Conveyancing in England & Wales – What You Need to Know

What Is Conveyancing?

Conveyancing is the legal and administrative process of transferring ownership of a property from one person to another. It applies to:

• Freehold houses

• Leasehold flats

• New-build homes

• Shared-ownership properties

• Remortgages and transfers of equity

• Auction purchases and investment acquisitions

A legally compliant conveyancing process ensures that:

• The seller actually owns the property and has the right to sell.

• The title is free from defects, disputes, or undisclosed restrictions.

• All legal checks and searches identify risks such as planning issues, environmental concerns, flood risk, or restrictive covenants.

• Contracts are drafted and exchanged properly, protecting both parties.

• Funds are transferred securely via regulated client accounts.

• Stamp Duty, registration and post-completion obligations are handled correctly.

Without proper conveyancing, buyers and sellers risk financial loss, title disputes, future litigation, or regulatory issues.

The Conveyancing Process – Step by Step (Fully Explained)

1. Pre-Contract Stage (Due Diligence & Investigations)

This is the most investigative and legally intensive stage of conveyancing.

Key checks typically include:

Title Review

• Checking legal ownership at HM Land Registry.

• Verifying boundaries, rights of way, easements, covenants, mortgages, or charges.

• Confirming whether the property is freehold or leasehold.

Searches & Enquiries

Common searches include:

• Local Authority Search: planning permissions, building regulations, enforcement notices, compulsory purchase orders.

• Drainage & Water Search: connection to mains water/sewer, shared drains.

• Environmental Search: contamination risk, landfill proximity, ground stability.

• Flood Risk Search: fluvial, coastal, surface water flood mapping.

• Chancel Repair Search: historic liabilities to local churches.

• Land Charges Search: insolvency checks, restrictions, pending litigation.

For leasehold properties, solicitors also analyse:

• Lease terms (ground rent clauses, rent review mechanisms)

• Service charges & management accounts

• Fire safety and building compliance

• Management company rules and landlord obligations

Enquiries to the Seller

Solicitors raise detailed enquiries about:

• Property alterations

• Guarantees, warranties, planning history

• Insurance and building works

• Disputes with neighbours

• Fixtures and fittings

• Leaseholder-landlord correspondence

• Fire safety certificates, EWS1 (for relevant flats)

2. Drafting the Contract Pack

The seller’s solicitor prepares the core legal documents:

• The draft contract

• The Official Copy Entries (title deeds)

• Property Information Form (TA6)

• Fittings & Contents Form (TA10)

• Leasehold Information Form (TA7), if relevant

• EPC, warranties (NHBC), guarantees, FENSA certificates

The buyer’s solicitor reviews every document carefully and raises further enquiries as needed.

3. Exchange of Contracts

Once all investigations are complete:

• Both parties sign identical contracts.

• A completion date is agreed (legally binding once exchanged).

• The buyer pays the contract deposit, usually 10%.

After exchange:

• Neither party can withdraw without significant financial penalties.

• Buildings insurance usually becomes the buyer’s responsibility.

4. Completion (The Day Ownership Transfers)

This is when the legal ownership formally changes hands.

On completion:

• The buyer’s mortgage funds are requested and transferred.

• The seller’s existing mortgage is redeemed.

• Estate agents release keys.

• Legal ownership transfers instantly at the moment funds clear.

If a chain exists, completion must occur across multiple linked transactions simultaneously.

5. Post-Completion Stage (Final Legal Work)

After completion, essential legal steps follow:

• Submission of Stamp Duty Land Tax (SDLT) return

• Payment of tax to HMRC

• Registration of the buyer as the new owner at HM Land Registry

• Registering lender charges on the title

• Notifying management companies (for leaseholds)

• Updating records and ensuring compliance with leasehold obligations

Failure to complete these steps properly can lead to registration delays or legal disputes later.

Common Issues in Conveyancing (Fully Expanded)

Leasehold Complications

• High or doubling ground rent clauses

• Escalating service charges

• Non-compliant or missing fire safety documentation

• Delays from managing agents

• Disputes over service-charge history

• Defective leases requiring variation

Structural and Planning Concerns

• Unapproved extensions or loft conversions

• Boundary disputes

• Listed-building restrictions

• Article 4 directions affecting permitted development

Environmental and Legal Risks

• Flooding, subsidence or mining risks

• Contaminated land

• Shared private drainage or septic tanks

• Rights of light or restrictive covenants

Chain-Related Problems

• Delays in other linked transactions

• Buyer/seller withdrawing

• Funding issues elsewhere in the chain

Mortgage & Lending Issues

• Lender valuation disputes

• Conditions requiring repairs or reports

• Deposit source checks (anti-money laundering)

New-Build Complexities

• Tight completion deadlines

• Snagging issues

• Developer incentives

• Adoption of roads and services

Funds & Fraud Protection

Given the rise in conveyancing fraud, there are strict rules on:

• Identity verification

• Anti-money-laundering checks

• Secure client-account protocols

• Scam awareness and email-hacking prevention

If You Seek Professional Support

You may wish to instruct a qualified, regulated conveyancing professional to assist with property transactions, title issues, searches, or mortgage-related matters. They can ensure documents, funds and legal obligations are handled securely and correctly.

This page provides general legal information only. Knights & Shah Solicitors are authorised and regulated by the Solicitors Regulation Authority to provide legal services in housing law and civil litigation. We do not offer legal advice or representation in criminal law.

For information about our regulated legal services, please visit our Contact page.