Conveyancing is the name given to the legal process involved in buying a property. Typically, conveyancing takes around 12 to 16 weeks from having an offer accepted to moving in, but this should be treated as a very rough guide rather than a deadline. The reality is that conveyancing doesn’t really have one fixed timescale. Chains, mortgage arrangements, searches, enquiries and property-specific factors all come together to determine the timeline, and it’s not easy to predict.
Conveyancing is a complicated process with several aspects that overlap. Let’s break down the aspects that typically influence how long it takes, and what can cause the clock to stop.
Getting the legal work started
Once a seller accepts the offer on their property, the buyer instructs a solicitor or licensed conveyancer to get going on the legal side of things. The seller’s solicitor will prepare a contract package for the buyer’s solicitor to review, which will usually contain:
- a draft contract
- title information and a plan of the property
- a fixtures and fittings form
- a property information form
- any additional paperwork relating to the property
The speed of this part of the process can depend on how quickly the seller instructs their solicitor, supplies the required information and gets the contract pack issued. So it’s a good idea to instruct your solicitor promptly once your offer is accepted and return all requested information to them as quickly as possible.
Searches and mortgages
The buyer’s solicitor will submit searches through a search provider and the searches will include a local authority search, a water and drainage search and an environmental search. Additional searches can sometimes be required depending on the property and its location, for example flood or mining searches.
The local search can reveal useful information such as the planning history of the property, whether the road abutting the property is adopted and maintained by the council, whether the property is in a conservation area, whether there are any trees on the property protected by a tree preservation order and any potential proposals for certain roads or rail schemes.
The time it takes for searches to be carried out depends on the search provider and often the local authority, and can sometimes take several weeks or more. But it’s important to remember that searches are only one of a few overlapping processes in a conveyancing transaction.
If the buyer needs a mortgage, the mortgage lender conducts its own assessment before agreeing to lend on that particular property. This isn’t the same as a survey to check the condition of the property – which the buyer can commission themselves – and may not even be carried out in person. The point of the valuation is to make sure the property is suitable for the lender to secure money against.
Enquiries
This can be one of the less predictable stages of the conveyancing process. An enquiry is essentially a question that is raised by the buyer’s solicitor based on all the information supplied. It is important that the buyer’s solicitor is satisfied that, if there are any legal risks associated with the property, these are investigated. It’s also essential that the buyer understands what they are buying and, where relevant, that the mortgage lender’s requirements have been met.
The sort of enquiries that may be made include:
- Whether any building work carried out at the property complied with any planning permission requirements or building regulation approval
- That any restrictions on the title of the property have been complied with
- If there are any missing areas of land which should be included in the title plan
Sometimes a question takes one email to resolve, or there may be correspondence back and forth between the solicitors. Sometimes it requires documents from a local authority, managing agent, lender, management company or another landowner.
Property type and location
The conveyancing process is the same in all parts of the country, but the sort of property you’re buying can make a big difference to how long it takes because it determines what your solicitor needs to investigate.
For example, a rural property like many in the South West may use a septic tank or small sewage treatment plant rather than mains drainage. This can generate additional enquiries compared with buying a house connected directly to mains drainage.
Coastal, riverside or low-lying properties may require more extensive enquiries relating to flood risk, while remote or rural properties with private water supplies like springs and boreholes may also have responsibilities and liabilities that come with them. It means the cottage with a spring-fed water supply may be exactly why you’re moving to rural Devon – but your solicitor still needs to understand how that supply works legally.
If you are buying a leasehold rather than a freehold property this can also increase how long a transaction will take. A leasehold purchase will usually involve dealing with one or more management companies or landlords. The seller’s solicitor will need to obtain information from them (usually at a cost to the seller) and this information can take some time for the management company to put together. The buyer’s solicitor may also need to raise further enquiries on receipt of that information.
Property chains
It can be frustrating if the conveyancing on the property you’re buying is finished but completion day still feels far away. But it’s often the reality if you’re buying as part of a chain, which links several sales and purchases together.
You might have everything ready to go on your side but still be unable to exchange because someone two transactions further down the chain isn’t ready.
What makes conveyancing quicker?
Some conveyancing delays are outside your control, but not all of them. Some of the things you can do to give yourself the best chance of a smooth process are:
- instruct an experienced solicitor early
- provide ID/source-of-funds information promptly
- submit the full mortgage application quickly
- pay requested search money promptly
- arrange a survey early on
- respond quickly when their solicitor needs instructions or information
Conveyancing FAQs
How long does conveyancing usually take?
Usually around 12-16 weeks from buying subject to contract to moving in, butevery transaction differs. Chains, mortgage arrangements, searches, enquiries and property-specific issues can all affect the timetable.
Can conveyancing be completed quickly if there is no chain?
A chain-free purchase can remove one common source of delay, but it doesn’t guarantee a particular completion date. Searches, finance, surveys and legal issues still have to be dealt with.
What searches are carried out when buying a house?
Standard searches commonly include local authority, water and drainage and environmental searches. Depending on the location and property, the solicitor may advise additional searches.
Can I speed up conveyancing?
You can help avoid unnecessary delays by instructing your solicitor promptly, supplying requested documents quickly, arranging your mortgage and survey and responding to queries. Some delays, particularly elsewhere in a chain or involving third parties, are outside your control.
To work with an experienced South West solicitor, get in touch with Amicus Law today.
