A house purchase can feel settled the moment your offer is accepted. Legally, however, it is only the start. This residential conveyancing process guide explains what happens between an accepted offer and collecting the keys, where delays can arise, and how a solicitor protects your position throughout.
Conveyancing is the legal and administrative work required to transfer ownership of a property. Whether you are buying your first flat, selling a family home or moving up the property ladder, the process must identify legal risks, ensure funds are handled correctly and make sure the property can be transferred with good title.
What does residential conveyancing involve?
In England and Wales, an accepted offer is not normally legally binding. Either party can withdraw before contracts are exchanged. That makes early, careful legal work essential. Your solicitor investigates the property, raises questions with the seller’s solicitor, checks the mortgage requirements and prepares the documents needed for exchange and completion.
The exact timescale depends on the property and everyone involved in the chain. A straightforward freehold purchase with no mortgage may progress relatively quickly. A leasehold flat, new-build property, shared ownership purchase or home with missing paperwork can require more investigation. It is better to resolve a concern before exchange than to inherit an expensive problem afterwards.
The residential conveyancing process guide: each stage
1. Instructing a solicitor and opening the file
Once your offer is accepted, instruct a conveyancing solicitor without delay. You will be asked for proof of identity, proof of address and information about the source of your deposit. These checks are required under anti-money laundering regulations and protect the transaction from fraud.
If you are selling, you will also complete property information forms. These cover matters such as boundaries, alterations, guarantees, disputes, utilities, parking arrangements and fixtures you intend to leave behind. Complete them honestly and carefully. An inaccurate answer can lead to a dispute after completion.
Your solicitor will obtain the title documents, prepare a contract pack and send it to the buyer’s solicitor. For a purchase, your solicitor receives and reviews this pack before beginning their enquiries.
2. Reviewing the contract, title and supporting documents
The legal title shows who owns the property and whether there are restrictions, rights or charges affecting it. Your solicitor will check, for example, whether there are rights of way, restrictive covenants, rentcharges or obligations to contribute to the upkeep of a private road.
This stage is not simply paperwork. A covenant may restrict extensions, business use or parking a caravan. A right of way may allow neighbours to cross part of the land. A title plan may reveal that a garden, parking space or access route is not included as expected. These issues do not automatically mean you should walk away, but you need clear advice before making a binding commitment.
Where a property is leasehold, the review is more detailed. Your solicitor will examine the lease length, ground rent, service charge accounts, planned major works and any rules on subletting, pets or alterations. A short lease or significant forthcoming works can affect affordability, mortgage lending and resale value.
3. Ordering searches and raising enquiries
Searches provide information that cannot be established by viewing the property. The usual searches include a local authority search, drainage and water search, and environmental search. Depending on location, further checks may be sensible, such as mining, flood or chancel repair searches.
A local authority search can reveal planning decisions, building regulation history, road schemes, conservation area status and enforcement notices. It does not tell you everything about neighbouring land, which is why buyers may also wish to consider planning information relating to the surrounding area.
Your solicitor uses the search results and contract documents to raise formal enquiries with the seller’s solicitor. These might concern a missing planning consent, an extension without building regulations approval, a discrepancy in the boundaries or whether the seller has received notice of nearby development.
There is a balance to strike. Raising sensible enquiries protects you, but repeatedly asking questions that the seller cannot answer can slow the transaction. A good conveyancer focuses on material risks and explains the practical choices available if an issue cannot be resolved perfectly.
4. Securing the mortgage and arranging the survey
If you are borrowing, your lender will conduct a valuation. This is for the lender’s benefit and may be limited in scope. It should not be treated as a detailed assessment of the property’s condition.
A separate survey can identify defects such as damp, roof problems, structural movement or outdated electrics. The appropriate survey depends on the age, type and condition of the property. A newer conventional home may only need a basic survey, while an older, altered or unusual property may justify a more detailed inspection.
Once the mortgage offer arrives, your solicitor checks its conditions, reports to you and ensures the lender’s legal requirements are met. Do not commit to exchange until you understand the mortgage terms and have confirmed that your deposit and other costs are available.
5. Reporting to you before exchange
When the title, searches, enquiries and mortgage arrangements are satisfactory, your solicitor sends a report on the property. This explains the key legal points in clear terms and identifies matters requiring your decision.
You will sign the contract and, where needed, the mortgage deed. You should also arrange buildings insurance from the date contracts are exchanged, unless your solicitor advises otherwise. In most transactions, the buyer becomes responsible for the property at exchange, not completion.
At this point, you and the other parties agree a completion date. This can be straightforward where there is no chain, but chains require every linked transaction to be ready. Avoid booking removals, giving notice on a tenancy or making irreversible arrangements until exchange has taken place.
6. Exchanging contracts
Exchange is the moment the transaction becomes legally binding. The buyer’s deposit is usually paid to the seller’s solicitor, the completion date is fixed and both sides are committed to proceed.
If a buyer fails to complete after exchange, they may lose the deposit and face further claims. If a seller fails to complete, the buyer may have legal remedies. That is why your solicitor will only exchange once the legal position, funding and agreed terms are in place.
7. Preparing for completion
Between exchange and completion, your solicitor requests mortgage funds from the lender, prepares a completion statement and carries out final checks. For a purchase, this includes a priority search to protect your interest in the title before registration. A bankruptcy search may also be required by the lender.
Your completion statement sets out the money needed to finish the purchase, including the balance of the price, legal fees, search fees, Stamp Duty Land Tax where applicable, and any apportionments for service charges or ground rent. Check it promptly and transfer cleared funds in good time.
For a sale, the solicitor obtains a redemption statement for any existing mortgage and calculates the sum that will be repaid from the sale proceeds.
8. Completion, keys and registration
On completion day, the buyer’s solicitor transfers the purchase money to the seller’s solicitor. Once it arrives, the seller’s solicitor confirms completion and the estate agent can release the keys. Completion times vary, particularly where a chain is involved, so it is wise to keep moving arrangements flexible.
The work does not always end with the keys. Your solicitor pays any Stamp Duty Land Tax due, submits the application to HM Land Registry and deals with registration requirements. Registration can take longer for some titles, particularly new builds, leasehold properties or land that has not been registered before. Your solicitor will confirm when the updated title is available.
Common causes of conveyancing delays
Delays are frustrating, but they are often caused by issues that need proper attention rather than poor progress. Missing documents, slow mortgage offers, survey findings, unresolved enquiries, leasehold management packs and a long property chain are frequent causes.
Sellers can help by returning forms promptly, locating planning permissions and guarantees early, and responding quickly to requests for information. Buyers can help by organising their deposit evidence, progressing their mortgage application promptly and reading reports as soon as they arrive. Clear communication helps everyone make informed decisions when a problem appears.
Protecting your position throughout the transaction
Residential conveyancing is not just about moving documents from one party to another. It is about identifying obligations that could affect your home, finances and future plans. The right advice can help you decide whether to proceed, renegotiate, seek a solution from the seller or accept a manageable risk with full knowledge of the consequences.
At Cooper Hall Solicitors, clients receive practical, clear guidance at every stage of a property transaction. If something is unclear, ask before exchange. A measured question early in the process can protect your investment long after the moving boxes have gone.
