What does a solicitor check when buying a house? image

What does a solicitor check when buying a house?

Purchasing your first property can be an exciting experience. However, if you’re unfamiliar with the process, it can also be frustrating and time-consuming. Before you buy a property, you’ll need to instruct a solicitor or conveyancer to carry out numerous checks. But what does a solicitor check when buying a house, exactly?

These checks are necessary so that you can ascertain whether there are any issues with the property that you should be aware of. Your mortgage lender will also require these checks, as they’ll want to be certain that the property is in good condition, and that there is nothing that could affect its value in the future.

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Conveyancing searches explained: What does a solicitor check when buying a house?

Your solicitor will conduct several types of searches prior to the purchase of your property. While some of these may seem arduous, it’s important to understand that they are vital if you want to secure a mortgage from a bank or another lender. These searches include the following:

Local authority checks

This is arguably the most important type of check your solicitor will undertake. It involves looking at information that the local authority holds regarding your property. This can include things like planning restrictions or prospective planning permission notices. As part of this search, your solicitor will also find out who is responsible for the maintenance of any paths or roads that adjoin the property. Local authority searches can take anywhere between one week and six weeks to complete, and prices can vary depending on the location of your property.

Environmental checks

An environmental check will establish whether the property you are intending to purchase is located near things like:

- Contaminated land

- Contaminated water sources

- Old landfill sites

Some lenders will insist that environmental checks are carried out as a condition of offering you a mortgage. This is because many new properties have been built on land which has previously been designated for industrial purposes, and occasionally toxic substances can remain in the ground. If potential contamination is not uncovered prior to you taking ownership of the property, you could find yourself buying a house that is practically impossible to sell.

Environmental checks are also useful in highlighting whether there is any risk of flooding to the property. Many traditional towns and cities are built on the banks of rivers, with properties therefore at a slight risk of being built on a flood plain - although an environmental check will determine the likelihood of this if any.

Land Registry checks

During a Land Registry search, your solicitor will determine that that property seller is the legal owner of the premises you are intending to purchase. This is done quickly and easily by checking the ‘title plan’ and ‘title register’ via the Land Registry. These checks are inexpensive, although they are legally required before a sale can go ahead.

Water authority checks

Before committing to a purchase, your solicitor should establish where the water to the property comes from, and whether there are any public drainage systems on the property. This may seem inconsequential, but can be of particular importance if you want to do any building work - like adding an extension - further down the line.

Checks specific to location

In some instances, your solicitor may suggest arranging additional checks which are relevant to the location of the property. For example, if the property you are purchasing is built upon an area that was formerly used for mining, it may be pertinent to carry out a search of old mine locations. This will help to establish whether the property could potentially sit on unstable ground that could put it at risk of subsidence.

How long should conveyancing take?

As a general rule, most solicitor’s searches take between two weeks and a month to complete. However, the results of these checks could prompt your solicitor to make additional enquiries, which could extend the amount of time taken to complete them.

It is difficult to give a definitive answer in terms of the timescale for conveyancing searches. The length of time it will take will depend on several factors, including:

- The speed and experience of your solicitor.

- The location of the property.

- The types of searches that need to be conducted.

- How long external sources take to respond to your search requests.

Some councils and authorities will respond very rapidly to conveyancing requests, whereas others may take days or weeks - particularly if there is a backlog of queries to work through. The best way to keep up to speed is to stay in contact regularly with your solicitor. This allows you to ensure they have filed all relevant requests, that can be chased up in the event of any delay.

Can I perform conveyancing checks myself?

While it’s possible to perform these checks on a DIY basis, buying a property involves a lot of financial and legal aspects, which can be invariably complex and confusing. Many lenders will insist on you having a solicitor to perform conveyancing duties before they agree to provide you with a mortgage.

Looking for a mortgage and need advice?

If you’re unfamiliar with any aspect of the conveyancing process - or any aspect of the mortgage application process, for that matter - don’t worry. At Mortgage Mentor, we’re proud to offer free mortgage advice at every step of the juncture. Whether you’re a first-time buyer or hoping to move up a notch on the property ladder, our team is here to help simplify the process without any hidden agenda. What you see is what you get - simple, honest advice.

It’s our belief that getting a mortgage doesn’t have to be complicated. Why not try out our innovative, app-based mortgage brokerage for yourself, and find out just how easy it is to find the keys to your new home with Mortgage Mentor.

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