Buying Your First Home: The Legal Process Explained

Conveyancing is the legal process of transferring ownership of a property from seller to buyer. For most people buying their first home, it is unfamiliar territory involving searches, surveys, mortgage offers, and a bewildering amount of paperwork. This guide explains what happens at each stage and what your solicitor is doing on your behalf.

Instructing a solicitor

You should instruct a conveyancing solicitor as soon as your offer is accepted — before the survey and before the mortgage offer is finalised. Your solicitor will open a file, carry out anti-money laundering checks, and request the draft contract and title documents from the seller’s solicitor. Ask for a fixed-fee quote that includes all disbursements — searches, Land Registry fees, and Stamp Duty Land Tax.

Searches

Your solicitor will carry out a series of property searches. A local authority search reveals planning history, enforcement notices, road adoption status, and whether the property is in a conservation area. A water and drainage search confirms whether the property is connected to public sewers. An environmental search checks for flood risk, contaminated land, and mining history. Additional searches may be required depending on the location of the property.

The mortgage offer

Once your lender issues a formal mortgage offer, your solicitor will review it and report to you on its terms and conditions. They act for both you and your lender on a standard residential purchase. They will ensure the property provides adequate security for the mortgage and that any conditions attached to the offer are met before completion.

Exchange of contracts

Exchange is the critical moment. Both parties sign the contract, a completion date is agreed, and your deposit — typically 10% of the purchase price — is transferred to the seller’s solicitor. Once exchanged, both parties are legally bound. If you pull out after exchange, you lose your deposit. If the seller pulls out, you can sue for breach of contract. Exchange and completion can happen on the same day in some transactions.

Completion

On completion day, the balance of the purchase price is transferred by your solicitor to the seller’s solicitor. Once received, the seller’s solicitor authorises release of the keys. Your solicitor then registers your ownership at HM Land Registry and pays any Stamp Duty Land Tax due. You are now the legal owner of your new home.