Question 1

How many stages are in the conveyancing process?

Accepted Answer

The three main stages of the conveyancing process are:

    Mortgage Secured

Once you've found a property, with or without the help of a local estate agent, instructed a conveyancing solicitor, and your offer has been accepted, you'll need to secure a mortgage offer. This is the first major step to making your purchase happen, as it means you've got the funds to buy your new home. 

    Exchange contracts

To reach exchange, you'll have to go through surveys, searches, draft contracts and enquiries. This must be done thoroughly, and it's important not to cut corners as you could miss big red flags. If these are discovered after the exchange, you'll be stuck with them as you're legally bound to honour the contract (or forfeit your deposit); you can't negotiate on the purchase price after the exchange.

    Completion date

Getting from exchange to completion is the busiest time for you. You'll be purchasing insurance, packing, arranging movers and finalising paperwork ready for the big day.

Question 2

How long is conveyancing taking at the moment?

Accepted Answer

It usually takes around 8-12 weeks, but it can then take a lot longer for the new owners to be registered at the Land Registry due to delays which are being addressed. We break down each stage of purchase and how long they can take (and how to speed them up) in our article: How long does it take to buy a house?

Question 3

Can conveyancing be done in 3 weeks?

Accepted Answer

As a cash buyer, you might be able to complete in 3 weeks. This is because you're not waiting for mortgage funds or legally required to get property searches. However, trying to speed up the conveyancing process might cause you to miss defects to the property.
If you're buying with a mortgage, this timeframe is more challenging, especially if you're involved in a property chain. The standard conveyancing timeline is 8 to 12 weeks.
After property transactions are completed, the buyer's conveyancer must still register the new ownership with HM Land Registry. This can take much longer, which is usually only an issue if you're in a hurry to extend the lease formally.

Question 4

Why are there so many stages in the conveyancing process?

Accepted Answer

Each of the stages addresses various risks involved when buying a property. These include:

    ID checking - who are you? A solicitor needs to check your ID to know who you are.
    Deposit - A conveyancing solicitor must check the proof of the funds you use to buy the property.
    Mortgage - informal decision in principle, mortgage in principle, valuation and then final mortgage offer.
    Survey - is the property physically in good condition with no damp, subsidence, infestations or other defects?
    Legal - property can date back to medieval times, so what is included in the freehold title and (if applicable) lease you are buying? This article explains the wide variety of legal issues that can cause you a headache when buying a house or a flat.
    The chain - the person you are buying from and their onward purchase- also has all of the above issues to overcome. Shorter chains are more straightforward than longer chains. Read more about the chain and how it affects the conveyancing steps.

All of the above conveyancing steps could stop you from buying the property. With different stages ticked off by several third parties (surveyor, broker, agent, lender, freeholder), you can see why it can take time to get all the steps ticked off.

Question 5

Step-by-step conveyancing process explained:

Accepted Answer

ID Checks 
    
    
        Solicitors must know who you and the other parties are. You'll need to show them your passport or driving licence and two different proofs of address. They'll carry out a Lawyer Checker search if they've never dealt with a seller's solicitor before to ensure that they're safe to pass over the buyer's money. 
         Conveyancing fraud is on the increase and cyber-criminals are often ahead of the game, with online crime resulting in more than £1 billion in funds being stolen every year.
    


    
        Proof of Funds 
    
    
        The buyer must prove that their funds come from a legitimate source such as savings, inheritance or a sale of an asset. A solicitor could face jail terms and unlimited fines if a property is bought with the proceeds of crime and they didn't carry out sufficient due diligence. 
         For mortgage buyers, further evidence of funds is a mortgage in principle; this increases the likelihood of having your offer accepted. (You'll need to book in your lender's valuation survey as the next step in securing your final mortgage offer which you'll need before exchange).
    


    
        Survey and Conveyancing Searches 
    
    
        
            Get A RICS property surveyor to inspect the dwelling you're looking to buy for suspicions of any serious property defects, such as subsidence and rising damp (not the same as your lender's valuation) and
            Get property searches that give you and your solicitor critical information about the land and surrounding area on which the property is built. For example, a water and drainage search or an environmental search.
        
        These are short reports drawn from data held by local authorities, the Department for Environment, Food and Rural Affairs and other public bodies. To examine risks and problems such as: 
        
            The area is due to be mined
            The area is known to be on contaminated land
            The area is subject to flooding
            The properly isn't on mains water and drainage.
        
        
        
Your mortgage company will usually require you to buy four of these property searches, but even as a cash buyer, they are advisable. If you later sell to a mortgage buyer, they'll have to get searches.
        If these searches reveal that your home is built in a radon-affected area, this poses a serious threat to your health and might make it difficult to sell.
        You can order these property searches any time from the day you instruct your solicitor. The Local Authority Search can take a few weeks, so if you'd like a faster completion, please order it early.
        If you're concerned about the seller pulling out, you may choose to wait at least until the contract pack is sent through - which makes the exchange more likely.
    


    
        Contracts & Enquiries
    
    
        In the solicitor process for buying a house, this is when the seller's conveyancer has sent the draft contract pack. The buyer's solicitor inspects all the documents in it along with the property information form, fittings and contents form, survey report and searches, then raises further enquiries if necessary.
         The buyer can raise any personal enquiries via their solicitor. The seller's solicitor gives answers where possible, which might require additional feedback from the seller, which may then result in further enquiries until the buyer's solicitor is satisfied.
    


    
        Exchange of Contracts
    
    
        At this stage of the solicitor process for buying a house, both seller and buyer sign the contracts (with witnesses) and are legally obliged to complete the sale/purchase. You can be sued for any number of costs if you don't.
         The buyer hands over the deposit, and their conveyancing solicitor transfers it to the seller's solicitor's bank account - a minimum of 5% of the selling price. You must complete to avoid losing the deposit and risk being sued, as stated. For more information, read our article about pulling out after exchange of contracts.
    


    
        Completion
    
    
        Completion is the conveyancing process step you'll most look forward to: it's when the seller gets paid, and the buyer can move in!
        
        The buyer should book removals for the completion day on the exchange day. 
        
        
        The money has to be in place and sent correctly by the agreed date and time for the buyer to pick up the keys from the estate agent.
    


    
        Post Completion
    
    
        This conveyancing procedure step is strictly conducted by the property lawyers alone. The buyer's solicitor satisfies the legal duties required by HMRC and the Land Registry.
        
        You will have provided any stamp duty owed; your solicitor wires this money across to HMRC. You'll also have provided funds to register your new ownership with the  Land Registry 
        
        
        There's a backlog of 6 months or more before the register is officially updated.

Question 6

How long between exchange of contracts and completion date?

Accepted Answer

You can set a completion date from the same day as the exchange up to several months later, as long as it is agreed between the buyer, seller and lender (and Lenvi if you're selling your Help to Buy home). People looking for a quick exchange often choose three days rather than same-day completion as it gives them a little time to pack and draw down funds. However, many mortgage lenders take five days to release the cash for your purchase, and this leaves you very little time to get everything else done.

Question 7

When do you sign the mortgage deed?

Accepted Answer

The mortgage lender will send your solicitor a mortgage deed with their formal offer; your solicitor will tell you when it's time to sign the legal documents; this usually happens at the exchange of contracts.

Question 8

Conveyancing Process Step by Step Diagram and Time Scales

Accepted Answer

We explain the conveyancing process, step by step, in the diagram below:

Question 9

Should I use a conveyancer recommended by the estate agent?

Accepted Answer

No. Estate agents act for the seller. It would be best to choose a conveyancer who is entirely independent of the seller and their agent. A regular referral or recommendation between agent and solicitor may be a conflict of interest. 
While you and your seller are working together, you are on opposite sides of the transaction, and you need to know that your solicitor is in your corner and has no loyalty to the other side's estate agent.

Question 10

Should I send the survey to my solicitor?

Accepted Answer

Yes, you should send the solicitor a copy of your survey report. The report will include important information  regarding the condition of the property and any defects on which they might need to obtain further clarification.

Conveyancing Process

Instruct your solicitor

Mortgage and deposit

House survey

Conveyancing searches

Contracts and enquiries

Exchange of contracts

Completion

Post completion

What are the steps in the conveyancing process?

Are the conveyancing steps different for leaseholds?

How can we help?