If you’re buying or selling a home, understanding conveyancing is key to a smooth property journey.
When buying or selling a property in the UK, one term you’re almost certain to hear is conveyancing. Conveyancing is essentially the legal framework that ensures property ownership is transferred correctly and securely, so understanding the process can make your property journey far smoother and less stressful.
Here’s what we’ll cover in this blog:
- What is conveyancing?
- What’s the difference between a solicitor and a property lawyer?
- Is it a legal requirement to use a property lawyer?
- What exactly does a property lawyer do?
- What does a property lawyer check during a property search?
- Who pays for conveyancing?
- How long does conveyancing take?
- Stages of conveyancing
- Is conveyancing necessary when remortgaging?
- What is the conveyancing process for sellers?
1. What is conveyancing?
Conveyancing is the legal process of transferring property ownership from one person to another. It covers everything from the initial agreement to the official registration of ownership with the Land Registry.
In simple terms, it ensures the buyer receives the property free from legal issues and that the seller transfers ownership correctly. Without conveyancing, property transactions could lead to legal trouble or ownership disputes.
2. What's the difference between a solicitor and a property lawyer?
Conveyancing is handled by a property lawyer (also called a conveyancer) or a solicitor specialising in property law.
Both are qualified to manage the legal aspects of buying or selling, including searches, contracts, and registration. The key difference lies in their scope: solicitors handle wider legal matters, while property lawyers focus solely on property.
Either can act on your behalf, but a dedicated property lawyer often has more targeted expertise for property transactions.
3. Is it a legal requirement to use a property lawyer?
Technically, you could handle conveyancing yourself - this is known as “DIY conveyancing.” However, it’s strongly recommended to use a professional. Mistakes can lead to serious consequences, including:
- Boundary disputes - Misreading plans could lead to arguments (and legal fees) with your new neighbours.
- Unregistered land - If the property isn’t on the Land Registry, proving ownership can be complicated and time-consuming.
- Hidden restrictions - Things like covenants or rights of way can affect what you can do with the property.
- Financial loss - Errors can lead to expensive claims against you later.
- Delays or even a failed sale - A simple paperwork mistake can slow things down or stop the sale altogether.
Using a professional property lawyer reduces these risks and ensures your property transaction proceeds smoothly.
For first-time buyers or those unfamiliar with property law, professional guidance can be particularly valuable. If it’s your first time buying a property, read this guide that will help you understand the process and will guide you through our range of services.
4. What exactly does a property lawyer do?
A property lawyer’s role covers numerous important tasks, including:
- Checking the property title - ensuring the seller has the legal right to sell.
- Carrying out property searches - investigating planning applications, flood risks, environmental concerns, and more.
- Drafting and reviewing contracts - ensuring the legal agreement is accurate and fair.
- Coordinating deposit transfers and completion - overseeing the transfer of funds and keys.
- Reporting to your lender - ensuring that the title of the property is free from any defects that could affect the bank’s security.
They also act as one of your main points of contact, coordinating with buyers, sellers, estate agents, and mortgage lenders to keep everything moving smoothly.
If you’re curious about our home conveyancing services and how they can benefit you, check out our services here.
5. What does a property lawyer check during a property search?
Property searches are designed to uncover potential issues that could affect the property’s value or your ability to use it.
Common searches include:
- Local authority searches - planning permissions, building regulations, road schemes, or nearby developments.
- Environmental searches - flood risk, contaminated land, or other hazards.
- Water and drainage searches - confirming connection to mains water and sewage.
- Chancel repair liability - a rare historical obligation to contribute to local church repairs.
These checks protect you, as a buyer, from unexpected issues and give sellers reassurance that complications are addressed early.
6. Who pays for conveyancing?
Each party typically covers their own legal costs. Buyers pay for searches, legal fees, and Land Registry charges, while sellers cover their property lawyer’s fees. In some cases, the seller may agree to contribute as part of negotiations.
7. How long does conveyancing take?
The conveyancing timeline varies depending on numerous factors, but typically takes between 8-16 weeks from offer acceptance to completion.
Straightforward transactions that have no chain can complete more quickly, while complex cases or those involving long chains might take longer. The process may also be delayed by issues discovered during searches, slow responses from third parties, or complications with mortgage arrangements.
Your property lawyer should provide regular updates on progress and anticipated timelines.
8. Stages of conveyancing
The conveyancing process can generally be broken down into six key stages, each with an approximate timeframe:
- Pre-contract work (approx. 2 weeks) - appoint a property lawyer, provide identification, and begin the initial checks.
- Mortgage offer (approx. 4 weeks) - the buyer’s lender processes the mortgage application and issues a formal mortgage offer.
- Draft contract (approx. 2-10 weeks) - the property lawyer prepares or reviews the draft contract, raises enquiries, and carries out searches.
- Exchange of contracts to completion (approx. 1-2 weeks) - both parties sign contracts, the buyer pays the deposit, and a completion date is confirmed.
- Completion day (1 day) - funds are transferred, keys are handed over, and the home is officially yours.
- Post-completion (2-4 weeks) - the property lawyer registers the new ownership with the Land Registry and pays any Stamp duty owed.
9. Is conveyancing necessary when remortgaging?
Not every remortgage needs full conveyancing. For example, if you’re borrowing more with your current lender (a “further advance”) or switching to a new rate with the same lender (a “product transfer”), everything is handled internally by your lender, so no additional conveyancing is required in these cases.
However, if you’re moving your mortgage to a new lender, full conveyancing is required. A property lawyer will carry out the necessary checks, update the Land Registry, and make sure the mortgage transfer is completed correctly.
If you’d like a bit more clarity on the mortgage side of things, book a mortgage appointment and speak to one of our experienced consultants.
10. What is the conveyancing process for sellers?
For sellers, conveyancing focuses on preparing the property for sale and ensuring a smooth transfer of ownership. The process usually involves:
- Completing property information forms detailing the property's condition and history
- Providing evidence of ownership and necessary certificates (e.g., electrical, gas safety)
- Answering enquiries raised by the buyer's property lawyer
- Reviewing and signing the contract
- Coordinating with your mortgage lender to settle your existing mortgage
- Arranging for the transfer of funds on completion day
While sellers generally deal with less paperwork than buyers, professional guidance is still essential to avoid legal complications and ensure the sale proceeds as planned.
As mentioned above, a property lawyer ensures legal obligations are met, avoids delays, and keeps the sale moving. They also work closely with your estate agent to maintain clear communication. The right property lawyer helps take the uncertainty out of your property journey, giving you the assurance you need for your move.
Whether you're buying, selling, or remortgaging, our expert team is here to guide you every step of the way, providing transparent costs and a tailored service you can rely on.
