Whether you are buying your first home, moving up the ladder, or selling a property you have owned for years, the legal process can feel overwhelming. Sewell Mullings Logie has been helping people buy and sell property across Cirencester, the Cotswolds, and the wider Gloucestershire and Wiltshire area since 1797. The conveyancing solicitors at SML Law put together this guide to answer the questions we hear most often, so you know what to expect at every stage.
A conveyancing solicitor manages the legal transfer of property ownership from one person to another. When you buy or sell a property, your conveyancer handles title checks, property searches, contract review, and the exchange and completion process. In England and Wales, conveyancing is a legal process and you are not required by law to use a solicitor, but your mortgage lender almost certainly will require one. Trying to handle it yourself carries serious legal and financial risk. A qualified property solicitor protects your interests at every stage of the transaction.
Conveyancing fees vary depending on the property value, whether it is freehold or leasehold, and whether you are buying, selling, or doing both. As a guide, solicitor fees for buying a house typically start from £900 to £1,500 plus VAT. On top of that, you pay disbursements, which are third-party costs your conveyancer pays on your behalf. These commonly include property search fees, Land Registry fees, and Stamp Duty Land Tax. Always ask your conveyancing solicitor for a full written quote upfront so you can see the total cost before you commit.
A disbursement is a cost your conveyancer pays to a third party on your behalf and then passes on to you. Common conveyancing disbursements when buying a property include local authority search fees (typically £100 to £250), drainage and water search fees, environmental search fees, Land Registry registration fees, and Stamp Duty Land Tax if applicable. Some disbursements are fixed costs and others vary by location. A good property solicitor will give you a detailed breakdown of expected disbursements at the start of your instruction.
How long conveyancing takes depends on the complexity of the transaction and whether you are part of a chain. A straightforward freehold purchase with no chain can complete in six to eight weeks. A leasehold purchase or a property in a long chain can take three to four months or longer. In the Cotswolds property market, where rural properties and listed buildings are common, transactions can take longer because of additional searches, planning history checks, and mortgage conditions tied to non-standard construction. The conveyancing team at Sewell Mullings Logie handles these more complex transactions regularly and will keep you updated at every stage.
Exchange of contracts is the point at which the sale becomes legally binding. Both parties sign identical contracts and they are exchanged between conveyancers. At this point, you pay your deposit and a completion date is set. If either party pulls out after exchange, there are serious financial penalties. Completion is the day the remaining money transfers and you receive the keys. The property legally becomes yours at completion. The two events can happen on the same day, but they are usually separated by one to four weeks.
Yes. Simultaneous exchange and completion is possible, though it carries more risk. It is common in straightforward transactions with no chain, such as a cash purchase or where a buyer has no property to sell. Because there is no gap between exchange and completion, there is no period where you are legally committed but waiting. If anything goes wrong on the day, the whole transaction can unravel. Your conveyancer will advise you whether same day exchange and completion is suitable for your circumstances.
Property searches are enquiries made to various authorities to check for issues that would not show up in a physical inspection. The standard conveyancing searches include a local authority search, which checks for planning permissions, building regulations, and road adoption; a drainage and water search, which confirms whether the property is connected to mains water and sewage; and an environmental search, which flags contaminated land, flood risk, and ground stability. For properties in Cirencester and across the Cotswolds, the property solicitors at SML Law may also recommend additional searches depending on location, including limestone ground stability searchesor checks related to chancel repair liability, which can affect older properties in rural parishes throughout the region.
If you are buying with a mortgage, your lender will require certain searches, including the local authority search and drainage search. You cannot opt out of these. If you are a cash buyer, you can technically choose which searches to order, but doing so is risky. Searches exist to protect you. Skipping them to save money could mean buying a property with flood risk, planning enforcement notices, or contaminated land you were not aware of. Your conveyancing solicitor will recommend the right searches for your property and location.
A title check is your conveyancer's review of the Land Registry title register and any title deeds held for the property. It confirms who the legal owner is, whether there are any charges or mortgages secured against it, and whether there are any restrictive covenants, easements, or rights of way that affect the property. Problems can include missing planning permissions, boundaries that do not match the title plan, restrictive covenants that limit what you can do with the property, and title defects that could make the property difficult to sell in future. The conveyancing solicitors at Sewell Mullings Logie carry out thorough title checks on every transaction and will raise any concerns with you before you commit to exchange.
The TA6 Property Information Form is a document the seller completes at the start of the conveyancing process. It asks for details about the property including boundaries and disputes, alterations and planning permissions, building regulations certificates, service charges, notices received from neighbours or councils, and any known disputes. Sellers are legally required to answer honestly. Buyers should read the completed form carefully because the answers form part of the contract. If you are selling, your conveyancing solicitor will guide you through completing it accurately.
If a seller deliberately withholds information or gives misleading answers on the property information form, they could be liable for misrepresentation. This means the buyer may have grounds to rescind the contract or claim damages after completion. The key word is deliberate. If a seller genuinely did not know about an issue, it is harder to pursue a claim. This is why buyers should carry out thorough property searches and a structural survey, rather than relying solely on the seller's disclosures. If you have concerns about anything in the form, speak to your conveyancer before you proceed.
A leasehold property is one where you own the building or flat for a fixed term, but not the land it sits on. The land is owned by a freeholder or landlord. When you buy leasehold, your conveyancing solicitor will review the lease agreement, check the length of the lease (anything below 80 years can cause mortgage and resale problems), review service charge and ground rent terms, and check whether the landlord is managing the building properly. Leasehold conveyancing takes longer than freehold because there are more documents to review and more parties involved.
Before buying leasehold, check the remaining lease length. Lenders typically require at least 70 to 85 years remaining. Check the ground rent level, as high or escalating ground rents can make a property hard to mortgage or sell. Review the service charge history and ask for the last three years of accounts. Ask whether there are any planned major works and whether a Section 20 notice has been served. Find out who the freeholder is and whether the building is managed well. Your conveyancer will raise these questions formally through the management pack process.
A leasehold management pack (sometimes called a managing agent's pack) is a set of documents provided by the freeholder or managing agent. It includes the service charge accounts, building insurance details, major works history, any outstanding disputes, and confirmation of the ground rent schedule. The pack is needed by your conveyancing solicitor before exchange. The cost varies but is typically between £200 and £500, usually paid by the seller. It can take several weeks for the managing agent to produce it, which is a common cause of delay in leasehold transactions.
Stamp Duty Land Tax (SDLT) is a tax paid to HMRC when you buy a property in England or Northern Ireland above a certain threshold. The rate you pay depends on the purchase price, whether it is your main residence, and whether you are a first-time buyer. First-time buyer Stamp Duty relief is available on properties up to £500,000. If you already own a property, you will pay an additional 3% surcharge on top of the standard rates. Your conveyancer calculates and submits your SDLT return to HMRC on completion day and the tax must be paid within 14 days of completion.
Yes. HMRC counts overseas property ownership when calculating Stamp Duty Land Tax. If you own a property anywhere in the world and are buying a second property in England or Northern Ireland, you are likely to pay the 3% SDLT surcharge on top of standard rates. There are some limited exceptions and reliefs available. Your conveyancing solicitor should clarify your position early in the process, and our commercial property team can also advise if the purchase involves overseas structuring. If you are unsure about your SDLT liability, it is worth seeking specific tax advice before you commit to a purchase.
A mortgage offer is the formal written confirmation from your lender that they will lend you a specific amount to purchase a specific property. It is issued after the lender has completed their own valuation and approved your application. Your conveyancer needs to receive a copy of the mortgage offer before they can proceed to exchange. They will check the offer conditions and report back to you on anything that requires action. Most mortgage offers are valid for three to six months. If your transaction takes longer, you may need to request an extension from your lender.
A mortgage offer condition is a requirement the lender places on the offer that must be satisfied before they will release funds. Common conditions include providing further proof of income, obtaining a new build warranty, getting a specific repair carried out before completion, or providing a deed of variation for a leasehold property. Your conveyancing solicitor is responsible for reporting conditions to you and making sure they are met. Some conditions are straightforward. Others can cause significant delays, particularly if they require work to be completed or third parties to provide documents.
Indemnity insurance is a one-off policy that protects a buyer and their lender against a specific legal defect or risk with a property. It is commonly used where planning permission or building regulations approval is missing, where there is a breach of covenant, or where there is a title defect that cannot easily be corrected. Across the Cotswolds, where many properties are listed buildings or sit within conservation areas, missing consents for alterations are a relatively common issue that indemnity insurance can resolve. The team at SML Law will recommend it where appropriate. It is paid once and the policy lasts for the lifetime of the property, typically costing between £20 and a few hundred pounds.
A completion statement is a financial summary produced by your conveyancing solicitor showing all money coming in and going out on your transaction. It includes the purchase price, your deposit, your mortgage advance, solicitor fees, disbursements, and Stamp Duty. It shows exactly how much money you need to send to your conveyancer before completion. You should receive your completion statement at least a few days before the completion date so you have time to transfer funds. Check it carefully and query anything you do not recognise before you transfer any money.
On completion day, your conveyancer sends the outstanding purchase funds to the seller's solicitor. Once the seller's solicitor confirms receipt, they authorise the release of keys, usually via the estate agent. As a buyer, your main job is to make sure your funds are already sitting with your conveyancing solicitor and your phone is on. As a seller, you need to have vacated the property and handed keys to the agent by the agreed time, usually midday. Your property solicitor handles the legal and financial side. The whole process can take a few hours depending on how long the chain takes to complete.
The completion date and time are set in the contract. If a seller fails to vacate on time, they are technically in breach of contract. The buyer can claim interest on the outstanding funds and in serious cases can issue a notice to complete, giving the seller ten working days to complete before the buyer can rescind the contract and claim damages. In practice, most delays on completion day are resolved within a few hours. If you are buying and selling on the same day, a delay in one part of the chain affects everyone. Keep your conveyancer informed and let them manage communication across the chain.
A property chain is a sequence of linked transactions where each sale depends on the one before it completing. If you are buying a property from someone who is also buying, and their seller is also buying, you are all in the same chain. If anyone pulls out before exchange of contracts, the whole chain can collapse. After exchange, withdrawing carries heavy financial penalties. If a chain breaks after exchange, the party who caused the collapse is liable to pay the deposit as compensation to the party above or below them. Your conveyancing solicitor will keep you informed of chain progress throughout.
Yes, you can pull out after exchange of contracts, but the financial consequences are serious. As a buyer, you will lose your deposit, typically 10% of the purchase price. The seller can also pursue you for any additional losses they suffer. As a seller, if you pull out after exchange you must return the buyer's deposit and could face a claim for damages. This is why exchange is treated as the point of no return in conveyancing. Before exchange, either party can withdraw without penalty, which is why your conveyancer will advise you not to make firm moving arrangements until contracts have exchanged.
Gazumping happens when a seller accepts a higher offer from another buyer after already agreeing a sale with you, but before exchange of contracts. Because an agreed sale is not legally binding until exchange, this is legal. It is most common in a rising market. To reduce the risk, ask the seller to take the property off the market once your offer is accepted. Moving quickly through conveyancing also helps. The longer you spend before exchange, the greater the window for another buyer to appear. Some buyers pay for a lock-out agreement or exclusivity agreement. Ask your conveyancing solicitor whether this is worth considering for your transaction.
When you pay your exchange deposit, usually 10% of the purchase price, your conveyancer holds it in a client account. Conveyancing solicitors are regulated by the Solicitors Regulation Authority (SRA) and are required to keep client money completely separate from their own funds. At Sewell Mullings Logie, client money is held in accordance with the SRA Accounts Rules and protected under the SRA Compensation Fund in the unlikely event of firm insolvency. You should never transfer your deposit directly to an estate agent or seller. Always pay through your property solicitor.
If you are buying a property with someone else, you need to decide how you will own it. Joint tenants means you own the property equally and if one of you dies, the other automatically inherits the whole property, regardless of what your will says. Tenants in common means you each own a defined share, which can be equal or unequal, and each share can be left to whoever you choose in your will. Tenants in common is often used where buyers are contributing different deposit amounts or where either party has children from a previous relationship. Your conveyancing solicitor will ask you to confirm your preference and draw up a declaration of trust if needed.
After completion, your conveyancer must register the change of ownership with HM Land Registry. They submit an application on your behalf, paying the appropriate Land Registry fee. If you bought with a mortgage, the lender's charge is also registered against the title at this point. Until registration is complete, you are the beneficial owner of the property but the title register still shows the previous owner. Your property solicitor will send you official copies of your updated title register once registration is confirmed.
Land Registry registration times vary depending on the complexity of the application and current processing volumes. Straightforward applications can take a few weeks. Complex applications, particularly those involving new build properties, leasehold titles, or first registrations, can take several months. HM Land Registry publishes current expected processing times on their website. Your conveyancing solicitor will submit an application to protect your priority immediately after completion, which means your ownership is safe even while the full registration is being processed.
Your options depend on the nature of the problem. If the seller misrepresented something on the property information form, you may have a claim for misrepresentation. If your conveyancer missed something they should have caught during due diligence, you may have a claim against them for professional negligence. If there is an issue covered by an indemnity insurance policy put in place during the transaction, you can make a claim on that policy. Contact your conveyancing solicitor first. If you believe they are at fault, raise a complaint through their internal complaints process and escalate to the Legal Ombudsman if needed. If your transaction was handled by SML Law, our team will always respond promptly to any post-completion concerns.
Sewell Mullings Logie has been helping clients buy and sell property in Cirencester and across the Cotswolds for over 200 years. Whether you are a first-time buyer, moving home, or dealing with a more complex transaction involving a listed building, rural estate, or leasehold property, the team at SML Law is here to help.
We handle conveyancing for clients throughout Cirencester, Tetbury, Burford, Moreton-in-Marsh, Stroud, and the wider Gloucestershire and Wiltshire area. Get in touch with our Cirencester office to request a quote or speak to one of our conveyancing solicitors about your transaction.
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7 Dollar Street, Cirencester. GL7 2AS
Tel: 01285 650 000
Fax: 01285 649 898
DX: 39400 Cirencester
Email: info@sml-law.co.uk
Tel: 01285 650 000
Fax: 01285 649 898
DX: 39400 Cirencester
Email: info@sml-law.co.uk
