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This fact sheet will give you some basic information about conveyancing.

Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.

You can contact Russell Jones & Walker's solicitors at enquiries@rjw.co.uk or call our freephone number 0800 916 9065.

• What is conveyancing?
• How much will it cost?
• What does the process involve?
• What are the searches?
• What about if I'm selling?
• When does an agreement to buy or sell become legally binding?
• What happens once the contracts are signed?
• Why do I need a conveyancer if I'm just remortgaging?

What is conveyancing?

Conveyancing is the legal and administrative work needed to transfer ownership of a property. The process starts after you have made or accepted an offer. You will need conveyancing whether you are buying or selling a home or if you are just remortgaging with a different lender.

Can I do it myself?

Conveyancing is complicated and time-consuming. In theory you could do it yourself, but because it involves a number of legal documents, it could be risky if you don't know what you are doing. In any case, your mortgage lender may insist a professional does the work. You shouldn't attempt to do your own conveyancing if the property:

• is being sold by a divorcing or separating couple or is in probate
• is not freehold
• is not a house
• is not registered with the Land Registry.

You can either hire a solicitor or a licensed conveyancer. These experts can check every aspect of the sale or purchase and are insured in case something goes wrong.

How much will it cost?

Solicitors and conveyancers might charge a fixed fee or a percentage of the value of the property. You will also have to pay disbursements. These are specific costs, such as transferring the money from your lender to the seller, searches, stamp duty, VAT and postage.

You don't have to use the person your estate agent suggests. Shop around for someone you feel comfortable with who gives you the best deal.

What does the process involve?

If you are buying, your conveyancer will find out about any disputes with neighbours and alterations to the property. They may also arrange searches, although some properties must now have a Home Information Pack (or HIP) that will include these. Some HIPs may also contain a home condition report. If not you will also need to get a survey of the property. There is separate fact sheet about HIPs on Your Legal Rights.

Once the searches are complete, your conveyancer will work on the contracts and deeds. If the property you are buying is leasehold, they will also check things like service charges, maintenance and ground rent.

What are the searches?

• The local land charges register, which details any obligations owners have to the local authority or government. Once a search is completed you will receive an official search certificate.
• Other local authority records, such as planning decisions, road building proposals and rights of way. You should check how wide an area the search covers and, if possible, look around for yourself or check the internet.
• Drainage and water services to the property detailing whether waste water goes into a public or private sewer.
• The environmental search, which investigates whether the property is on contaminated land or at risk from other environmental factors, such as flooding and subsidence.
• An optional planning search with details of local planning applications, the location of nearby phone masts and general information about the area, such as council tax bands and local amenities.
• An optional chancel check search to find out if property is at risk from a potential chancel repair liability (repairs to local church).

What about if I'm selling?

Your conveyancer will check you have exclusive rights over the land and can sell. They will prepare the draft contract of sale and a copy of the lease if the property is leasehold. They will also request a copy of your title from the Land Registry to help the buyer's solicitor check it.

In rare circumstances, if the property is not registered with the Land Registry, you will need an "abstract of title". This will have copies of all deeds and documents proving you own the property and can sell it.

You will also have to complete forms about your property and its fixtures and fittings. You should also provide any guarantees for damp-proofing, building work, extensions and other documents such as planning consents.

You will also have to sign a transfer deed and apply to your mortgage lender for a redemption figure - that is the amount left to pay on your mortgage. In most cases your solicitor will order the statement for you.

When does an agreement to buy or sell become legally binding?

Any accepted offer is subject to survey and contract. This means you are not legally bound to go through with the transaction until contracts are exchanged. If you do withdraw before that, you won't have to pay any penalty, although any money you've spent on surveys, searches or legal fees will be lost.

What happens once the contracts are signed?

Once the conveyancers exchange the signed contracts the transaction becomes legally binding.

If you are buying, you have to pay a deposit. Usually this is between five and ten per cent of the price, although it could be more. You are also responsible for insuring your new home. If the property is leasehold, the insurance is sometimes provided by the landlord or managing agent.

On the completion date, you pay the balance of the sale price through your conveyancer, who gets the title deeds in return. They will also register your ownership with the Land Registry and arrange for you to pay any necessary stamp duty. Title information for most properties are now held by the Land Registry in electronic form (this is referred to as "dematerialised"). So charge and land certificates are no longer issued.

If you are selling, your conveyancer will receive the rest of the sale price and pay off your mortgage. They take their costs and forward the rest of the funds to you.

Why do I need a conveyancer if I'm just remortgaging?

Your conveyancer will get the title deeds from your existing lender and get a redemption statement showing how much you owe. Once they have carried out any required searches, you will sign the mortgage deed and agree a completion date. On completion, your existing mortgage will be paid off and the new mortgage registered with the Land Registry.