Do I need a solicitor to buy a house?
Borrowing with a mortgage changes the position, because a lender then becomes involved in the purchase. However, buying without a mortgage means no lender is involved in the purchase. This guide covers when you may go without, when you cannot, and what to ask.
The short answer
You do not have to use a solicitor or licensed conveyancer when you buy a home without a mortgage. HomeOwners Alliance says that is the case, and that with a mortgage, doing the conveyancing yourself usually is not an option.
Either a solicitor or a licensed conveyancer can handle the legal work on your house purchase. However, the sections below explain how each one works, so the decision stays with you. For the wider picture on property work, you can read our conveyancing guide next.
When you may not need one
The no-mortgage case is the one where you have a real choice. HomeOwners Alliance says you do not have to use a solicitor or licensed conveyancer when you buy or sell a home if there is no mortgage.
However, a choice is not the same as a good idea. Citizens Advice says doing the conveyancing yourself can be complicated. Therefore, think about how confident you feel with legal paperwork before you decide. If you feel unsure, ask a professional what the work involves.
When a lender will want one
If you borrow, your lender may limit which firms can act for you. HomeOwners Alliance says lenders generally work only with certain panel firms, not every firm. As a result, you may find that the firm you prefer is not on the list.
You can still choose a firm off the panel, although it may cost more. HomeOwners Alliance says choosing a firm off the panel may mean paying the lender’s representation fees, typically around 200 GBP. Ask your lender about its panel early, because that saves you finding out late in the process.
Solicitor or licensed conveyancer
In England and Wales, you have more than one option. Citizens Advice says you can use a solicitor or a licensed conveyancer, or do the conveyancing yourself. It adds that a licensed conveyancer is regulated by the Council of Licensed Conveyancers, not by the solicitors’ regulator.
Both facts matter together. The SRA says buying or selling property is a reserved legal activity, so an authorised person must do it for others. At the same time, you may do your own conveyancing, although that can be complicated. If you live far from the property, our guide to using a solicitor outside London for a London property may help.
What an offer does and what comes next
Buying a home follows a set of steps, which GOV.UK lists in full. For example, you work out how much to borrow and pick a mortgage lender. You also choose a property, make an offer, exchange contracts and pay tax. Finally, you arrange and pay for searches and surveys, and book removals.
An offer feels like a big moment, but it is not legally binding. GOV.UK states that an offer to buy a home is not legally binding until contracts are exchanged. Therefore, either side can still change course at that stage.
Once the seller accepts your offer, the seller is responsible for drawing up the legal contract to transfer ownership. GOV.UK says buying a home takes about 5 months on average, and longer if there is a chain. Since the process takes time, plan your own steps early and keep your papers together.
Stamp Duty Land Tax and who pays it
You must pay Stamp Duty Land Tax on a property or land in England or Northern Ireland over a certain price. GOV.UK has the current rates, so check there rather than relying on an old figure. You must send the return and pay within 14 days of completion.
In practice, a professional usually handles this for you. GOV.UK says a solicitor, agent or conveyancer usually files the return and pays the tax on your behalf on the day of completion. They then add the tax to their fees. As a result, ask what the final bill will include before you agree to anything. Our guide to the cost of a solicitor when buying a house covers fees in more detail.
Protecting yourself from property fraud
Property fraud is a risk when you buy a home. GOV.UK says you can speak to a legal professional for help and advice about property fraud. Therefore, raise any worry early, for example if something about a payment request or a document seems wrong.
What to ask before you choose
A few questions help you compare options on the same basis. Ask each firm or conveyancer the same things, and write down the answers.
- How are you regulated? The SRA says you can check on the Solicitors Register whether a solicitor or firm is regulated by the SRA. If someone says they are a licensed conveyancer, ask for their details and check them with their regulator.
- What does your quote cover? Ask what the price includes, which costs could be added, and whether the tax filing is part of the fee.
- Are you on my lender’s panel? If not, ask what that could cost you.
- How will you keep me informed? Ask how often you will hear from them, and by what method.
Written answers help because you can check them against your notes later. Once you have a name, look it up yourself. Our check-a-solicitor page explains the steps.