Buying a home is one of the most significant financial decisions you’ll ever make, and it can be a complex process. One of the most common questions we get asked by clients is: How long does it take to buy a home? While the timeline can vary, several key factors influence how long it will take from making an offer to finally securing the keys to your new property. In this blog, we’ll explore the typical timeline for buying a home and the variables that can affect the process.

Average Timeline for Buying a Home

In the UK, the process of buying a home typically takes between 8 to 12 weeks, but it can sometimes stretch beyond that. Some buyers may complete the process in as little as 6 weeks, while others could take 16 weeks or more. The length of time it takes will largely depend on the specifics of the transaction and any potential complications that arise.

Key Variables Affecting the Time It Takes to Buy a Home

Several factors can influence how long it takes to complete the purchase of a property. Here’s an overview of the main variables:

1. The Property Type and Chain

The length of the property chain is one of the most significant factors that can impact the speed of your home purchase. A property chain refers to the sequence of transactions that are linked together. For example, if you’re buying a home from someone who is also in the process of buying another property, this creates a chain of transactions that must all be completed before any party can move forward.

• No chain: If you’re purchasing a property with no chain (for example, from a seller who is not buying another property), this can speed up the process considerably.

• Longer chains: A longer chain typically results in a longer wait, as everyone in the chain must complete their transaction before anyone can move.

This can add significant delays, especially if there are complications or issues in any part of the chain.

The property type can also impact the speed of your home purchase. For example, if a property is Leasehold, there will be a Freeholder and usually a managing agent who will need to provide information in relation to the purchase. This could add additional time onto the transaction.

2. Mortgage Approval and Financing

The time it takes to secure a mortgage approval can vary depending on your financial situation, the lender, and the type of mortgage you’re applying for.

• Mortgage application: Once you’ve made an offer on a property, the next step is to apply for a mortgage. This process typically takes between 3 and 6 weeks, though it can take longer if there are complications with your application, such as issues with your credit history or income verification.

• Survey and valuation: As part of your mortgage application, the lender will often require a survey and property valuation. This can take a week or two to arrange and process.

3. Legal and Conveyancing Process

The legal side of buying a home is handled by solicitors or conveyancers, and the speed of this process can be influenced by several factors:

• Title searches and contract review: Once your offer is accepted, your solicitor will conduct a series of checks on the property, including title searches and a review of the seller’s contract. If there are any issues or complications with the title (such as unresolved disputes or unclear ownership), this could delay the process.

• Exchange of contracts: After all the necessary checks are completed, your solicitor will draw up the contract for you and the seller to exchange. The exchange of contracts is a significant milestone, and delays can happen if either party is slow to respond or there are issues with the documentation.

• Completion: The final step is the completion of the sale, which generally happens a few weeks after the exchange of contracts. Completion is when you officially become the owner of the property.

4. Surveys and Inspections

Surveys are an important part of the process of buying a home, but they can take time. While some buyers opt for basic valuations, others may choose more comprehensive surveys (such as a Home Buyer’s Report or Building Survey) to check the structural integrity and condition of the property.

• Survey scheduling: Surveyors may have a backlog, especially in busy periods, which can delay the inspection.

• Repairs and renegotiations: If the survey reveals any issues with the property, this could lead to renegotiations over the price or repairs to be made before completion, which could further extend the timeline.

5. Delays Due to External Factors

Sometimes, external factors can introduce delays into the process, including:

• Planning permissions or legal disputes: If the property you are purchasing has unresolved planning permission issues or is involved in any legal disputes, this can slow things down considerably.

• Market conditions: The housing market’s current state can also play a role. During periods of high demand (e.g., summer months), it may be harder to get timely surveys or valuations, and solicitors and mortgage lenders can become overwhelmed with cases.

• Bank holidays and staff availability: The availability of solicitors, surveyors, and even mortgage lenders can be affected by holidays or staffing issues, leading to delays.

Reducing Delays and Streamlining the Process

While some delays are unavoidable, there are ways to expedite the process of buying a home:

• Be prepared financially: Ensure your mortgage approval and financing are sorted well before you make an offer and be ready to proceed quickly.

• Choose your conveyancer carefully: Select an experienced solicitor or conveyancer who can manage the process efficiently and avoid unnecessary delays.

• Get your surveys and inspections done early: Arrange for any necessary surveys as soon as possible to avoid unnecessary waiting time.

• Be proactive: Stay in regular contact with all parties involved (e.g., your solicitor, mortgage lender, and estate agent) to ensure everything is progressing smoothly.

Managing expectations

While the average time it takes to buy a home in the UK is between 8 to 12 weeks, the actual length of time can vary based on a variety of factors. From the length of the property chain to mortgage approval and the legal aspects of the transaction, each step can influence how quickly or slowly things move forward. By understanding the process and being proactive, you can help minimise delays and move into your new home sooner.

You can contact our Conveyancing team here or call on 01604 936512 / 01908 953674 or email info@franklins-sols.co.uk.

When moving houses, the process can be both exciting and stressful having to organise so much in so little time. It is crucial to ensure that the communication is clear with everyone involved including Solicitors, Estate Agents, Developers and removal companies. This guide will help you to understand the final part of the conveyancing process so you can prepare yourself ahead of the moving day and ensure the day runs smoothly and stress-free.

What is a completion day?

Completion day is known as the last and key stage of the conveyancing transaction, taking place on a weekday. This is when the ownership of the property is transferred from the seller/developers to the buyer. On this day, the buyer’s solicitors will pay the balance of the purchase price to the seller/developer’s solicitors. Once the sellers solicitors have received the monies, the seller’s solicitors will confirm safe receipt and will notify the estate agents or developer’s site office for the keys to be released. The buyer will then be able to obtain the keys for the property either from the estate agents, site office or via other arrangements previously agreed allowing the buyers to move into their new home. The solicitors will then complete the final legal documents to ensure that the property is transferred to the buyer who is the new owner of the property.

Checklist of preparing for completion day

• Arrange contents insurance for your new property
• Ensure all of the funds are with your Solicitors
• Ensure all of the legal documents are with your Solicitors
• Take meter readings for gas, water and electricity and notify utility suppliers of your move
• Update local council with your new details
• Arrange removals well in advance
• Ensure the property is left in good condition

 Problems that could arise on completion day

• Delay in the chain – When there is a big chain involved in a conveyancing transaction, there could be a significant delays in receiving the funds if you are at the top of the chain.

Delay of purchase funds – When purchasing a property, some people may use a combination of funds such as savings and a mortgage meaning that if the buyer or the lender delays on transferring the funds to the solicitors in time then it will cause a delay in completion as the completion cannot take place until the seller’s solicitors are in receipt of the funds and the buyer’s solicitors will not be able to send over the monies to them until they are in receipt of full funds.

You can contact our Conveyancing team here or call on 01604 936512 / 01908 953674 or email info@franklins-sols.co.uk.

The exchange of contracts is known to be one of the most important and one of the last steps of the conveyancing transactions. This is where the contracts that are signed by the sellers and buyers are exchanged between the solicitors usually via phone, it is also the point of the transaction where the buyer will be required to transfer the deposit monies over to the solicitors (usually 10% of the purchase price), if necessary. In some cases, the seller’s solicitors will agree to exchange contracts on NIL deposit meaning that no deposit is required to be transferred to the buyer’s solicitors in readiness for exchange.

The exchange of contracts will not take place until the buyer’s solicitors have carried out all the necessary and vital checks including property searches, source of funds checks, title checks and have all the signed paperwork returned by the buyer. Under Section 2 of the Law of Property Miscellaneous Provisions Act 1989 states that the agreement must be in writing, if the buyer and seller sign their own version then each document must contain all of the same agreed terms or else it will be void. Since effect of the Covid-19, some solicitors have made some changes to allow clients sign paperwork electronically.

Furthermore, the exchange and completion dates will be required to be agreed between all the parties before solicitors are able to proceed with exchange of contracts. The solicitors will not be able to exchange contracts without having a completion date agreed as this is written into the contract at a point of exchange. Once the dates have been agreed and the buyer’s solicitors are in receipt of the deposit monies, they will then contact you to obtain your authorities and will proceed with exchange of contracts; this can take place at any time of the day.

Once the contracts have exchanged, the buyer’s solicitors will then transfer the deposit monies to the seller’s solicitors (unless it is agreed to be ‘held to order) who will hold the monies in a client account until completion and you will be notified as soon as the exchange of contracts have taken place.

The sellers and the buyers can withdraw from the transaction at any time during the transaction as long as the contracts have not exchanged as neither party have a legal obligation to complete in England and Wales. However, once the contracts have exchanged, this becomes legally binding between the seller and the buyer meaning that no parties can withdraw from the transaction as both parties are legally committed to the transaction, or they will have to face a serious legal or financial penalty. By withdrawing from the transaction after the contracts have exchanged, it will suggest that the party is in breach of the terms in the contract; the penalties could include losing deposit monies, having to pay solicitors and third parties fees even if the transaction does not proceed to completion as well as pay interest to the other party in the contract. The risk of either the seller or the buyer withdrawing from the transaction is very low once the contracts have exchanged. 

You can contact our Conveyancing team here or call on 01604 936512 / 01908 953674 or email info@franklins-sols.co.uk.

A Management Pack which is often known as ‘Sales Pack’ containing a set of forms and documents relating to the sale of the property where a service charge is paid to a specific Management Company who maintain shared facilities especially in the cases of flats and apartment blocks. For example, the pack will include the following:

• LPE1 (Leasehold Property Enquiries Form) or FME1 (Freehold Management Enquiries)– This is usually completed by the Landlord or Management Company.
• Accounting information history
• Budgets
• Ground Rent, Service Charge Statements and any Arrears
• Any proposed increases in service charge
• Buildings insurance
• Fire risk assessment and asbestos report
• Detail of any proposed future maintenance works
• Any obligations expected from any new owner
• Notice fees, deed of covenant fees and other freeholder’s fees

In all leasehold transactions and occasionally in freehold transactions where there is a Management Company involved, the seller will be responsible for providing the Management Pack to the buyer’s solicitors for review and is payable by the seller. It is not a legal requirement to provide the pack to the buyer’s solicitors however the buyers solicitors nor the buyer may wish to proceed with the transaction without having a review of the pack as it does include vital information which they will be required to report on to their clients due to due-diligence and compliance.

It is crucial to understand that the management pack may be required when selling a freehold property also, this is often the case where the property is a new build and is part of a larger development where the owners are responsible to contribute towards the upkeep and maintenance of the common areas such as car parking, footpaths, and any other open spaces. The details of the Management Company are usually set out within the Title Deeds under the restrictions section.

The pack will also include any requirements and fees payable to the Landlord or management company for the transaction to proceed. There may be a fee to provide a certificate to comply with a restriction on the title against selling the property without the consent of the management company.

The cost of the pack will depend on the Management Company, each Management Company have their own fee and the prices can vary between £100-£500 and is usually produced within 2-4 weeks once it has been paid for therefore it is important that this is requested at the early stages of the transactions avoiding any further delays. However, some Management Companies offer an additional charge to expedite the pack. Once the buyer’s solicitors had a review, they may wish to raise additional enquiries with the Management Company for further clarification.

You can contact our Conveyancing team here or call on 01604 936512 / 01908 953674 or email info@franklins-sols.co.uk.

Buying a house is a complex process with lots of legal and financial considerations. The conveyancing steps are crucial to making sure everything goes smoothly and legally. While the process usually takes 8 to 12 weeks in England and Wales for residential properties and 4-8 weeks for new build properties, this can vary depending on how complicated the purchase is, how big the chain is, how quickly everyone responds, and any unexpected issues that might come up. It’s important to stay patient, and keep in mind that delays can happen. Being prepared and proactive with your paperwork can help move things along.

Steps to Buying a House

Conveyancing is the legal process of transferring ownership from the seller to the buyer. Here’s a breakdown of how it usually goes:

Getting Started

The buyer hires a conveyancer (such as Franklins Solicitors LLP) to handle the legal side of things once the offer on the property has been accepted. The conveyancer will do identity checks and ask for some initial information, such as proof of funds.

Property Information and Title Checks

The seller fills out a property information form, and their solicitors send over official copies of the title register and plan from the Land Registry, along with any other key details. These documents provide crucial information about the property.

Local Searches

The conveyancer will carry out various checks with local authorities and other relevant bodies including Local, Environmental and Water searches; other searches may also be suggested to be carried out. These might include looking into planning permissions, building regulations, environmental issues, drainage, and other important details about the property and its surroundings.

Review and Enquiries

The conveyancer will review all the documents provided by the seller’s solicitors, ask the seller’s solicitor any necessary questions, and clarify any potential issues or discrepancies found during the process.

Mortgage, Survey and Source of Funds

If you need a mortgage, this is the time to finalise your application; it is recommended to have a mortgage offer accepted at an early stage of the transaction. The lender may require a valuation survey to assess the property’s value. You can also opt for a more detailed survey (like a Home Buyer’s Report or Building Survey) to identify any structural issues which can be arranged directly or via your estate agent. The lender will then issue a mortgage offer to you and your conveyancer. You will also be required to provide source of funds information to show how you will fund your purchase, the conveyancer will request the required documentation.

Contract and Mortgage Offer

Once all the necessary checks are done and everything looks good, you’ll be asked to sign the contract together with other documentation needed depending on the matter. By this point, your mortgage offer should be in place, and any extra conditions should be met.

Exchange of Contracts

The conveyancer will obtain your verbal authority and once obtained will then exchange contracts with the other side of the solicitors, using identical contracts, usually over the phone. This is when the deal becomes legally binding, and you’ll need to pay a deposit, if necessary. Also, if you are purchasing a residential property then the buildings insurance will be required to put in place.

Completion

On the agreed completion date, the remaining balance of the purchase price is transferred to the seller’s solicitor. You can then collect the keys and move in. Also, if you are purchasing a new build property then you will be required to put your buildings insurance in place.

After Completion

The conveyancer will handle the final details, like paying stamp duty, registering the property in your name at the Land Registry, and making sure any outstanding charges against the property are settled. The registration may take up to 2 years to register with Land Registry.

You can contact our Conveyancing team here or call on 01604 936512 / 01908 953674 or email info@franklins-sols.co.uk.

In recent years, new build properties have become increasingly popular among homebuyers, offering the appeal of modern amenities, energy efficiency, and the excitement of a brand-new living space. However, like any significant investment, there are both benefits and drawbacks to consider.

The process of purchasing a new build property can differ somewhat from buying an existing home, making the role of a conveyancing firm such as Franklins crucial for ensuring a smooth transaction, as hassle-free as possible.

In this blog, we will look at the advantages and disadvantages of buying a new build property to help you make a well-informed decision before committing.

Pros of Buying a New Build Property

Modern Design and Contemporary Amenities

New build properties are constructed using the latest architectural designs and feature modern amenities such as open-plan layouts, en-suite bathrooms, integrated appliances, and high-speed internet connectivity. These features cater to the preferences and needs of today’s lifestyle.

Energy Efficiency

A major benefit of new build properties is their energy efficiency. They typically incorporate the latest insulation, heating, and cooling technologies, leading to lower utility bills and a reduced environmental impact. Some lenders even offer a better interest rate or cashback on energy-efficient homes.

Customisation Options

Depending on the construction stage, some developers allow buyers to customise finishes and fixtures, giving you the chance to personalise your new home according to your tastes meaning there should be very little you will need to do when moving in.

Incentives

Majority of the developers will throw in some free sale extras to get the sale done which may include covering SDLT costs or Sale Extras costs.

Builder’s Warranty and Guarantees

New build properties come with a builder’s warranty, providing peace of mind against structural defects and major issues during the first 10 years of ownership. Additionally, modern appliances and systems often come with separate manufacturer warranties.

Lower Maintenance Costs

Since everything in a new build is brand new, maintenance costs are generally lower in the initial years compared to older properties, which may require immediate repairs or renovations.

Cons of Buying a New Build Property

Premium Price

New build properties often come with a higher price tag compared to older homes in the same area. It’s important to consider whether the additional cost is justified by the benefits of a new build.

Potential Completion Delays

Construction timelines can be delayed due to factors like weather, labour shortages, or financial issues faced by the developer which could take weeks or even months. These delays can disrupt your moving plans and cause inconvenience.

Limited Negotiation Flexibility

Unlike older homes, where negotiating the asking price is common, new build properties often have less room for price negotiation, especially in high-demand developments.

Potential Snagging Issues

New build properties may have minor issues, known as “snagging” problems, that need addressing after you move in. These might include cosmetic defects or incomplete finishes. As your conveyancer, we can help you identify and resolve these snagging issues, liaising with the developer to ensure necessary repairs or finishing touches are completed to your satisfaction before completion, otherwise it may take months for the issues to be resolved once completion has taken place.

Space

A significant number of developers will develop a high number of properties on one development to maximise the profit, meaning there is usually less space for gardens, parking spaces and smaller room sizes.

Estate Management Charges

Many developments are not adopted by the local council and are managed privately by management companies, meaning the owners will have to pay for the maintenance of the playground and shared spaces via service charge.

Unestablished Communities

When buying in a newly developed area, the neighborhood may still be evolving, leading to uncertainties about the area’s future growth, access to amenities, and the overall character of the community.

Variable Quality

Not all developers have the same reputation for quality construction. It’s essential to research a developer’s track record and reviews from previous buyers to ensure you’re investing in a reputable property. As your conveyancing solicitor, we will perform thorough due diligence, reviewing the developer’s credentials, planning permissions, and any potential legal or regulatory issues related to the property. This process helps ensure you are making a sound investment in a property from a reliable developer.

Reducing the Stress of Your Purchase

Buying a new build home can be both exciting and complex. Engaging a reliable conveyancing partner can provide invaluable support and guidance throughout the transaction. From conducting due diligence and reviewing contracts to handling payments, addressing snagging issues, and registering the property, conveyancing companies play a crucial role in making your new build purchase a successful and stress-free experience. With our expertise, you can confidently step into your modern, energy-efficient dream home.

You can contact our New Home conveyancing team here or call on 01604 936512 / 01908 953674 or email info@franklins-sols.co.uk.

There are advantages and disadvantages when it comes to deciding between buying a new build or existing property. You will need to weigh up what factors are most important to you from your list of “must-have” features and which type of property ticks the most boxes for you.

To help you in making your decision, we have put together some pros and cons for you for both new build properties and existing “second-hand” properties.

New Build Properties – Pros

• Incentives – Some Developers will offer “extras” to secure a sale. Incentives are split between financial incentives and non-financial incentives. Financial Incentives could include stamp duty paid, a contribution towards legal fees or even estate agents fees paid if you have a related sale. Non-financial incentives could include carpets and flooring provided, or your kitchen white goods being provided at no extra cost, or even an upgrade to the standard kitchen or bathroom suite installed. The different incentive packages that a Developer is able to offer are often broad.
• Warranties – a new homes warranty will be available on most new build properties, which you don’t always get with a second hand property. New home warranties are designed to offer peace of mind that any defects will be put right and typically last 10 years.
• No chain – You won’t have a chain of buyers above you, which can often take away one of the biggest stresses of buying a home.
• Blank Canvas – a newly built property is a blank canvas with fresh paintwork, tiling, kitchen and bathroom. There should be little that you need to do before you can unpack and enjoy your new home.
• Design you own home – where you buy a property “off-plan” you will be able to pick the Plot that you wish to purchase based upon the design and specification of the property and may also be able to choose kitchen and bathroom layout and pick the fittings from a range of options.
• Low bills – all new builds have to comply with the latest building regulation standards, meaning that they are often more energy efficient than older properties.
• Modern living – Many new builds are built to a high specification which will include the latest technology.

New Build Properties – Cons

• Delays – not everything runs smoothly on a new build property and there can be delays outside of everyone’s control which can cause added stress, increase costs and also prove to be inconvenient where you are trying to plan your move around work, schooling and holidays.
• Snagging – there is often bad publicity in regards to poor quality new build homes. Even with the best developer you should expect some minor snags, for example, doors may get caught on the carpet, tiles may be loose, paint finish needs a second coat, etc. Once the Property is fully built you should be invited to attend a walk around of the property to identify any snagging issues for the Developer to rectify.
• Space – new build properties can often be less spacious than an older property due to the number of properties built on the site. This can often affect storage space within a property, so ensure that your furniture will fit and that you can get your car into the garage/on the driveway.

Second Hand Properties – Pros

• Character – there are plenty of older properties with features such as open fires, stained glass windows, exposed beams, sash windows which all add character to a property. These features often make us fall in love with a new property on an initial viewing.
• What you see is what you get – when you buy a new build property off plan it is often very hard to visualise what the property will look like and how it will feel to live in, but with an existing property you will be able to physically walk around and view the Property and see everything that you will be getting. A surveyor will also be able to attend to carry out a full inspection which will tell you everything you need to know about what you are buying.
• Community – an existing property may be in the heart of an established community, with pubs and restaurants close by and neighbours who have lived in the area for many years who will be able to give you historic background to the local area.
• Space – older properties are generally more spacious with bigger gardens.
• Potential for Alterations – whilst an existing home may not be “perfect” and may need some modernisation and alterations, you have some potential to put your own stamp on it and the ability to increase the value of the Property.

Second Hand Properties – Cons

• Chains – when you buy a second hand property it is likely that the current owner will also be looking to move to a new house, which will create a chain. Where you have a chain the wants and needs of all parties will need to be considered and the more parties involved the longer it can take for everyone to agree on timescales, which can make the move more stressful.
• Energy Efficiency – older properties are less likely to be as energy efficient as newly built properties. This could mean that your energy bills are higher with an older property.
• Maintenance costs – unlike a new build property you can expect an older property to need maintenance. Sometimes maintenance works will be required as soon as you move in.
• Renovations – you may want to carry out renovations and redecorate as soon as you move in, so you will need to budget for these extra costs.

The decision to buy a new build against an existing “second-hand” property will ultimately come down to personal preference. There is no right or wrong choice. Make sure you have all of the information you need before you exchange contracts and that you are buying the home that gives you what you need.

For advice in purchasing a new home, for new builds call our New Homes Teams on 01604 828219 and ask for Kris Raca or email newhomes@franklins-sols.co.uk or for second hand properties, contact our Conveyancing Teams on 01604 828282 / 01908 660966 or email conveyancing@franklins-sols.co.uk.

Buying a new build home is a very exciting time, but can also be very daunting too, particularly given the timescales involved and the mountain of paperwork that comes as part of the purchase process.  It is essential that you seek expert help and advice to make your purchase as smooth and stress-free as possible. To help you, here are a few key things to consider to ensure that you get expert help and advice:

Legal Matters

Most Developers will have Law Firms that they recommend, although you do not have to use the “preferred” Lawyer recommendation. We would advise that when looking for legal representation that you look for a Law Firm who have a specialist new homes department, such as ours, as we are familiar with the deadlines involved and know how to deal with the extensive development documentation supplied.

Financial Matters

Again, most Developers will have Mortgage Advisors/Financial Advisors that they recommend, although you do not have to use the “preferred” advisor, but it may be beneficial to do so, as they will know what additional information is required to support a new build mortgage application.

Stamp Duty

For information on Stamp Duty and the latest rates to help you budget for the costs of your purchase look at: www.gov.uk/stamp-duty-land-tax-rates. Even if your purchase does not attract a payment, it will still be necessary for a return to be lodged with HMRC on completion of the purchase – your Lawyer will attend to this on your behalf.

Arranging a Survey

Even through the Property you are purchasing may be newly built, you may also want to have your own survey carried out. Where you are purchasing with a mortgage, the mortgage lender will carry out their own valuation for lending purposes only – the lender valuation is not intended to be relied upon by any third party and is not a thorough survey of the Property. In addition, your own survey will look at the surrounding area in the vicinity of the Property, not just the Property itself. To find a surveyor in the area where your new property is, please go to www.ricsfirms.com and www.rics.org/usefulguides.

Buying a Leasehold Property

Your Lawyer will provide you with a full report and advice in regards to the Lease relating to your specific property and will be able to answer any questions you have. If you are seeking more general information before deciding whether to purchase a Leasehold Property, The Leasehold Advisory Service is government funded to provide free advice on the law affecting residential leasehold property – www.lease-advice.org

For help and advice in purchasing a new build property, call our New Homes Teams on 01604 828219 and ask for Kris Raca or email newhomes@franklins-sols.co.uk.

For further advice and assistance please contact our New Homes team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk

The Land Registry is the platform responsible for the registration of title to land in England and Wales. The Land Registry hold information on registered properties in relation to the ownership of the land and any registered rights of way, covenants, leases and title extent.

After a house purchase is completed, the Buyers’ Solicitor send the application to the Land Registry to update the deed to reflect the new owner’s name. The Land Registry website is a public platform that stores the electronic deeds. Of course, there was a time when this platform did not exist and so all deeds were in paper format. The deeds were often held by mortgage lenders with an open account. It then became compulsory to register properties at the Land Registry, but this was only triggered when a transfer of value initiated this. If a property has not been transferred for value since this date, it is possible that the property is “unregistered” meaning that the deeds are still in the paper format.

This slightly changes the conveyancing process as we do it today, we usually download the deeds from the Land Registry which means that we can often check who the registered owner of the property is almost instantly. If the Land Registry hold no records, then we require the Seller of the property to be able to find the original deeds. It is common for several different deeds to be needed to make up the full original deeds.

There are two ways this can be approached by conveyancers, the first would be to issue an unregistered contract to the Buyers’ Solicitors. This just means that the format of the Contract itself and the accompanying documents slightly vary. The rest of the process shouldn’t change much, the questions being raised by the Buyers’ Solicitor will make reference to it being an unregistered contract and the Buyers’ Solicitors will need to submit for first registration at the Land Registry following completion.

The other option is to register the property before issuing the contract so that the rest of the process is the same as normal. The Sellers’ Solicitors would still require the original deeds to be able to do this and would have to wait for the Land Registry to register the property before starting the transaction. Due to there being an ongoing sale, the Sellers’ Solicitors can them apply to expedite the registration so that it does not cause too much delay in the process.

Once the house purchase has completed, the application is made to the Land Registry to update the register with the new owners details.

For further advice and assistance please contact our Residential Property team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk