Clear, Straightforward Advice for First-Time Buyers and Home Movers
Buying a home is an exciting step, but the legal process behind it can feel daunting. “Conveyancing” is the name for all the legal work involved in transferring ownership of a property from seller to buyer. Get it right, and you can move into your new home with confidence. Get it wrong, and you risk delays, extra costs, or even a failed purchase.
At ASL Solicitors in Rochdale, our experienced conveyancing solicitors guide buyers and sellers across Greater Manchester through this process every day. In this article, we’ll walk you through each key stage, highlight common pitfalls, and explain how a good solicitor can make the journey much smoother.
What Is Conveyancing?
Conveyancing covers all the legal steps required to:
- Check that the seller actually owns the property.
- Ensure there are no hidden legal problems (for example, rights of way, restrictive covenants, or boundary issues).
- Make sure the buyer’s mortgage lender is protected.
- Transfer ownership at the Land Registry once the sale completes.
Conveyancing starts when your offer is accepted and ends once you have the keys in your hand and the property is registered in your name.
Step 1: Instructing a Conveyancing Solicitor
Once your offer has been accepted, the first thing you should do is instruct a conveyancing solicitor.
Your solicitor will:
- Confirm their fees and any additional costs (such as search fees and Land Registry charges).
- Carry out identity, anti-money-laundering, and source-of-funds checks.
- Contact the seller’s solicitor to confirm they are acting and to request the draft contract and legal documents.
In busy local markets like Rochdale and wider Greater Manchester, instructing your solicitor early can save days or even weeks, especially if there is a chain of linked transactions.
Step 2: The Draft Contract Pack
The seller’s solicitor prepares a draft contract pack, which usually includes:
- A draft contract of sale.
- The official title documents from HM Land Registry.
- Property Information Forms completed by the seller, giving details about boundaries, disputes, alterations, and more.
- Fittings and contents forms listing what is included in the sale (for example, white goods, light fittings, or garden sheds).
- Any planning permissions, building regulation certificates, and guarantees (for example, damp or roofing works).
Your solicitor reviews this paperwork and then raises “enquiries” – detailed legal questions to clarify anything that isn’t clear or could cause problems later.
Step 3: Searches and Checks
Your solicitor will normally carry out several searches, especially if you are buying with a mortgage. These may include:
- Local authority search – checks planning issues, building regulations, road adoption, and potential enforcement actions.
- Water and drainage search – confirms whether the property is connected to mains water and sewerage and identifies any public sewers within the boundary.
- Environmental search – checks for contamination, flood risk, or other environmental issues.
- Additional searches where relevant (for example, coal mining searches in areas of Greater Manchester with a mining history).
Searches are vital for uncovering issues that would not be visible during a viewing or survey, such as planned road schemes, enforcement notices, or contamination near the property.
Step 4: Your Mortgage Offer and Survey
If you are buying with a mortgage, your lender will:
- Carry out affordability checks on your income and outgoings.
- Instruct a valuation survey to make sure the property is suitable security.
- Issue a formal mortgage offer to you and your solicitor.
You may also choose to commission your own independent survey (such as a HomeBuyer Report or full Building Survey), especially for older or non-standard properties.
Your solicitor will carefully review the mortgage offer to make sure it matches the purchase price, that any special conditions can be satisfied, and that the lender’s requirements are met.
Step 5: Reviewing Reports and Resolving Enquiries
Once searches, enquiries, and your mortgage offer are complete, your solicitor will prepare a detailed report on title. This report explains:
- Exactly what you are buying.
- Any restrictions affecting the property.
- Rights of way or shared access.
- Service charges and ground rent for leasehold properties.
- Any potential risks or issues you should be aware of.
This is your opportunity to ask questions and make sure you are comfortable before you commit to exchanging contracts.
Typical issues that can cause delays at this stage include:
- Missing planning permissions or building regulation paperwork for extensions or loft conversions.
- Short lease terms on flats.
- Management company disputes in leasehold developments.
- Historic rights or covenants affecting the land.
An experienced conveyancing solicitor will spot these issues early and work to resolve them with the seller’s solicitor or other parties.
Step 6: Exchange of Contracts
Once you are satisfied with the legal position, your mortgage is in place, and you have buildings insurance lined up, you can move towards exchange of contracts.
At exchange:
- Both buyer and seller sign identical copies of the contract.
- The contracts are formally “exchanged” between solicitors.
- You pay a deposit (often 10% of the purchase price, though this can sometimes be negotiated).
- A legally binding completion date is set.
After exchange, both parties are committed. Backing out would usually involve serious financial consequences.
Step 7: Between Exchange and Completion
Between exchange and completion, your solicitor will:
- Arrange for your mortgage funds to be requested from the lender.
- Prepare the final completion statement, showing the balance you need to send.
- Carry out final Land Registry searches to check nothing has changed with the seller’s title or bankruptcy status.
- Arrange for you to sign the transfer deed and any mortgage documents.
You should make sure you:
- Have your removal company booked.
- Arrange final readings with utilities.
- Confirm buildings insurance from exchange.
Step 8: Completion Day – Getting the Keys
On completion day:
- Your solicitor sends the purchase money to the seller’s solicitor.
- Once that is received, the seller’s solicitor authorises the estate agent to release the keys.
- You can then move into your new home.
If there is a chain, this process will be happening across several linked transactions, so timings can vary. Your solicitor will keep you updated as funds move through the chain.
Step 9: After Completion – Registration and Stamp Duty
Your solicitor’s work continues even after you’ve moved in. They will:
- File the Stamp Duty Land Tax (SDLT) return and arrange payment of any tax due to HMRC within the legal deadline.
- Register your ownership and any mortgage at HM Land Registry.
- Deal with any post-completion enquiries, such as notices to landlords or management companies for leasehold properties.
You will receive copies of the updated title once registration is complete.
How Long Does Conveyancing Take?
For most residential transactions, a straightforward freehold purchase might take around 8-12 weeks from offer to completion. More complex matters, such as long chains, leasehold flats, new builds, or properties with title issues, can take longer.
Having a proactive solicitor who keeps on top of enquiries, communicates clearly, and chases other parties can make a real difference to timescales.
Tips for Buyers in Rochdale and Greater Manchester
If you are planning a move in the local area, consider the following practical tips:
- Instruct early: As soon as your offer is accepted, instruct your solicitor and supply ID and source-of-funds documents promptly.
- Be upfront about issues: If you are using gifted deposits, bonus income, or self-employed earnings, tell your solicitor and mortgage broker at the outset.
- Budget for extras: Searches, Land Registry fees, survey costs, and SDLT can add up. Make sure you have a clear estimate from your solicitor.
- Leasehold? Ask more questions: Lease length, ground rent, and service charges matter. This is especially important in some Greater Manchester apartment developments.
- Stay responsive: Delays often arise because paperwork or queries sit unanswered. Reply quickly to emails and requests for information.
How ASL Solicitors Can Help
At ASL Solicitors, our conveyancing solicitors in Rochdale act for buyers and sellers across Greater Manchester and beyond. We combine clear, practical advice with strong local knowledge and a commitment to keeping your move as stress-free as possible.
We can:
- Explain each stage of the conveyancing process in straightforward terms.
- Highlight risks and help you make informed decisions.
- Liaise with estate agents, mortgage lenders, and other solicitors to keep things moving.
- Work to agreed timescales wherever the circumstances allow.
If you are buying or selling a property in Rochdale or Greater Manchester, call ASL Solicitors on 01706 711176 or contact us through our online enquiry form to speak to one of our residential property specialists.