Conveyancing When Buying a House
Legal Support Throughout Your House Purchase
Buying a house involves much more than agreeing a price and arranging a mortgage. Before you become legally committed to the purchase, your conveyancer needs to investigate the property, check its legal title, carry out appropriate searches and make sure you understand any rights, restrictions or other matters that could affect your ownership.
Whether you’re moving home, buying your first property or purchasing without a mortgage, choosing an experienced conveyancer can help keep the legal process moving and identify potential issues before you exchange contracts.
At Trusted Conveyancers, we’ve done the hard work, so you don’t have to, helping you find carefully selected conveyancing firms you can use with confidence.
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What Does a Conveyancer Do When You Buy a House?
Your conveyancer handles the legal work required to transfer ownership of the house from the seller to you.
Once your offer has been accepted and you have instructed them, they will contact the seller’s conveyancer and obtain the contract pack and supporting legal documentation.
They will then investigate the property, review the title, arrange appropriate property searches and raise enquiries about anything requiring further information or clarification.
Before exchange, they will report to you on the property and explain the important legal matters you need to understand.
Once you are ready to proceed, your conveyancer deals with exchange of contracts, completion and the legal work required to register your ownership after the purchase.
For a broader overview of the legal process when purchasing property, visit our Buying Conveyancing guide.
The Conveyancing Process When Buying a House
Although every purchase is different, most house purchases follow a similar legal process.
Stage |
What Happens |
|---|---|
|
Offer Accepted |
The estate agent confirms the agreed sale and sends details of the transaction to the conveyancers. |
|
Instruct Your Conveyancer |
You complete identification and initial checks and provide information about your purchase and finances. |
|
Contract Pack Received |
The seller’s conveyancer provides the draft contract, title information and supporting documents. |
|
Title Investigation |
Your conveyancer reviews the legal title and other documentation relating to the property. |
|
Searches & Enquiries |
Appropriate property searches are carried out and enquiries are raised with the seller’s conveyancer. |
|
Mortgage & Final Checks |
Your mortgage documentation is considered and any remaining legal issues are dealt with. |
|
Report & Signing |
Your conveyancer reports to you and arranges for the necessary documents to be signed. |
|
Exchange of Contracts |
The transaction normally becomes legally binding and a completion date is agreed. |
|
Completion |
The purchase money is transferred and you can normally collect the keys. |
|
After Completion |
Your conveyancer deals with relevant tax and registration requirements. |
If this is your first property purchase, our First-Time Buyer Conveyancing guide explains the process and some of the additional questions first-time buyers commonly have.
What Does Your Conveyancer Check When Buying a House?
A house can look perfectly straightforward when you view it while still having legal matters that need to be investigated.
Your conveyancer’s job isn’t to assess the physical condition of the building. Instead, they investigate the legal aspects of the property and your purchase.
What Is Checked? |
Why It Matters |
|---|---|
|
Legal Title |
Confirms the seller’s ownership and identifies matters affecting the property. |
|
Property Boundaries |
The title plan and documentation help identify the extent of the registered property. |
|
Rights of Way |
The property may benefit from or be subject to rights allowing access over neighbouring land. |
|
Restrictive Covenants |
Restrictions may affect how the property can be used or altered. |
|
Access |
Your conveyancer considers whether the property has the necessary legal rights of access. |
|
Services & Drainage |
Your conveyancer considers relevant legal arrangements and search information relating to services and drainage. |
|
Planning & Building Regulations |
Documentation may be required for extensions, alterations or other relevant works. |
|
Mortgage Requirements |
If you’re borrowing, your conveyancer must also consider your lender’s legal requirements. |
The precise investigation will depend on the house you’re buying and what the legal documents and searches reveal.
Property Searches When Buying a House
Property searches form an important part of many house purchases.
They provide information that may not be apparent from viewing the property and can help identify matters that require further investigation before you become legally committed.
Common searches can include:
Local Authority Search
Provides information held by the local authority relating to matters such as certain planning and building regulation records, local land charges and road information.
Drainage & Water Search
Provides information about water and sewerage arrangements and certain public drainage infrastructure affecting the property.
Environmental Search
Can provide information relating to environmental matters such as contaminated land and other risks covered by the particular report.
Additional searches may be appropriate depending on the location and circumstances of the property.
Your conveyancer will review the results alongside the title and other legal documentation and raise further enquiries where necessary.
House Conveyancing and Property Surveys Are Different
This distinction is particularly important when buying a house.
Your conveyancer investigates the legal position affecting the property. A property survey considers its physical condition.
Conveyancing |
Property Survey |
|---|---|
|
Investigates the legal title |
Examines the physical condition of the property |
|
Reviews rights and restrictions |
May identify defects and repairs |
|
Includes appropriate legal searches |
Considers the condition of the building |
|
Raises legal enquiries |
May highlight maintenance issues |
|
Deals with contracts and ownership |
Helps you understand the physical condition |
|
Does not replace a survey |
Does not replace conveyancing |
A mortgage valuation is different again. It is primarily carried out for the mortgage lender’s purposes and should not automatically be treated as a detailed survey of the property’s condition.
Buying a Freehold House
When buying a house, one of the important legal distinctions is whether the property is freehold or leasehold. Many houses in England and Wales are sold freehold.
Buying a freehold house means you are purchasing the property and the land included within its freehold title rather than acquiring a lease for a specified period.
However, freehold does not mean there can be no legal restrictions, rights or ongoing obligations affecting the property.
Your conveyancer may still need to investigate:
- restrictive covenants
- rights of way
- shared driveways or access
- private roads
- drainage arrangements
- boundary information
- obligations relating to neighbouring property
- estate or management charges where applicable
This is why the legal title still needs to be properly investigated even where the house appears to be a straightforward freehold property.
Boundaries: What Are You Actually Buying?
Boundaries are one of the areas buyers often expect their conveyancer to confirm precisely.
Land Registry title plans generally show the extent of registered land, but buyers shouldn’t automatically assume that a title plan establishes the exact position of every physical boundary on the ground.
Fences, walls, hedges and other physical features may not always correspond exactly with what you expect from looking at the title plan.
If a boundary is particularly important to you, perhaps because you intend to extend the property, replace fencing or there appears to be a discrepancy, tell your conveyancer before exchange.
They can consider the legal documentation and advise whether anything requires further investigation.
A conveyancer is unlikely to know that something looks unusual on the ground unless you tell them what you have seen.
Rights of Way and Shared Access
Some houses depend on rights over neighbouring or shared land.
For example, a property might:
- use a shared driveway
- have pedestrian access over neighbouring land
- require access to a rear garden
- share a private road
- have services running through adjoining property
Your conveyancer considers the title documentation to establish the relevant legal rights and obligations.
The fact that an access has always been used in practice does not necessarily answer every legal question about the right to use it.
If access, parking or a shared driveway was an important reason for choosing the property, tell your conveyancer so they know it matters to you.
Restrictive Covenants When Buying a House
A restrictive covenant is a legal restriction that can affect how land or property may be used.
Depending on the title and the wording of the covenant, restrictions might relate to matters such as alterations, extensions, business use or particular activities at the property.
Not every covenant will cause a problem.
Some may be historic, some may have little practical impact on your intended use, while others may require closer investigation.
Your conveyancer will consider relevant restrictions contained in the legal title and explain matters that you need to understand before proceeding.
If you already have plans for the house, tell your conveyancer. A restriction that means very little to one buyer could be highly relevant to another who intends to extend, alter or use the property differently.
Extensions, Loft Conversions and Alterations
If the house has been extended or significantly altered, your conveyancer may need to consider relevant legal documentation.
Depending on the work involved and the circumstances, this can include matters relating to:
- Planning Permission
Some works require planning permission, although others may be carried out under permitted development rights. - Building Regulations
Relevant building work may require building regulations approval and appropriate documentation. - Restrictive Covenants
Separate consent may sometimes be required under a covenant even where planning or building regulation requirements have been dealt with. - Other Consents
Additional requirements can arise depending on the property and the work carried out.
If you notice an extension, converted loft, garage conversion or other significant alteration when viewing the house, mention it to your conveyancer.
They can then compare what you have seen with the legal information supplied by the seller.
Buying a House With a Mortgage
If you need a mortgage to buy the house, your conveyancer will normally have responsibilities to both you and your mortgage lender.
The lender is taking the property as security for the mortgage and therefore has its own legal requirements that must be satisfied.
Your conveyancer will review the mortgage documentation and consider relevant matters affecting the property in accordance with the lender’s instructions.
If a legal issue is identified that may affect the lender’s security, further information or action may be required before the purchase can proceed.
This is why your conveyancer needs to know about your mortgage arrangements and why changes to your mortgage or lender should be communicated promptly.
What Happens if Your Conveyancer Finds a Problem?
Finding an issue during conveyancing does not automatically mean you should withdraw from the purchase.
Many issues can be explained, resolved or dealt with satisfactorily before exchange.
Depending on the problem, your conveyancer might:
Possible Action |
What It Means |
|---|---|
|
Raise Further Enquiries |
Ask the seller’s conveyancer for additional information or documentation. |
|
Request Missing Documents |
Obtain relevant certificates, consents or other paperwork where available. |
|
Seek Clarification |
Establish the legal position where information is unclear or inconsistent. |
|
Discuss With Your Lender |
Certain issues may need to be reported to your mortgage lender. |
|
Consider Insurance |
In some circumstances, an appropriate indemnity policy may be considered. |
|
Advise You of the Risk |
Explain the issue so you can make an informed decision about proceeding. |
Some matters are relatively minor. Others can affect the property’s value, your intended use or whether a mortgage lender is prepared to lend.
The important thing is to understand the issue before you become legally committed to buying the house.
When Should You Tell Your Conveyancer About Something?
As early as possible.
Your conveyancer receives legal documents and search results, but they haven’t necessarily visited the house and don’t know everything that was said during your viewing or negotiations.
Tell them if, for example:
- you believe a parking space is included
- you were told you have access over neighbouring land
- there is a shared driveway
- you intend to build an extension
- you noticed an existing extension or loft conversion
- the seller said certain land belongs to the house
- you expect a particular right of access
- anything else about the property is especially important to you
Never assume your conveyancer knows simply because the estate agent or seller knows.
When Are You Legally Committed to Buying the House?
In a standard property transaction in England and Wales, you normally become legally committed when contracts are exchanged.
Signing your contract beforehand does not normally mean you have exchanged contracts.
Before exchange, your conveyancer should have completed the necessary legal work and reported to you on the purchase. You should also have your mortgage arrangements and any other important matters in order.
Once contracts are exchanged, withdrawing from the transaction can have serious financial and legal consequences.
This is why you should raise any concerns about the house before authorising your conveyancer to exchange.
What Happens on Completion Day?
Completion is when the purchase is finalised and you become the new owner of the house.
Your conveyancer arranges for the required purchase money to be transferred to the seller’s conveyancer.
Once the seller’s conveyancer has received the completion funds and confirmed completion, the estate agent can normally be authorised to release the keys.
There is no universal time when this happens. Some purchases complete earlier in the day than others, particularly where transactions form part of a property chain.
After completion, your conveyancer deals with the necessary post-completion work, including registration of your ownership.
What Happens After You Buy the House?
Collecting the keys isn’t necessarily the end of your conveyancer’s work.
After completion, they may need to deal with:
- Property Transaction Tax
For a purchase in England, Stamp Duty Land Tax (SDLT) may apply. In Wales, Land Transaction Tax (LTT) applies instead.
Your conveyancer will deal with the relevant return and payment requirements where applicable. - HM Land Registry
Your conveyancer applies to register your ownership of the property with HM Land Registry. - Your Mortgage
Where you’re buying with a mortgage, the lender’s legal charge will normally also be registered against the property.
Land Registry registration can take place after you have completed and moved into the house. Completion and registration are separate stages of the process.
Common Mistakes When Buying a House
Common Mistake |
Why It Matters |
|---|---|
|
Waiting to Instruct a Conveyancer |
The legal work cannot properly progress until your conveyancer has been instructed. |
|
Assuming Searches Are a Survey |
Searches investigate legal and location information rather than the physical condition of the house. |
|
Not Mentioning Future Plans |
A covenant or other legal matter could affect how you intend to use or alter the property. |
|
Ignoring Boundaries or Access |
Something that looks straightforward during a viewing may need legal clarification. |
|
Assuming the Mortgage Valuation Is a Survey |
A lender’s valuation is primarily for the lender’s purposes. |
|
Sending Information Slowly |
Delays providing identification, funds information or documents can slow the transaction. |
|
Booking Everything Before Exchange |
Before exchange, the transaction isn’t normally legally binding. |
|
Not Asking Questions |
If you don’t understand something in your conveyancer’s report, ask before proceeding. |
How Long Does Conveyancing Take When Buying a House?
There is no fixed timescale that applies to every house purchase.
A relatively straightforward transaction may progress more quickly, while another can take considerably longer depending on the circumstances.
Factors affecting the timescale can include:
- how quickly the contract documentation is provided
- property search turnaround times
- mortgage arrangements
- enquiries raised during the legal investigation
- title issues
- missing documentation
- the length of the property chain
- how quickly everyone involved responds
Being organised and responding promptly to your conveyancer can help prevent avoidable delays, but some parts of the process are outside your control.
Buying a House: Quick Answers
Why Choosing the Right Conveyancer Matters
Buying a house can involve estate agents, mortgage lenders, surveyors and conveyancers all working towards the same transaction.
Good communication and proactive case management can make a significant difference, particularly when enquiries need resolving or you’re part of a property chain.
At Trusted Conveyancers, we’ve done the hard work, so you don’t have to. Rather than spending hours comparing firms yourself, we’ve carefully assessed the conveyancing firms we recommend based on communication, service standards, transparency and professionalism, so you can choose with confidence.
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Regular updates and responsive support help you understand how your purchase is progressing.
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