When buying a house in the UK, one of the most important steps is the conveyancing process, which ensures that all legal aspects of the property transfer are handled properly. Solicitors or licensed conveyancers manage this process on your behalf, ensuring the purchase is safe and legitimate. But what exactly do they check when you’re buying a house?
Here’s a step-by-step breakdown of the key checks solicitors perform during the property purchase process.
1. Title Deeds and Ownership
One of the first things a solicitor checks is the title deed of the property. This confirms who legally owns the property and whether they have the right to sell it. They’ll verify the title is freehold (you own the land) or leasehold (you own the property for a set period but not the land) and ensure there are no restrictions or issues, such as disputed ownership.
2. Property Boundaries
Solicitors will investigate the exact property boundaries and compare them to what’s being sold. They ensure that the land and property match the description on the title deed and there are no disputes with neighbours over land or shared spaces. Knowing precisely what you are buying is crucial, especially with shared driveways or garden boundaries.
3. Local Authority Searches
A local authority search is essential to uncover any potential issues that may affect the property. This search checks for:
- Planning permissions: Whether any planning applications have been made that could affect the property or surrounding area.
- Building regulations: Ensures any past extensions or alterations have been approved.
- Road schemes or developments: Confirms if there are any plans for major roadworks or developments near the property.
- Conservation areas: Whether the property lies in a conservation area or is a listed building, which can affect what changes can be made to the property.
4. Environmental Searches
An environmental search is carried out to identify risks such as flooding, subsidence, or contamination. These checks are crucial for properties in areas prone to natural issues, ensuring you’re not investing in a property with hidden problems.
In the UK, many properties are also checked for proximity to radon gas, which can seep through the ground, and solicitors will inform you if any risks are present.
5. Water and Drainage Search
Solicitors will perform a water and drainage search to confirm whether the property is connected to the public water supply and sewage system. They’ll check for any public drains that may run across the property and advise if this could affect any building work you may want to carry out in the future.
6. Chancel Repair Liability
One lesser-known check involves Chancel Repair Liability, a historical law dating back centuries. Some properties in certain parts of the UK may be liable to contribute towards the repair of a local church. Solicitors will carry out a chancel check to determine if your property is affected and whether insurance may be needed.
7. Checking Contracts
The solicitor’s role includes ensuring that the sale contract is accurate and fair. They will check that all agreed conditions, including price, completion date, and any included fixtures and fittings, are documented correctly. If there are any unusual clauses or conditions, they’ll flag these for your attention and provide advice on the risks.
8. Reviewing the Mortgage Offer
If you’re purchasing the property with a mortgage, your solicitor will review the mortgage offer to ensure everything is in order and that the conditions match your agreement with the lender. They’ll also liaise with the lender to arrange the release of the funds at the correct stage of the purchase process.
9. Land Registry and Stamp Duty
Once the purchase is completed, solicitors will handle the legal aspects of transferring ownership by registering the property in your name with the Land Registry. They will also calculate and pay Stamp Duty Land Tax (SDLT) on your behalf, if applicable, ensuring everything is done within the legal deadlines.
10. Completion and Exchange of Contracts
Finally, solicitors will oversee the exchange of contracts, the point at which the sale becomes legally binding. They’ll handle the transfer of funds from your lender (or yourself, if buying without a mortgage) to the seller’s solicitor. On completion day, the property officially becomes yours, and your solicitor will ensure you receive the keys.
Why is a Solicitor Important in the Buying Process?
The UK property market can be complex, with many legal pitfalls that the average buyer may not be aware of. Solicitors ensure that your interests are protected and that you are fully informed about the property you’re purchasing. They can also identify potential problems that could cause complications down the line, such as boundary disputes or unresolved planning issues.
Choosing a reliable solicitor is essential to ensure a smooth and legally sound property transaction. It’s worth investing in a solicitor who communicates well and can provide clear guidance throughout the process.
Conclusion
Solicitors play a vital role in the home-buying process, checking everything from ownership rights to potential environmental risks. Their thoroughness ensures that you can move forward with confidence, knowing that all legal matters have been addressed. Whether it’s checking the title deed, arranging searches, or liaising with your mortgage lender, a solicitor’s expertise makes the complex process of buying a house much easier to navigate.
If you’re planning to buy a property, make sure you choose an experienced solicitor or conveyancer to guide you through the process and safeguard your investment.
