Quick Answer: What Is A Conveyancer?
A conveyancer handles the legal work involved in transferring a property from its current owner to you. When buying a home in England or Wales, they check the legal title and contract paperwork, arrange property searches, raise enquiries with the seller’s legal representative and deal with the legal requirements connected with your mortgage.
They also manage exchange of contracts, completion and the work needed to register you as the new owner.
Most buyers use a solicitor or licensed conveyancer for this work. If you are buying with a mortgage, your lender will usually require a conveyancer and the firm will normally need to be accepted by that lender.
If you also need help arranging your mortgage, our mortgage brokers in Preston, Southport and Garstang can guide you through the mortgage side of your purchase.
What Is A Conveyancer?
The meaning of conveyancer is fairly straightforward. It describes a legal professional who handles the transfer of property ownership from one party to another.
However, there is a distinction between the general term “conveyancer” and the professional title “licensed conveyancer”.
A licensed conveyancer specialises in property law and is regulated by the Council for Licensed Conveyancers. Solicitors can also carry out conveyancing and are regulated by the Solicitors Regulation Authority. Appropriately authorised CILEX professionals may undertake conveyancing work too.
For a home buyer, each can potentially handle the legal side of a property purchase if appropriately authorised to do so.
The conveyancing process is separate from arranging your mortgage. Your mortgage adviser deals with your borrowing, while your conveyancer deals with the legal transfer of the property and relevant legal requirements.
This article covers conveyancing in England and Wales. Scotland and Northern Ireland have different legal systems and home-buying processes.
What Does A Conveyancer Do When You Buy A House?
A conveyancer becomes involved early in the purchase and continues working on the transaction after you receive the keys.
Although individual purchases differ, conveyancing when buying a house generally involves the following stages.
Getting A Quote & Instructing Your Conveyancer
Once you choose a conveyancer, you formally instruct them to act for you.
They should explain their charges and the expected additional costs associated with the transaction. You will also need to provide information about yourself and the property you are purchasing.
Instructing a conveyancer early can help avoid having to find one after an offer has already been accepted.
Completing Identity & Source Of Funds Checks
Your conveyancer will need to carry out identity checks and may ask for evidence showing where the money being used for the purchase has come from.
The information required will depend on your circumstances. Buyers using savings may need different evidence from someone receiving a gifted deposit, for example.
Providing requested documents promptly can prevent unnecessary hold-ups later in the transaction.
Reviewing The Title & Draft Contract
The seller’s conveyancer provides the legal paperwork for the property, which normally includes a draft contract and information relating to the title.
Your conveyancer reviews these documents to identify matters that need further investigation or clarification.
The legal title provides important information about the ownership of the property and rights or restrictions that may affect it.
Arranging Property Searches
Your conveyancer will usually arrange searches relating to the property.
These commonly include local authority, drainage and water and environmental searches. Additional searches may be recommended depending on the property’s location and circumstances.
Search results can reveal information that may not be obvious from viewing the property itself. Your conveyancer can raise further enquiries where something needs clarification.
Raising Enquiries
Your conveyancer can ask the seller’s legal representative questions about information discovered through the contract documents, title or searches.
The enquiries required depend on the property.
For a leasehold home, for example, there will usually be additional legal information to review concerning the lease and management arrangements. New-build properties and some other types of purchase can involve further documentation too.
Your conveyancer will work through the outstanding enquiries before advising you about proceeding.
Dealing With Your Mortgage Offer
If you are using a mortgage, your conveyancer will also deal with the legal requirements associated with the lender.
They will review the mortgage offer and follow the lender’s instructions where they are also acting for the lender.
This is one reason lender-panel status should be checked when choosing a conveyancer. If the firm cannot act for your mortgage lender, separate representation may be required, which could create additional cost or delay.
For first-time buyers, our mortgage in principle guide explains an earlier part of the buying process and what a mortgage in principle means before you reach this stage.
Reporting To You Before Exchange
Once the searches, enquiries and other legal work have reached the appropriate stage, your conveyancer will report their findings to you.
They should explain the important legal information about the property and provide the documents you need to sign.
You should ask about anything you do not understand before agreeing to exchange contracts.
Exchanging Contracts
Exchange of contracts is a major point in a property purchase in England and Wales.
The buyer and seller exchange their signed contracts through their legal representatives. At this stage, the agreement normally becomes legally binding and the completion date is agreed.
Your conveyancer will tell you what money is required for exchange and arrange the legal process with the seller’s conveyancer.
Withdrawing after exchange can have serious financial and legal consequences, so you should make sure you are satisfied with the purchase before authorising your conveyancer to exchange.
Completing The Purchase
Completion is when the purchase is finalised and ownership transfers to you.
Your conveyancer arranges for the purchase money, including mortgage funds where applicable, to be transferred to the seller’s conveyancer. Once completion has taken place, the keys are normally released through the estate agent or other agreed arrangement.
There is still legal work to complete afterwards. Your conveyancer will deal with the Stamp Duty Land Tax return where applicable and the relevant payment arrangements, then apply to HM Land Registry to register your ownership and any mortgage.
Conveyancer Vs Solicitor: What Is The Difference?
Both solicitors and licensed conveyancers can handle property transactions, but their professional routes and areas of work differ.
| Licensed Conveyancer | Solicitor | |
|---|---|---|
| Regulation | Regulated by the Council for Licensed Conveyancers | Regulated by the Solicitors Regulation Authority |
| Main Focus | Specialises in conveyancing and property-related legal work | Can practise across a wider range of legal areas, with some specialising in conveyancing |
| Property Purchases | Can handle conveyancing when appropriately authorised | Can handle conveyancing when appropriately authorised |
| Other Legal Matters | Scope is centred on property and related authorised services | A firm may offer other areas of law alongside conveyancing |
Choosing between a conveyancer and solicitor should depend on the service required and the individual provider rather than assuming one professional title is automatically better, quicker or cheaper.
Some purchases may involve connected legal issues that require expertise beyond the property transaction itself. If that applies, ask the provider whether they can handle the work required before instructing them.
Do I Need A Conveyancer To Buy A House?
You are not generally prevented from carrying out your own conveyancing in England and Wales, but doing so can be difficult and carries significant responsibility.
HM Land Registry warns that conveyancing and land registration can be complex, with potentially costly consequences if mistakes are made.
Using a mortgage makes DIY conveyancing particularly difficult because most mortgage lenders insist that a conveyancer is used. The lender needs its own legal interests protected as part of the transaction.
For most buyers, using an appropriately regulated professional provides the legal expertise needed to deal with the contract, searches, title and registration.
Anyone purchasing their first property can read our first-time buyer guide for a broader explanation of the stages involved before and alongside conveyancing.
Are Conveyancing Searches The Same As A Survey?
Property searches, surveys and lender valuations serve different purposes.
Conveyancing searches investigate information held by local authorities and other relevant organisations. Depending on the property, these can include local authority, drainage and water and environmental searches, alongside additional searches where appropriate.
A property survey is different. It assesses aspects of the physical condition of the property, with the level of inspection depending on the survey chosen.
A mortgage valuation serves another purpose. The lender uses its valuation to help determine whether the property provides suitable security for the mortgage. Buyers should not assume that a lender valuation provides the same information as an independent survey carried out for them.
Your conveyancer deals with the legal searches. A suitably qualified surveyor carries out the survey, while the lender arranges its valuation according to its own requirements.
What Happens At Exchange & Completion?
Exchange and completion are separate stages and understanding the difference can make the final part of the purchase much clearer.
Before exchange, your conveyancer will have worked through the legal paperwork, searches and enquiries. You should also have your mortgage arrangements in place where you are borrowing to buy the property.
When contracts are exchanged, the buyer and seller normally become legally committed to the transaction. A completion date is also agreed.
The conveyancer then prepares for completion, including arranging the funds required for the purchase.
On completion day, the balance of the purchase money is transferred through the legal representatives. Once completion is confirmed, you can normally collect the keys.
Your conveyancer then deals with the relevant post-completion work, including applying to HM Land Registry to register the change in ownership.
How Do You Choose A Conveyancer?
Choosing a conveyancer should involve more than comparing the headline price on a quote.
Check that the person or firm is appropriately regulated for the work they will carry out. If you are buying with a mortgage, you should also establish whether they can act for your chosen lender.
Experience with the type of property you are buying can be useful. Leasehold properties, new builds, shared ownership purchases and transactions involving gifted deposits can raise additional requirements, so ask whether the provider regularly handles circumstances similar to yours.
A quotation should make clear what the professional legal fee covers and identify additional charges and disbursements where possible. Disbursements are payments made to third parties as part of the transaction, such as search and Land Registry fees.
It is also worth asking how you will receive updates, who your main contact will be and how questions are handled during the purchase.
If an estate agent, mortgage broker or another business recommends a conveyancer, ask whether a referral fee or other commercial arrangement is involved. A recommendation should not replace your own checks of the provider.
How Much Does Conveyancing Cost?
There is no single conveyancing fee that applies to every property purchase.
The professional fee can depend on the provider and the work involved. Property value, tenure and additional legal requirements can also affect the overall quotation.
Alongside the legal fee are disbursements and other transaction costs. These may include property searches and HM Land Registry fees, with the exact amounts depending on the purchase.
When comparing quotes, look at the full breakdown rather than the headline legal fee alone. Ask what is included, which costs are estimates and whether particular circumstances could result in additional charges.
How Long Does Conveyancing Take?
There is no guaranteed timescale for conveyancing because every property transaction is different.
The process can be affected by how quickly searches are returned, the enquiries that arise and how promptly information is supplied by the parties involved. Mortgage arrangements and other transactions in the property chain can also affect progress.
Some properties involve additional legal work. Leasehold, new-build and shared ownership purchases, for example, can require documents or checks that are not relevant to every freehold purchase.
Responding quickly when your conveyancer asks for documents or information can help prevent delays on your side, although parts of the process will remain outside your control.
Protect Yourself From Conveyancing Payment Fraud
Property purchases involve transferring large amounts of money, which makes payment details particularly important.
Before sending a deposit, completion funds or another significant payment, verify the conveyancer’s bank details using a trusted contact method. If you receive an unexpected email saying that payment details have changed, do not rely on that message alone.
Contact the conveyancer using contact details you already know to be genuine and confirm the instructions before transferring money.
How Do Your Mortgage Adviser & Conveyancer Work Together?
Your mortgage adviser and conveyancer have separate roles during a home purchase.
The mortgage adviser helps you understand your borrowing options and manages the mortgage application. Your conveyancer provides the legal services required for the purchase.
Information may need to pass between the buyer, lender and conveyancer as the transaction progresses. Your conveyancer will also deal with the lender’s legal requirements where they are instructed to act for the lender.
If you are buying your first home, at Key Mortgage Advice, our first-time buyer mortgage brokers can help you understand your mortgage options and guide you through the mortgage side of the purchase.
You can call us on 01772 620000, email us at enquiries@keymortgageadvice.co.uk or fill in our online contact form to speak to our team directly.
You can also book an appointment with us if you are preparing to buy a home and would like to discuss your mortgage options with an adviser.
The information in this article is for general guidance and does not constitute legal advice. The home-buying process and legal requirements vary by jurisdiction and circumstances. Seek advice from an appropriately regulated conveyancing professional.
Conveyancing FAQs
What does a conveyancer do when buying a house?
A conveyancer handles the legal work involved in transferring the property to the buyer. Their work can include reviewing the title and contract, arranging searches, raising enquiries, dealing with lender requirements, managing exchange and completion and registering the new ownership.
Do I need a conveyancer to buy a house?
You can legally carry out your own conveyancing in England and Wales in some circumstances, but the process can be complex. Most mortgage lenders will insist that a conveyancer is used where the purchase involves a mortgage.
What is the difference between a conveyancer and a solicitor?
“Conveyancer” can describe a professional carrying out property transfer work. A licensed conveyancer is specifically regulated to provide conveyancing and related services, while a solicitor may practise in conveyancing alongside other areas of law.
When should I instruct a conveyancer?
You can choose and instruct a conveyancer early in the buying process so they are ready to begin the legal work once you have an accepted offer. If you need a mortgage, check that the provider can act for your chosen lender.
How much does conveyancing cost?
Costs depend on the provider, property and work involved. A quote can include the conveyancer’s professional fee alongside disbursements and other charges, so compare the complete breakdown rather than relying on the headline fee.
How long does conveyancing take?
There is no fixed timescale. Searches, enquiries, mortgage arrangements, the property itself and other transactions in the chain can all affect how long a purchase takes.
What searches does a conveyancer carry out?
Common searches include local authority, drainage and water and environmental searches. Other searches may be recommended according to the property and its location.
Does my conveyancer need to be approved by my mortgage lender?
If you are buying with a mortgage, the conveyancer will usually need to be accepted by the lender to act for it. If your chosen firm cannot do so, separate representation may be needed, which can result in additional cost or delay.
Can I do my own conveyancing?
It can be possible to handle your own conveyancing, but HM Land Registry warns that the process is complex and mistakes can have significant consequences. Most lenders also insist on a conveyancer where a mortgage is involved.
What happens at exchange and completion?
At exchange, the buyer and seller normally become legally committed to the transaction in England and Wales and agree the completion date. At completion, the purchase money is transferred, ownership passes to the buyer and the keys are normally released.
