Conveyancing

Last updated: 8 February 2012

Practice notes

Conveyancing Quality Scheme

The Conveyancing Quality Scheme will provide a recognised quality standard for residential conveyancing practices.

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From the bookshop

Visit the Law Society bookshop for latest conveyancing titles and Transaction forms.

Property section

The Law Society's Property Section assists residential and commercial property solicitors and licensed conveyancers by providing best practice information and support on areas including e-conveyancing, housing, land registration, money laundering, planning and environment, as well as tax and revenue.

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Practice advice

The Practice Advice Service is a dedicated support line staffed by solicitors, that can assist solicitors with conveyancing queries. Advice is free and confidential.

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This area is for residential conveyancers and provides latest information about residential conveyancing, as well as links to related Law Society advice and services.

Latest information

Buildmark acceptance online

The National House-Building Council will introduce a new online system in 2012 to provide instant Buildmark cover information and access to associated documentation.
Find out more and register for updates

New SDLT returns: HMRC issues advice

Following the introduction of the new SDLT 1 form in July, HM Revenue & Customs (HMRC) has issued advice for those submitting returns, including hints and tips for questions 49 to 51 on the SDLT1 return.
Read more

Mortgage fraud webinar

Hear about the latest methodologies and how you can protect your firm from being involved in mortgage fraud in our webinar, which was recorded on 9 November 2011.
Book now

DCLG proposes changes to the energy performance certificates regulations

The Department for Communities and Legal Government (DCLG) has announced proposed changes to the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007. The changes were expected to come into force on 1 July 2011 but they have now been delayed until further notice. DCLG has simply stated that they intend to implement the changes as soon as possible.
Read more

Proposed HS2 link: implications for practitioners

The proposed high speed rail link between London and the West Midlands (commonly referred to as 'HS2') has implications for practitioners working in residential conveyancing and commercial property.
Read more

SRA publishes new supervision and enforcement strategy

The SRA has published a draft supervision and enforcement strategy, which sets out how the SRA will engage with firms that undertake conveyancing work.
Read the strategy
Read more about the strategy

Reminder: changes to SDLT Returns

From 4 July 2011, the new SDLT1, SDLT3 and SDLT4 forms must be used and a unique identifier for the lead purchaser supplied to HM Revenue & Customs (HMRC). The unique identifier will take the form of a national insurance number and date of birth for individuals, and a unique taxpayer reference or VAT registration number for companies and partnerships. Lead purchasers who are unable to provide any of these unique identifiers should contact the Stamp Taxes Helpline on 0845 6030135 to obtain a reference number.

HMRC has warned that any stamp duty land tax (SDLT) returns submitted on or after 4 July 2011 using the old forms or without the required information will be rejected. This may result in the purchaser incurring a penalty charge where a correctly completed SDLT return is submitted outside the 30 day deadline and a subsequent delay in registering the title at Land Registry.
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Disruption to HMRC computer system for SDLT returns

HMRC has warned that due to major IT changes, its computer system for SDLT returns will be unavailable from 00:01 on Saturday 25 June 2011 until 00:01 on Monday 4 July 2011.
Read HMRC's plan for paper returns
Read HMRC's plan for online returns

SDLT relief for purchases involving multiple dwellings

The Finance Bill 2011 includes provisions for a new SDLT relief for purchasers of multiple dwellings, which is intended to stimulate the residential property market.
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Land Agreements subject to competition law

From 6 April 2011, all 'land agreements' are subject to competition law.

Land agreements have previously been excluded from UK competition law and the prohibition on anti-competitive agreements. The Office of Fair Trading (OFT) has published guidance for businesses on the types of land agreements that may infringe competition law.

New stamp duty land tax rate for expensive residential properties

From 6 April 2011, a new increased stamp duty land tax (SDLT) rate of five per cent will apply to residential property purchases over �1m.

Conveyancers should be aware that this increased SDLT rate will apply where the 'effective date' of the transaction is on or after 6 April 2011. This means that the transaction will need to have completed (or any purchase contract must have been 'substantially performed') before 6 April 2011 to avoid paying SDLT at the increased rate. 'Substantial performance' has a technical meaning detailed in guidance from HM Revenue and Customs (HMRC).
Read more
Information on the new SDLT rates

New Land Registry practice guide for statements of truth

Land Registry has published a new practice guide setting out the requirements for statements of truth used in support of Land Registry applications. Practice guide 73 explains how to prepare statements of truth so as to comply with the Land Registration Rules 2003.
Read more

New SRA Handbook and Code of Conduct 2011

Outcomes-focused regulation (OFR) is the Solicitors Regulation Authority's (SRA) new approach to regulation.

Chapter 3 in the Code of Conduct 2011 is on Conflicts of Interest. Read more.

The Handbook references the Law Society and Council of Mortgage Lenders Approved Certificate of Title:

Approved Certificate of Title document (PDF, 67kb).
Approved Certificate of Title document - short form (PDF, 26kb).

Law Society conveyancing protocol and forms

The Law Society Conveyancing Protocol sets out the Society's preferred practice in residential conveyancing transactions of freehold and leasehold property.
Conveyancing protocol (PDF)
A guide to conveyancing protocol is available from the Law Society's online bookshop

The contract incorporating the Standard Conditions of Sale (5 th edition) is designed for use in residential conveyancing transactions.
Standard conditions of sale- 5th edition (PDF)*

The Law Society Code for Completion by Post provides a procedure for postal completion which may be adopted by reference.
Code for completion by post (PDF)

The TA forms aim to help streamline and standardize the process of domestic conveyancing transactions.
More about TA forms including specimen forms and suppliers
Buy TA forms from the Law Society Bookshop.

*Copyright in the Standard Conditions of Sale (5th edition) vests jointly in the Law Society and Oyez Professional Services Limited. The conditions are not to be reproduced without the prior written permission of the copyright holders. The Standard Conditions of Sale (5th edition) are available from most of companies listed on the TA forms page

Apportionments of price for contents

For an item to be regarded as a fixture or part of the land and therefore chargeable to tax, as opposed to a chattel (or moveable in Scotland) which is not chargeable, it must be annexed to the property.
Read more

From the Law Society Bookshop

Conveyancing handbook

The Conveyancing Handbook helps you to resolve a vast range of conveyancing queries quickly and accurately. Join the thousands of practitioners who turn to this annual publication to save valuable time. It provides authoritative and up-to-date guidance on topics from agricultural tenancies to zero-carbon homes.
Find out more

Conveyancing protocol

The Conveyancing Protocol is the Law Society?s new 'preferred practice' for conveyancing transactions of freehold and leasehold residential property. This book contains the text of the Protocol and all the forms, guidance and formulae required, including newly revised editions of the Standard Conditions of Sale, 5th Edition and the Law Society's Code for Completion by Post.
Find out more