Residential Property
Residential Property Solicitors
Every home purchase, sale or remortgage needs conveyancing, the legal work that transfers ownership and registers the result. Here is what a residential property solicitor does, what it usually costs and what slows transactions down in England and Wales.
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Overview
What residential property law covers
Residential property work, usually called conveyancing, is the legal side of transferring ownership of a home. It includes checking the seller really owns the property, investigating anything that affects it, handling the money and registering the new owner at HM Land Registry.
Your solicitor also acts for your mortgage lender in most purchases, so the lender’s requirements shape much of the work.
- Searches
- Enquiries made of the local authority and other bodies about planning, roads, drainage and environmental risks affecting the property.
- Exchange of contracts
- The point at which the sale becomes legally binding and a completion date is fixed.
- Completion
- The day the money is transferred and ownership passes. This is usually when you collect the keys.
- Leasehold / freehold
- Freehold is outright ownership of the building and land; leasehold is ownership for a fixed number of years under a lease.
Common situations
When you may need a residential property solicitor
Most people instruct a solicitor at one of a few clear moments.
- You have had an offer accepted on a home, or accepted an offer on yours.
- You are switching mortgage lender.
- You are adding a partner to the title, or removing one after separation.
- Your lease is getting shorter and you want to extend it.
The solicitor’s role
How a residential property solicitor can help
On a purchase, your solicitor reviews the contract and title, raises enquiries with the seller’s solicitor, orders searches, reports to you on anything significant, and manages exchange, completion, Stamp Duty Land Tax and registration. On a sale they prepare the contract and answer the buyer’s enquiries.
The process
How a purchase usually progresses
- 1
Instruct
You instruct a solicitor, complete ID checks and provide your mortgage offer.
- 2
Contract & title review
The seller’s solicitor sends the draft contract and title documents.
- 3
Searches & enquiries
Your solicitor orders searches and raises questions about anything unclear.
- 4
Review & report
You receive a report on the property, sign the contract and transfer your deposit.
- 5
Exchange
Contracts are exchanged and the deal becomes binding.
- 6
Completion & registration
Funds are sent, you get the keys, and your solicitor pays any Stamp Duty and registers you as owner.
Costs
What does a residential property solicitor cost?
Conveyancing is commonly priced as a fixed fee, plus ‘disbursements’. These are third-party costs such as searches, Land Registry fees and Stamp Duty Land Tax. Leasehold, new-build, shared ownership and unregistered properties usually cost more. Ask exactly what the quote includes.
Getting ready
What to prepare before contacting a solicitor
- Photo ID and proof of address
- Your mortgage agreement in principle or offer
- Evidence of where your deposit is coming from
- The estate agent’s memorandum of sale
- For a sale: title deeds, guarantees, planning or building control documents
Choosing a solicitor
Choosing a solicitor
Check the firm is on your lender’s panel if you have a mortgage, and ask whether it deals regularly with leasehold or new-build purchases if relevant. Ask who will handle your file and how you can reach them.
Every firm listed on Verified Solicitors is regulated by the Solicitors Regulation Authority. You can compare firms’ profiles, locations and reviews before getting in touch.
Find residential property solicitors
Search Verified Solicitors for SRA-regulated firms that handle residential property matters, then compare their profiles.
- Verified solicitors
- Regulated firms
- Free to use
Frequently asked questions
How long does conveyancing take?
It varies widely with the chain, searches and the property type. Simple transactions may take a couple of months; leasehold or chains can take longer.
Can I pull out before exchange?
Yes. Until contracts are exchanged either side can withdraw, although costs already incurred are usually payable.
Do I need a solicitor to buy a house?
It is not a legal requirement, but conveyancing involves checking title, ordering searches, reviewing the contract, meeting your lender’s requirements and registering ownership at HM Land Registry, so almost all buyers use a solicitor or licensed conveyancer. Mortgage lenders generally require one.
When should I instruct a conveyancer?
As soon as your offer is accepted, or when you accept an offer on your own home. Instructing early means ID checks and initial paperwork can start before the draft contract arrives.
What’s the difference between a solicitor and a licensed conveyancer?
Both can handle conveyancing. Solicitors are regulated by the Solicitors Regulation Authority and can also advise on wider legal issues; licensed conveyancers are property specialists regulated by the Council for Licensed Conveyancers. For a straightforward transaction either is suitable.
What searches are carried out when buying a property?
Typically local authority, drainage and water, and environmental searches, with others added depending on the area. They reveal planning, roads, drainage and environmental risks affecting the property.
Related legal services
The information on this page is general information, not legal advice. The law and procedures can change and how they apply will depend on your circumstances.