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Buying a home in England: the legal process from offer to completion — Articles

Buying a home in England and Wales is a two-stage legal process. Unlike some countries, you are not legally committed until contracts are exchanged — the period before that is "subject to contract" and either party can withdraw without penalty. Understanding each stage protects you from costly mistakes.

Stage 1: Instructing a conveyancer

As soon as your offer is accepted, instruct a solicitor or licensed conveyancer. Do not wait — searches and mortgage valuations take time and the seller may be under pressure to proceed quickly. Check the conveyancer is registered with the SRA or the Council for Licensed Conveyancers (CLC). Your mortgage lender will usually require the conveyancer to act for them too — most residential conveyancers are on lender panels. The Law Society's Find a Solicitor directory lists CQS-accredited firms.

Stage 2: Searches and enquiries

Your conveyancer will carry out local authority searches (checking planning history, road adoption, and local charges), drainage searches, and environmental searches. Results take one to eight weeks depending on the local authority. Your conveyancer will also raise enquiries with the seller's solicitor about boundaries, guarantees, disputes, and any alterations to the property. Review the results carefully — a revealed planning enforcement notice, an unadopted road, or a chancel repair liability can materially affect the property's value or usability. Under the Land Registration Act 2002, the registered title at HM Land Registry is the definitive record of ownership — your conveyancer will check it as part of due diligence.

Stage 3: Mortgage offer

Your mortgage lender will carry out a valuation (not a full structural survey — commission your own survey separately). Once satisfied, the lender issues a formal mortgage offer, usually valid for six months. Your conveyancer reviews the mortgage conditions and reports to you on any that are unusual. Do not proceed to exchange unless the offer is in place — exchanging without a confirmed mortgage means you are legally committed to buy without certainty of funds.

Stage 4: Exchange of contracts

Exchange is the critical legal step. Both parties sign identical contracts, your conveyancer sends the signed contract and deposit (usually 10% of the purchase price) to the seller's solicitors, and the seller's solicitors send theirs. At the moment of exchange — by telephone under the Law Society's Formula B — the contract is binding. You cannot withdraw without forfeiting your deposit, and the seller cannot withdraw without being sued for breach of contract. The Law of Property (Miscellaneous Provisions) Act 1989, s.2 requires contracts for land to be in writing signed by both parties. Check your insurance cover from the moment of exchange — your mortgage lender will require it.

Stage 5: Completion

On the completion date (usually one to four weeks after exchange), your conveyancer sends the balance of the purchase price to the seller's solicitors. Once received, the seller's estate agent releases the keys. Your conveyancer then registers the transfer of title at HM Land Registry and sends you the title information document once registration is confirmed. Registration currently takes between two weeks and several months depending on the complexity.

Stamp Duty Land Tax

Stamp Duty Land Tax (SDLT) must be filed and paid within 14 days of completion. Your conveyancer handles this on your behalf and the SDLT is factored into their completion statement. For first-time buyers, the enhanced relief (zero rate on the first £425,000) applies to completions on or before 31 March 2028 — see the news item on the SDLT extension. The GOV.UK SDLT calculator gives a precise figure for any purchase price. Missing the 14-day deadline triggers an automatic penalty.

Your rights if problems arise before completion

If the seller attempts to pull out after exchange, you can sue for specific performance — a court order requiring them to complete the sale. This remedy is particularly powerful for land because each property is unique: see the glossary entry on specific performance. If the property is misrepresented before exchange — for example, planning permission for a development was concealed — you may have a claim under the Misrepresentation Act 1967. Always raise concerns with your conveyancer before exchange rather than after.

This article is for general information only and is not legal advice. Always check the official source and consult a qualified lawyer for your situation.