When your offer is accepted, the excitement can quickly give way to questions. What happens now? Who does what? And how long does it take to complete?
The answer to all three is conveyancing – the essential process that transfers ownership from seller to buyer. This guide walks you through it, stage by stage, so nothing comes as a surprise.
Related: How to make an offer on a property: a guide for buyers
What is conveyancing and why does it matter?
Conveyancing is the legal process by which ownership of a property is transferred from seller to buyer. In England and Wales, it applies to every transaction, whether you’re buying with a mortgage or cash, purchasing your first home or your fifth investment property.
Your conveyancing solicitor does more than handle paperwork. They investigate the legal title to the property, carry out searches that reveal information no physical inspection can, negotiate and exchange contracts on your behalf, and register your ownership at HM Land Registry once the purchase completes. It’s the process that makes what you’re buying legally yours and protects you from inheriting problems you didn’t know existed.
Who needs a conveyancing solicitor?
Everyone in a property transaction needs legal representation, on both sides of the sale.
As a buyer, your solicitor acts for you, and in most cases for your mortgage lender simultaneously. That dual responsibility matters: they are legally required to disclose anything to the lender that might affect the security they’re lending against, so it pays to understand that their role extends beyond simply acting on your instructions.
Sellers need a solicitor to prepare the contract pack, field the buyer’s enquiries, handle the discharge of any existing mortgage, and transfer sale proceeds.
Cash buyers still need a solicitor. The absence of a lender doesn’t remove the need for title investigation, searches, or legal registration of ownership.
How the process works: an overview
Conveyancing runs in two phases. Everything before exchange of contracts is preparatory – searches are ordered, enquiries raised and answered, and mortgage offers reviewed. During this phase, either party can still withdraw without legal penalty, though costs will have been incurred.
Exchange is where that changes. Contracts are swapped between solicitors, the deposit is paid, and the transaction becomes legally binding. From here, completion is the day funds transfer and ownership shifts on an agreed date.
The conveyancing stages, step by step
Instruct your solicitor
Instruct a conveyancing solicitor as soon as your offer is accepted. Don’t wait for the survey or mortgage application, searches alone can take several weeks depending on the local authority, and early instruction is the single most effective way to avoid unnecessary delays.
The contract pack
The seller’s solicitor prepares the contract pack: the draft contract, official title documents, and property information forms completed by the seller. These cover everything from disputes with neighbours and planning consents for previous works to what fixtures and fittings are included in the sale.
Searches
Your solicitor applies for searches on your behalf – official enquiries to the local authority, water company, environmental agency, and others. Searches reveal things that a viewing cannot: planning history, flood risk, road adoption status, drainage liability, and whether any enforcement notices affect the property. They take time, and their results often prompt further questions.
Enquiries
Having reviewed the contract pack and search results, your solicitor raises written enquiries with the seller’s solicitor. These are formal questions seeking clarification or documentation – building regulations sign-off for an extension, for example, or evidence of planning permission for a loft conversion. The seller must respond before the transaction can progress, and this stage is often where delays occur.
Mortgage offer
Where a mortgage is involved, your solicitor reviews the formal offer, reports to you on its terms and any conditions attached and satisfies the lender’s requirements on the title. Mortgage funds cannot be drawn down until this stage is complete and the lender is satisfied.
Exchange of contracts
With searches returned, enquiries resolved, and mortgage offer in place, you’re ready to exchange. Both you and the seller sign identical copies of the contract. Your solicitor and the seller’s solicitor then exchange those contracts, usually over the phone and you pay your deposit, typically ten per cent of the purchase price. From this moment, neither party can withdraw without significant financial penalty, and completion is set for a specific date.
Completion
On completion day, your solicitor transfers the remaining funds to the seller’s solicitor. Once received, keys are released and legal ownership passes to you. Your solicitor then registers the title at HM Land Registry, completing the process.
Related: How long does a house survey take?
Conveyancing for sellers
Sellers often underestimate the work their solicitor carries out. Preparing a complete and accurate contract pack, responding promptly to enquiries, and obtaining missing documentation are all time-sensitive tasks, and the most common source of delays in a transaction.
If your property has been extended, converted, or had any structural work carried out during your ownership, gather the relevant paperwork before you instruct a solicitor. Planning permissions, building regulations completion certificates, and warranties for works all form part of the contract pack. Having them ready from the outset saves weeks.
Related: Property selling fees explained: what homeowners should know before selling
Common causes of delay, and how to avoid them
Conveyancing delays are frustrating, but they’re rarely random. The most common causes are slow search returns, outstanding enquiries awaiting documentation from the seller, mortgage offer delays, and complications within a chain.
The most effective thing you can do is respond quickly. When your solicitor asks for documents, forms, or instructions, get them back the same day if you can. The faster you respond, the faster things move.
Your estate agent also has an important role here – chasing the chain, keeping all parties updated, and flagging issues before they turn into delays.
What does conveyancing cost?
Conveyancing costs split into two categories.
Solicitor’s fees cover the legal work itself and are usually quoted as a fixed fee for a standard transaction. They vary between firms, so it’s worth comparing quotes, but the cheapest option isn’t always the best value if it means slower service or less experienced handling.
Disbursements are third-party costs your solicitor pays on your behalf: search fees, Land Registry registration fees, bank transfer fees, and Stamp Duty Land Tax. Stamp Duty is often the largest single cost in a purchase and is calculated on the purchase price, with different rates applying depending on whether you’re a first-time buyer, home mover, or purchasing an additional property.
Always ask for a full breakdown of fees and disbursements before instructing, it avoids surprises at a point in the transaction when surprises are least welcome.
Related: Stamp Duty calculator
Advice for first-time buyers
If you haven’t been through this before, the paperwork can feel like a lot. It’s not – most of it just needs a quick read and a prompt response.
Instruct your solicitor as soon as your offer is accepted. Read what they send you, and if anything isn’t clear, ask. Keep an eye on your mortgage offer expiry date too, as longer transactions sometimes need it renewed.
The more engaged you stay, the smoother it tends to go.
Related: How do I find houses for sale in my area?
Key conveyancing terms explained
Completion — The date ownership legally transfers, funds are received by the seller, and keys are released.
Contract pack — Documents prepared by the seller’s solicitor including the draft contract, title documents, and property information forms.
Disbursements — Third-party costs paid by your solicitor on your behalf, including search fees, Land Registry fees, and Stamp Duty.
Enquiries — Written questions raised by the buyer’s solicitor arising from the contract pack or search results.
Exchange of contracts — The point at which the transaction becomes legally binding for both parties.
HM Land Registry — The government body responsible for registering ownership of land and property in England and Wales.
Searches — Official enquiries to third parties revealing information about the property not visible during a physical inspection.
Stamp Duty Land Tax (SDLT) — Tax payable by the buyer on purchases above certain thresholds, calculated on the purchase price.
Title — The legal ownership of a property, registered at HM Land Registry.
Thinking about buying?
Whether you’re making your first purchase or navigating a move in the middle of a chain, our local teams are experienced in keeping transactions on track and buyers well informed throughout.
Find your local Martin & Co branch to speak with an agent who knows your market.
