a compulsory purchase order are also revealed here. Environmental considerations are also searched for which will highlight if the property lies on contaminated land.

The water and drainage search checks whether foul and surface water drains to a public sewer or if this will be the private responsibility of the property owner. In the case of the latter your solicitor will need to obtain evidence of how this is done and of the costs as there may be a septic tank or cesspool for sewerage and you will need to consider if you are happy to manage and maintain the installed methods.

The water and drainage search will also reveal if the property is connected to mains water and the classification of the mains water in terms of softness or hardness.

The local water authority for the property will be declared in the water and drainage search and once you have purchased the property you will need to get in touch with the local water authority to confirm your ownership and to arrange billing methods and payments of fresh and waste water supply services.

One of the more intricate areas of the water and drainage search is whether there are public sewers, mains pipes or drains within the boundary of the property. If this is the case it may highlight further investigations that you may wish to undertake concerning:

• If the property has been built on 1 July 2011 or after it will be the home-owner’s responsibility to maintain them and you may want to inspect the condition of any sewers, mains pipes or drains in the property before committing to the purchase.
• If the property was built before this date the water company may have rights to access the land to get to the pipes. This means that you will need them to be accessible and not obstructed by additional building works that may not have not factored this requirement in.

HM Land Registry is a non-ministerial department that registers the ownership of land and property in England and Wales. Property owners are provided with a land title guaranteed by the government in addition to a title plan that highlights the property boundary.

Once the property is entered into the register the Land Registry officially records any changes of ownership, mortgages or leases affecting it.

When you purchase a property from a seller the Land Registry charges a fee to transfer the ownership on the official register into your name. The fee charged is dependent on how much the property is sold for. Homes sold for between £100 001 and £200 000 are charged a fee of £200 and those sold between £200001 and £500000 will need to pay £300.

Stamp Duty in is a form of tax a form of tax charged to property purchasers when buying a property. The amount of Stamp Duty paid is dependent on individual circumstances including the property value, whether property is a first time purchase or whether the purchase will result in more than one property being owned.

The full stamp duty will be displayed on your quote.

If aspects come up during the transaction that are not part of a usual conveyancing transaction then there may be extra fees payable and a list of all extras will come out to you with your letter of engagement when a firm is instructed.

Any findings are reported back to the sellers solicitor and reported to the seller. From here the buyer may need more time for further investigation or they may choose to accept. It is possible that a buyer may use any arising issues to re-negotiate the price and if this is the case your solicitor will keep you fully informed and advised.