Residential Conveyancing

If you’ve ever looked into buying or selling a property, you’ll have heard the term ‘residential conveyancing’ before. There is a lot involved, and the legal requirements are often complicated, which is why you need a team you can trust to guide you through the process.

What is Residential Conveyancing?
Simply put, residential conveyancing is required to transfer ownership of a property from one person(s) to another. There is a lot of paperwork involved, for both buyer and seller, so having an expert in residential conveyancing on your side makes the process much easier.

We strive to make your conveyancing transaction run as smoothly as possible and work with your estate agents and financial advisors to ensure that the whole process is as stress free as possible. Our primary aim is to move matters along quickly and efficiently.

You’ll have the confidence of knowing that your case will be allocated to just one person, an experienced property solicitor who will have the conduct of your case from start to finish supported by experienced secretaries and paralegals.

Too many cooks spoil the broth; it’s the same with legal support. When you have teams of people working for you, often you have no idea where to turn for advice, making a stressful situation all the more so.

What does Residential Conveyancing include?
We provide help and advice regarding the following aspects of residential conveyancing:

  • Sales and Purchases
  • Re-mortgaging
  • Right to buy
  • Transfers of equity
  • Equity release schemes
  • New build plots
  • Shared Ownership Leases

We can also help you with the acquisition of an investment property, the renting out of the property, and rent and property recovery should your tenant fall into arrears.

How much does Residential Conveyancing Cost?

We are able to provide fixed quotes over the telephone or via e-mail. Please get in touch with our specialist team who will be able to assist you.

Our team is headed by partner Caroline Rooks. She has vast experience within conveyancing and of the local Wigan area. We pride ourselves on providing a local touch and a personal service, with more than enough legal knowledge to guide you every step of the conveyancing process.

If you’re considering purchasing a Freehold Property (both the building and the land) or Leasehold Property (purchasing a lease in the property for a fixed number of years) we can generate a quote for any of the following:

  • Value of the property
  • First-time buyers
  • Re-mortgaging
  • New builds
  • Whether it is a mortgage or not
  • In purchase cases, whether primary residence, buy to let or second/holiday home
  • Multiple owners/Shared ownership scheme
  • Using a help-to-buy scheme, and whether it is an equity loan or ISA
  • Purchase under a right to buy
  • Purchase at auction
  • Property has been repossessed

Our quotation covers all of the work required to complete the purchase of your new home, including dealing with registration at the Land Registry and dealing with the payment of Stamp Duty Land Tax (Stamp Duty) if the property is in England, or Land Transaction Tax (Land Tax) if the property is in Wales.

If you purchase a property or piece of land in the UK, you may have to pay tax depending on the price. In England this is Stamp Duty, in Wales it’s known as Land Tax, both are more commonly known as SDLT (Stamp Duty Land Tax).

In general, if the overall value of a residential property is more than £250,000, you’ll have to pay land tax. You can calculate the amount you will need to pay by using HMRC's website.

The precise stages involved in the purchase of a residential property vary according to the circumstances. However, below are some key stages:

  • Taking of instructions and giving initial advice
  • Checking finances are in place to fund purchase and contacting the lender's solicitors if needed
  • Receive and advise on contract documents
  • Carry out searches
  • Obtain further planning documentation if required
  • Make any necessary enquiries of the seller's solicitor
  • Give you advice on all documents and information received
  • Go through conditions of the mortgage offer
  • Send final contract to you for signature
  • Draft Transfer
  • Advise you on joint ownership
  • Obtain pre-completion searches
  • Agree completion date (date from which you own the property)
  • Exchange contracts and notify you that this has happened
  • Arrange for all monies needed to be received from lender and you
  • Complete purchase
  • Deal with payment of Stamp Duty/Land Tax
  • Deal with application for registration at Land Registry
  • Deal with payment of Stamp Duty/Land Tax
  • Deal with application for registration at Land Registry

The average process of buying a house takes between 6-12 weeks.

It can be quicker or slower, depending on the parties in the chain. For example, if you are a first-time buyer, purchasing a new build property with a mortgage in principle, it could take longer. If you are buying a leasehold property that requires an extension of the lease, this can take significantly longer. In such a situation, additional charges would apply.

Our fees are fixed for residential conveyancing, but some factors can increase the cost. These include:

  • If the legal title is defective or part of the property is unregistered
  • If you discover building regulations or planning permission has not been obtained
  • If any crucial documents, we have previously requested from you, have not been provided

Disbursements are costs related to your matter that are payable to third parties, such as Land Registry fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Here are some disbursements that may be involved with residential conveyancing:

Notice of Transfer fee – This fee if chargeable is usually set out in the lease.

Notice of Charge fee (if the property is to be mortgaged) – This fee is usually set out in the lease.

Deed of Covenant fee – This fee is provided by the management company for the property and can be difficult to estimate.

Certificate of Compliance fee This fee is provided by the management company for the property and can be difficult to estimate.

These fees vary from property to property, we can give you an accurate figure once we have sight of your specific documents.

You should also be aware that ground rent and service charge are likely to apply throughout your ownership of the property. We will confirm the ground rent and the anticipated service charge once we receive this information.

  • This is a standard transaction and that no unforeseen matters arise including for example (but not limited to) a defect in title which requires remedying prior to completion or the preparation of additional documents ancillary to the main transaction.
  • This is the assignment of an existing lease and is not the grant of a new lease.
  • The transaction is concluded in a timely manner and no unforeseen complication arise.
  • All parties to the transaction are co-operative and there is no unreasonable delay from third parties providing documentation.
  • No indemnity policies are required. Additional disbursements may apply if indemnity policies are required.

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