What Does a Residential Conveyancer Do?

Buying a home is one of the biggest financial decisions you'll make in your life, and it can feel overwhelming with all the paperwork and legalities involved.

That's where a residential conveyancer comes in.

Their job is to make sure the legal side of things runs smoothly when you buy or sell a property. This blog will explain exactly what a conveyancer does and why they are essential when buying a new home.

What is Residential Conveyancing?

Residential conveyancing is the legal process of transferring the ownership of a property from one person to another.

It involves making sure everything is in order with the property and the paperwork, so the sale can go ahead without any problems.

Whether you're buying your first home or moving to a new house, conveyancing is a crucial part of the process to ensure everything is legally sound.

Who is a Residential Conveyancer?

A residential conveyancer is a qualified legal professional who specialises in property transactions. Their job is to handle the legal details of buying or selling a property. In the UK, conveyancers can either be solicitors who specialise in property law or licensed conveyancers. Both are regulated professionals, but they have different training routes. Solicitors are overseen by the Solicitors Regulation Authority (SRA), while licensed conveyancers are regulated by the Council for Licensed Conveyancers (CLC).

The Role of a Residential Conveyancer in the Home-Buying Process

A residential conveyancer plays an essential role in the home-buying process, guiding you through the legal steps and making sure everything is in order. Here's what they do at each stage:

Pre-Contractual Stage:

1. Check your identity and carry out anti-money laundering checks.
2. Review the draft contract for the property sale.
3. Carry out property searches (such as local authority searches to check for planning issues, environmental searches, and water or drainage searches).
4. Liaise with the seller's conveyancer, your mortgage lender, and your estate agent to make sure everyone is on the same page.

Post-Contract Exchange:

Once you and the seller are happy with the terms, contracts are exchanged, which legally commits you to buying the property.

The conveyancer will take care of the deposit, usually 10% of the purchase price.

They will also make arrangements for the completion day, when the remaining money is paid and ownership of the property is transferred to you.

Completion Day:

1. Your conveyancer will transfer the funds to the seller's conveyancer.
2. They will make sure the title of the property is legally transferred to your name.
3. After this, they will register your ownership with HM Land Registry, making you the official owner of the property.

Related:

Can a Property Buyer and Seller use the same solicitor?

What is Residential Conveyancing?

Why Do You Need a Residential Conveyancer?

Buying a property involves a lot of legal work, and unless you're a property lawyer yourself, it's easy to get confused by the technicalities and jargon.

A residential conveyancer makes sure that all the legal aspects of the transaction are handled correctly. Here's why you need one:

Legal Protection

A conveyancer ensures that all the legal documents are correct and complete. They also check for any potential issues, such as disputes over boundaries or legal restrictions on the property (like restrictive covenants), which could affect your ability to use or sell it in the future.

Financial Security

A conveyancer handles the transfer of large sums of money involved in property purchases. They safeguard your deposit and manage the payments to ensure that everything is done securely.

Avoiding Problems

Without a conveyancer, you could overlook important legal details that might cause issues later, such as missing planning permissions or problems with the property's title.

The Benefits of Using a Conveyancer

Hiring a residential conveyancer offers several advantages, especially when it comes to the smooth handling of the legal side of buying a property:

Efficiency

Conveyancers are experienced in dealing with property transactions and know how to move the process along as quickly as possible. They communicate with the seller’s conveyancer, your mortgage provider, and other relevant parties to avoid unnecessary delays.

Avoiding Mistakes

Property law can be complex, and even a small mistake could lead to significant problems. A conveyancer ensures that all the details are correct, reducing the risk of errors that could cause delays or financial losses.

Peace of Mind

Knowing that a professional is handling the legal aspects of your property purchase allows you to focus on other things, like planning your move or choosing furniture, without worrying about paperwork.

Key Property Searches a Conveyancer Conducts

One of the most important tasks a conveyancer undertakes is carrying out property searches. These searches help identify any issues with the property or the surrounding area that could affect your purchase. Common searches include:

Local Authority Searches

These check for any planning issues, nearby developments, or restrictions, such as whether the property is in a conservation area.

Environmental Searches

These searches look for environmental risks, such as flooding, land contamination, or subsidence (when the ground beneath the property shifts, which can damage buildings).

Water and Drainage Searches

These checks make sure the property is connected to the water and sewage system and that there are no major issues with drainage.

Chancel Repair Search

In rare cases, certain properties in the UK may be liable to contribute to the repair costs of a nearby church, and this search checks for that.

Title and Land Registry Checks

These ensure that the seller has the legal right to sell the property and that there are no hidden legal claims or disputes over the title.

What Happens If Something Goes Wrong?

Sometimes, things don’t go to plan during the conveyancing process, but a good conveyancer will help manage any issues that arise. Here are some examples of potential problems and how your conveyancer can help:

Defects in Title

If there are problems with the property’s legal title, such as someone else claiming ownership of part of the land, your conveyancer will work to resolve these issues before you complete the purchase.

Mortgage Issues

If there’s a problem with your mortgage offer or any conditions attached to it, your conveyancer will liaise with your lender to clarify or resolve the situation.

Delays

Sometimes, delays occur because one party isn’t ready to proceed. Your conveyancer will keep you updated and work with the other side to move things along as smoothly as possible.

If something does go wrong that can’t be fixed, conveyancers are covered by professional indemnity insurance. This means that you’re financially protected in the event of negligence or a mistake on their part.

How to Choose a Residential Conveyancer

Choosing the right conveyancer can make a big difference to your home-buying experience. Here are some tips to help you find the right one:

Experience

Look for a conveyancer with experience in handling property transactions similar to yours. For example, if you're buying a leasehold flat, make sure they have expertise in leasehold conveyancing.

Location

While many conveyancers work remotely, you might prefer someone local who understands the area’s property market and any regional issues that could affect the transaction.

Fees

Conveyancing fees vary, so it’s worth comparing quotes from different conveyancers. Be sure to ask for a full breakdown of costs, so you know exactly what you're paying for. Some conveyancers offer fixed fees, while others charge based on the property price.

Recommendations and Reviews

Ask friends, family, or your estate agent for recommendations. You can also check online reviews to see what other clients have said about their services.