Do I need to use a solicitor when buying or selling a house?

For most people, buying a house is the biggest purchase they will ever make, with years of savings being exchanged for a place to call their own. Selling a much-loved home is also a major event. You need to ensure the transaction is handled correctly, particularly if you’re part of a property chain.

That’s why, whether you’re buying or selling, it’s worth considering using a solicitor or conveyancer to handle the legal side of your move.

Why should I consider using a solicitor?

One of the main reasons to use a solicitor when buying or selling a home is that they can take care of the conveyancing for you. Conveyancing is the legal process of transferring ownership of a property from one person to another. That might sound relatively simple, but transferring property ownership involves numerous stages, documents and checks, any of which can cause problems or delays if they aren’t handled correctly.

Conveyancing involves completing forms, carrying out searches, reviewing contracts, raising enquiries and dealing with other legal and administrative tasks. It can be complex and time-consuming, particularly if you have no previous experience. Mistakes can potentially lead to additional costs and lengthy delays. A slow transaction can also put a property chain under additional pressure and increase the risk of the sale falling through.

Using an experienced conveyancing solicitor or licensed conveyancer means you have a professional handling these responsibilities and helping you through each stage of the transaction.

Can I choose to do my own conveyancing?

It can be tempting to find ways to cut costs when buying a house, and first-time buyers in particular might look at solicitor fees and wonder whether they would be better off doing the conveyancing themselves. DIY conveyancing is possible in some circumstances, but it can be complicated. Unless you have suitable legal knowledge and plenty of time, the savings may not justify the additional work and risk involved.

There are parts of the process you may be able to handle yourself, but you need to consider how time-consuming the work could become, particularly if unexpected legal issues arise.

Moving home can already involve juggling mortgage arrangements, surveys, removals and paperwork. Having an expert take care of the legal side frees you up to concentrate on the other jobs involved in your move.

If you decide to appoint a professional, it’s also useful to understand the difference between a property solicitor and a conveyancer before choosing who to instruct.

When do I have to use a solicitor?

You are not generally legally required to use a solicitor simply because you are buying or selling a property. However, if you are buying with a mortgage, your lender will require a solicitor or licensed conveyancer who can act for the lender as well as handling the legal work associated with your purchase. The professional you choose will normally need to be on your mortgage lender’s approved panel.

Cash buyers have more freedom to consider DIY conveyancing, although the complexity and financial risks involved mean professional assistance is still worth serious consideration. Similarly, while sellers can theoretically undertake their own conveyancing, the buyer’s solicitor or conveyancer may be reluctant to deal directly with an unrepresented seller because of the additional complexity this can create.

What will a conveyancing solicitor do for me?

If you choose to use a conveyancing solicitor, they will guide you through the legal process from instruction to completion.

The exact timeframe varies significantly between transactions. While straightforward cases can move faster, conveyancing typically takes around 12 to 16 weeks, with property chains and complex legal issues potentially making the process longer.

Your solicitor or conveyancer will explain what needs to happen and let you know when they need information, documents or decisions from you.

Some of the main tasks they handle include:

1. Carrying out property searches

For buyers, conveyancers carry out property searches and make enquiries with local authorities and other relevant organisations. These searches can uncover information that might affect your decision to buy, such as planning proposals, environmental risks, drainage arrangements and other matters relating to the property.

It’s important to distinguish conveyancing searches from a property survey. A conveyancer deals with the legal aspects of the purchase, whereas a surveyor assesses the physical condition of the property. Depending on the age and condition of the home, you may want a RICS Level 2 or Level 3 survey. A Level 2 survey is generally suited to conventional properties in reasonable condition, while the more comprehensive Level 3 survey is usually better suited to older, larger, unusual or significantly altered properties.

2. Drawing up and reviewing contracts

The seller’s solicitor prepares the draft contract and supporting documents, while the buyer’s solicitor reviews them, raises enquiries and checks the legal title. The contract includes key information about the transaction and the property. Your solicitor can explain its contents and advise you about any legal issues identified during the conveyancing process.

Once both parties are satisfied and ready to proceed, the solicitors arrange the exchange of contracts and agree a completion date.

3. Dealing with Stamp Duty Land Tax

If you’re buying a property in England or Northern Ireland and Stamp Duty Land Tax (SDLT) is due, your conveyancer will usually calculate the amount payable, submit the relevant return and arrange payment to HMRC using funds provided by you. The amount of SDLT you pay depends on factors including the purchase price and your circumstances, with different rules potentially applying to first-time buyers and buyers of additional properties.

4. Registering the property with HM Land Registry

Following completion, your conveyancer will apply to HM Land Registry to register you as the new legal owner of the property. Where you have bought the property with a mortgage, the lender’s legal charge will also normally be registered against the title.

This ensures the official Land Register accurately records the new ownership and relevant interests in the property.

5. Completing the purchase or sale

As completion approaches, your solicitor will make sure the necessary legal documents and finances are in place.

• For sellers, this includes dealing with matters such as redeeming any existing mortgage and settling relevant fees from the sale proceeds.

• For buyers, the solicitor requests mortgage funds from the lender where applicable and arranges for the balance of the purchase price to be transferred to the seller’s solicitor on completion day.

Once the money has been received and completion confirmed, the buyer can usually collect the keys and officially take possession of the property.

Is a solicitor the same as a surveyor?

No. Solicitors and surveyors perform different roles during a property purchase. Your solicitor or conveyancer investigates the legal side of the property, while a surveyor examines its physical condition.

A property survey can reveal defects such as damp, structural movement or roof problems that would not necessarily be identified through conveyancing searches — our 10 most common house survey problems offers more insight. Depending on the property, you may need either a RICS Level 2 Home Survey or the more detailed RICS Level 3 Home Survey.

If a survey uncovers serious previously unknown defects, you may also be able to renegotiate after your home survey before exchanging contracts.

Your surveyor and conveyancer therefore have separate but complementary roles in helping you understand what you’re buying.

The biggest purchase you’ll ever make

Buying or selling property can be complicated, particularly if it’s your first time. Using a conveyancing solicitor or licensed conveyancer means you have a professional making sure the legal paperwork, searches, contracts, money transfers and registration are handled correctly.

That can take considerable pressure off you and leave you free to concentrate on everything else involved in your move.

If you decide to use a professional, take time to compare your options rather than automatically choosing the first firm you find. Knowing the right questions to ask a conveyancing solicitor can help you understand their fees, communication process and experience before you instruct them.