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Property law is where the difference between the UK's jurisdictions is most visible to ordinary people. In England, Wales and Northern Ireland, buyer and seller are free to walk away until contracts are exchanged, which is why gazumping exists. In Scotland the deal becomes binding when missives are concluded, well before anyone moves in, and pulling out after that can make you liable in damages.

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Conveyancing is also one of the few reserved legal activities. Preparing a transfer or charge of registered land, and applying to register it, may only be done by an authorised person. In England and Wales that means an SRA-regulated solicitor, a licensed conveyancer regulated by the Council for Licensed Conveyancers, or a CILEX practitioner with the right rights.

Beyond buying and selling, property solicitors handle leases and lease extensions, transfers of equity, remortgages, boundary and title problems, landlord and tenant disputes and commercial property. The common thread is title: what you actually own, what burdens come with it, and whether the paperwork will stand up when you come to sell.

Conveyancing in England and Wales: searches, enquiries, exchange, completion

Once an offer is accepted, the seller's solicitor prepares a contract pack from the title and the seller's own forms, and the buyer's solicitor raises enquiries and orders searches: local authority, drainage and water, environmental and whatever the location calls for, such as mining or flood. Nothing is binding while this happens.

Exchange of contracts is the moment the deal becomes legally enforceable, and the completion date is fixed then. Completion is when money moves, ownership transfers and keys are handed over. GOV.UK describes selling a home as taking around five months on average, and most of that time is spent on enquiries and on the chain rather than on the legal drafting itself.

Because nothing binds before exchange, either side can withdraw up to that point. That is the source of most of the frustration in English and Welsh transactions, and the main reason solicitors push to get enquiries answered early.

The Scottish system: Home Report, notes of interest and missives

In Scotland the seller commissions the Home Report before marketing. It has three parts: a single survey and valuation by a chartered surveyor covering condition, accessibility and repairs, a property questionnaire covering 16 categories including council tax band and past issues such as fire, storm damage or asbestos, and an energy report. A seller or selling agent must give it to you within nine days of a request, and some properties, including new builds sold off-plan and certain seasonal holiday homes, are exempt but still need an energy performance certificate.

Buying then runs through solicitors. Your solicitor notes your interest; if several people are interested the seller sets a closing date for offers. The offer itself is a formal letter stating the price, the date of entry and any conditions. The seller's solicitor usually replies with a qualified acceptance, and the two sides exchange missives until the terms are agreed.

When missives are concluded the contract is binding, and withdrawing after that can leave you owing the seller substantial damages. Insurance timing depends on what the missives say, which is one of the things to check with your solicitor rather than assume.

Who may legally do your conveyancing

  • Reserved instrument activities under the Legal Services Act 2007 cover transfers and charges of land and applications to register them; only authorised people may carry them out.
  • Solicitors regulated by the SRA in England and Wales, by the Law Society of Scotland, or by the Law Society of Northern Ireland.
  • Licensed conveyancers regulated by the Council for Licensed Conveyancers, the specialist property law regulator for England and Wales.
  • CILEX practitioners regulated by CILEx Regulation who hold conveyancing rights.
  • An SRA-regulated firm must keep your money in a client account and holds professional indemnity insurance; check the firm on the Solicitors Register before sending any funds.
  • Estate agents and unregulated introducers may recommend a firm, but the regulated entity doing the work is the one that matters.

After completion: registration and the right property tax

Registration is not optional. HM Land Registry requires registration when you buy land or property, are given it, inherit it, receive it in exchange or mortgage it, with a narrow exception where a lease has seven years or less to run. Scotland uses the Registers of Scotland and Northern Ireland uses Land and Property Services.

The tax depends on where the property is, and so does the deadline. Stamp Duty Land Tax applies in England and Northern Ireland, and GOV.UK requires the return and payment within 14 days of completion. Scotland charges Land and Buildings Transaction Tax, collected by Revenue Scotland. Wales charges Land Transaction Tax, collected by the Welsh Revenue Authority, with a return and payment due within 30 days of the day after completion. Your solicitor normally files and pays on the day and bills it on.

Freehold, leasehold and the questions to ask about each

  • Freehold means you own the land and the building; most houses in England and Wales are sold this way.
  • Leasehold means you own a term of years; check the length remaining, the ground rent and service charge history, and who manages the block.
  • Commonhold exists in England and Wales as an alternative to leasehold for flats but is uncommon in practice.
  • Scotland abolished feudal tenure and residential flats there are owned outright, with shared obligations set out in the title deeds.
  • Shared ownership has its own lease terms, staircasing rules and restrictions on resale, and needs the lease read carefully rather than skimmed.
  • New build purchases bring warranty cover, estate management charges and long-stop completion dates that should be checked before reservation.

Payment diversion fraud and protecting your deposit

Conveyancing is a target for fraud because large sums move on predictable dates. The standard attack is an email that appears to come from your solicitor giving new bank details shortly before completion. GOV.UK's guidance on selling a home flags fraud when transferring large sums for exactly this reason.

The defence is dull and effective. Take the firm's account details in person or from the client care pack at the start, never from an email sent later. Confirm any change by phoning a number you already had, not one in the message. Send a small test payment first and ring to confirm receipt before sending the balance.

Real Estate Lawyers: frequently asked questions

When does a house purchase become legally binding?

In England, Wales and Northern Ireland, at exchange of contracts, which is also when the completion date is fixed. In Scotland it is at conclusion of missives, which happens much earlier in the process, and withdrawing after that point can leave you liable to the seller in damages.

What is a Home Report and do I have to pay for it?

It is the Scottish seller's pack: a single survey and valuation, a property questionnaire covering 16 categories, and an energy report. The seller commissions it, and a seller or selling agent must give it to you within nine days of you asking. Certain properties are exempt but still need an energy performance certificate.

Can I do my own conveyancing?

Preparing transfers and charges of registered land and applying to register them are reserved legal activities, so only authorised people may do them for someone else. Doing it for yourself is possible in narrow circumstances, but most lenders will not accept it, and a mistake on title is expensive to unpick.

How long does conveyancing take?

GOV.UK puts selling a home at around five months on average in England and Wales. The legal drafting is rarely the bottleneck; searches, replies to enquiries, mortgage offers and the length of the chain are. Scottish transactions often move faster because missives fix the date of entry early.

Who pays the property tax and when?

The buyer, and the tax depends on the location. Stamp Duty Land Tax in England and Northern Ireland is due within 14 days of completion. Scotland charges Land and Buildings Transaction Tax through Revenue Scotland, and Wales charges Land Transaction Tax through the Welsh Revenue Authority, due within 30 days of the day after completion.

What should I do if I get an email changing my solicitor's bank details?

Assume it is fraud until proved otherwise. Do not reply to the email. Phone the firm on a number you already held, confirm the account, send a small test payment and check it arrived before transferring the rest. Fraudsters time these messages for the days around exchange and completion.

Sources

  1. GOV.UK: buying or selling your home
  2. mygov.scot: Home Report
  3. mygov.scot: making an offer and missives
  4. GOV.UK: registering land or property with HM Land Registry
  5. GOV.UK: Stamp Duty Land Tax
  6. Welsh Government: Land Transaction Tax guide
  7. Revenue Scotland: taxes
  8. Council for Licensed Conveyancers
  9. Legal Services Act 2007, Schedule 2

Written by the LokalMatch editorial team. Last reviewed 22 September 2026. How we write and check our guides

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  • Experience and seniority of the person doing the work
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How to compare real estate lawyers before you hire

  • Check that they are licensed or registered for this work where you live, on the regulator’s public register.
  • Look for experience with matters like yours, and ask who will actually handle your file.
  • Ask how they charge before any work starts, and get the terms in writing.
  • Compare two or three professionals before you decide.
  • Be wary of anyone who guarantees a particular outcome.

Questions to ask real estate lawyers before you hire

  • Are you licensed or registered for this work, and with which body?
  • Have you handled matters like mine before?
  • Who will do the work, and who will I deal with day to day?
  • How do you charge: hourly, a flat fee or a retainer?
  • What is included in your fee, and what costs extra?
  • Will you confirm the scope and fees in a written engagement letter?
  • Do you carry professional liability insurance?

Licences and registration

This kind of work is often limited to licensed or registered professionals, and the rules depend on where you are. Ask which body they’re registered with, and check their status on that body’s public register before you hire.