Legal Requirements for Buying and Selling Property in England and Wales

Buying or selling a home is one of the biggest financial decisions most people will ever make. Whether you are stepping onto the property ladder, moving up to accommodate a growing family, or downsizing, the process can feel daunting. There are several legal requirements that must be met to ensure the transaction is valid and your interests are protected.

This guide sets out the key legal steps involved in residential conveyancing in clear, practical terms so you know what to expect from start to finish.

What is Conveyancing?

Conveyancing is the legal process of transferring ownership of a property from one party to another. It covers everything from checking the legal title and carrying out searches to preparing contracts and handling the exchange and completion of funds.

In England and Wales, conveyancing must be completed by a qualified solicitor or licensed conveyancer. Their role is to protect your interests and ensure the transaction complies with all relevant laws and regulations. Read more about the conveyancing process in our guide here.

The Legal Requirements for Buyers

When you buy a property, your solicitor will guide you through a series of important checks and formalities. The key requirements include:

1. Verifying identity and funds

Anti-money laundering regulations mean all buyers must provide proof of identity and evidence of where the purchase funds are coming from. This could include bank statements, payslips, or mortgage documentation.

2. Reviewing the title

Your solicitor will check the legal title to make sure the seller owns the property and has the right to sell it. They will also confirm that there are no restrictions, covenants, or disputes that could affect your use of the property.

3. Property Searches

Several searches are carried out with local authorities and other bodies. These typically include:

• Local authority searches to check planning permissions and building regulations
• Water and drainage searches to confirm connection to mains supplies
• Environmental searches to identify risks such as flooding or contamination

4. Mortgage and lender requirements

If you are taking out a mortgage, your solicitor will liaise with your lender to satisfy their legal requirements. They will ensure the lender’s interests are protected and that all conditions are met before funds are released.

5. Exchange and Completion

Once all checks are complete, your solicitor will arrange the exchange of contracts. At this point the agreement becomes legally binding. Completion follows, which is when the purchase funds are transferred, and you receive the keys.

The Legal Requirements for Sellers

Selling a property also comes with obligations. A seller’s solicitor is responsible for preparing the legal paperwork and ensuring the buyer has all the information they need. Key requirements include:

1. Title Deeds and Information Forms

The seller must provide the legal title deeds along with property information forms. These forms cover details such as boundaries, fixtures and fittings, planning consents, and any disputes with neighbours.

2. Energy Performance Certificate (EPC)

An EPC is required by law before a property can be marketed. This certificate rates the energy efficiency of the property and must be made available to potential buyers.

3. Drafting the contract

Your solicitor will prepare the draft contract which sets out the terms of the sale, including the price, the property boundaries, and what is included in the sale.

4. Managing enquiries

The buyer’s solicitor will raise enquiries based on the searches and information provided. Your solicitor will work with you to respond to these in a timely and accurate manner.

5. Redeeming a mortgage

If you still have a mortgage on the property, your solicitor will request a redemption statement from your lender. This confirms the amount needed to pay off the mortgage on completion.

Stamp Duty Land Tax (SDLT) (Land Transaction Tax in Wales) 

For buyers, one of the most significant legal requirements is paying Stamp Duty Land Tax. SDLT is payable on property purchases above certain thresholds, with rates varying depending on the value of the property and whether you are a first-time buyer, moving home, or purchasing an additional property.

Your solicitor will calculate the correct amount, file the SDLT return with HMRC, and arrange payment on your behalf.

You can also check current rates on the official HMRC website.

The rates and rules in relation to Land Transaction Tax (LTT) differ from the rates and rules for SDLT.  The details can be found at https://www.gov.wales/land-transaction-tax-introduction

Registering the Property with the Land Registry

Once a purchase has completed, your solicitor will register your ownership with HM Land Registry. This ensures that your legal title is officially recorded and that your rights as the new owner are protected. If you have a mortgage, the lender’s interest will also be registered.

How Long Does Conveyancing Take?

The timescale for buying or selling property can vary depending on the complexity of the transaction. On average, conveyancing takes between 8 and 12 weeks from offer to completion. Delays can occur if there are issues with searches, mortgage approvals, or if you are part of a longer property chain.

FAQs 

Is it a legal requirement to have a solicitor when buying or selling your property?
Yes. Only a solicitor or licensed conveyancer can legally carry out the transfer of property ownership in England and Wales.

What documents must a seller provide by law?
Sellers must provide the legal title deeds, completed property information forms, and an Energy Performance Certificate (EPC). If the property is leasehold, a leasehold information pack is also required.

What happens legally when contracts are exchanged?
Exchange of contracts is the point where the transaction becomes legally binding. If either party withdraws after this stage, financial penalties usually apply.

Do I have to pay Stamp Duty Land Tax or Land Transaction Tax?
Yes, if the purchase price is above the SDLT  or LTT threshold. There are different rates depending on whether you are a first-time buyer, buying an additional property, or purchasing as a company. 

How is Ownership Registered After Completion?
Your solicitor must register the transfer of ownership with HM Land Registry. This is a legal requirement, and without registration, your ownership is not fully protected.

At Dean Wilson, our residential conveyancing team helps clients across Brighton, Sussex, and beyond to navigate the process with clarity and confidence. We understand how important buying or selling a home is, and we are committed to making the journey as smooth and stress-free as possible.

To discuss your move and find out how we can support you, please get in touch with our conveyancing team today.