Conveyancing is the legal work of transferring ownership of a home from the seller to the buyer. In England and Wales it follows a set order, and an offer has no legal force until contracts are exchanged. This guide follows GOV.UK’s guide to buying a home, the Law Society’s consumer guidance and HM Land Registry’s fraud advice. It covers England and Wales only, because Scotland and Northern Ireland use different systems. It is general information, not legal advice.
Who can carry out the legal work
GOV.UK says the legal work can be handled by a solicitor, a licensed conveyancer, a chartered legal executive or a CILEX practitioner. The Law Society adds that firms in its Conveyancing Quality Scheme meet its standards of expertise and client service.
GOV.UK says a buyer must be told if an estate agent or lender receives a referral fee for recommending a legal professional, and nobody has to use the firm recommended. The Law Society advises comparing costs and checking what is payable if the sale falls through, because some solicitors charge even when a purchase does not complete. The guide to solicitor fees explains the charging models, and checking that a solicitor is regulated covers the first safeguard.
From offer to draft contract
Offers are usually made through the seller’s estate agent. GOV.UK states that an offer is not legally binding in England and Wales until contracts are exchanged, and an offer made “subject to contract” leaves the price open to renegotiation, for example after a survey finds a defect. The Law Society says the buyer can renegotiate or withdraw at any point before exchange.
The Law Society also describes an optional reservation agreement, drawn up between the solicitors to show commitment. If the seller changes their mind before exchange the seller may have to pay the buyer compensation, and a buyer who withdraws may have to pay the seller.
GOV.UK says the seller is responsible for drawing up the contract. It sets out the price, boundaries, fixtures and fittings included, legal restrictions or rights such as public footpaths, planning restrictions, services and the completion date.
Searches and enquiries
The buyer’s solicitor makes enquiries about the property, known as searches. The Law Society lists the usual ones:
- an HM Land Registry check, to prove that the seller is the legal owner;
- a local authority search, made up of the Local Land Charges Register (which can reveal planning decisions, tree preservation orders and money owed to the council) and enquiries about issues such as proposed roads and building regulation consent;
- an environmental search, covering contaminated land, radon and flood risk; and
- a water and drainage search, using the CON29DW form.
The Law Society says lenders insist on certain searches, and that they are not mandatory for a cash buyer but are usually carried out anyway. GOV.UK notes they are normally paid for up front.
Exchange of contracts
Once both sides are content, each signs a copy of the contract and the solicitors swap them. The Law Society says the buyer’s solicitor also transfers the deposit to the seller at this point. GOV.UK says the agreement to sell and buy becomes legally binding on exchange and usually neither side can pull out without paying compensation. The Law Society warns that a buyer who withdraws after exchange could lose the deposit and face other legal costs.
Completion, tax and registration
Completion is when the balance of the price is paid. The Law Society describes it as the buyer’s solicitor transferring the purchase price less the deposit already paid, after which the buyer owns the property and can collect keys once the Code for Completion has been followed by both solicitors and the seller’s solicitors have received the money.
The Law Society says the solicitor will usually arrange payment of Stamp Duty Land Tax to HMRC within 14 days of completion for property in England, while Land Transaction Tax is payable to the Welsh Revenue Authority within 30 days for property in Wales. The solicitor then applies to HM Land Registry to register the buyer as owner, and the Law Society states that registration cannot take place until the Land Registry has evidence that the tax return was made.
Fraud risks during a purchase
GOV.UK warns that buyers should check they are speaking or emailing the person or business they think it is, and that money goes to the correct account. HM Land Registry’s blog describes payment diversion fraud, in which criminals pretend to be solicitors, estate agents or buyers and use fake email addresses or invoices. It reports 143 cases of conveyancing fraud to Action Fraud between April 2024 and March 2025, with losses of £11.7 million. HM Land Registry also promotes its free Property Alert service, which emails owners about significant activity on a property they monitor.
FAQs
Is an accepted offer binding in England and Wales?
No. GOV.UK says an offer is not legally binding until contracts are exchanged.
How long does a purchase take?
GOV.UK says buying a home takes about five months on average, and longer if the buyer is part of a chain.
When do I become the owner?
Ownership passes at completion, when the solicitor transfers the money and the transfer documents are released, according to GOV.UK and the Law Society.
Who can I complain to about the legal work?
GOV.UK directs complaints about a legal professional to the Legal Ombudsman, after using the firm’s own complaints procedure. The guide to complaining about a solicitor explains the route.
The bottom line
In England and Wales a home purchase is legally binding only at exchange of contracts, when the deposit moves and the completion date is fixed. Before that point both sides can withdraw, and searches, survey and mortgage offer should be settled. After completion the solicitor deals with tax and Land Registry registration. A regulated legal professional, costs agreed in advance and checked payment details guard against the main risks. This is general information, not legal advice.
Sources
- Buying a home (gov.uk)
- Buying a home (lawsociety.org.uk)
- How HM Land Registry works to protect property owners (hmlandregistry.blog.gov.uk)