Buying a home Archives

Shared ownership home: What does ‘staircasing’ mean?

Posted on 20 December 202327 March 2025 by Sarah O'Sullivan

If you live in a shared ownership home, you might have considered buying additional shares in your property. This process is known as staircasing.

What is staircasing?

Staircasing is when you purchase more shares of your shared ownership property, gradually increasing your ownership percentage. As outlined in your lease, you have the option to buy further shares, which means:

Greater ownership: You own a larger portion of your home.
Lower rent: You pay less rent on the shares you don’t own.
Full ownership potential: Most shared ownership properties allow you to eventually staircase to 100%, becoming the sole owner.

To find out if your property allows full staircasing, check your lease or speak with your landlord.

Benefits of staircasing

When you staircase to 100% ownership, you’ll no longer pay rent. You will still need to cover your mortgage, but securing a standard mortgage rate may become easier, compared to a shared ownership mortgage.

How Does Staircasing Work?

Let’s say you initially bought a 30% share of your home. Later, you decide to buy an additional 20%. You would then own 50% of your property.

Interim staircasing: This refers to any partial share purchases (e.g., going from 30% to 50%).
Final staircasing: If you staircase to 100%, you become the sole owner.

Are there any restrictions?

Some properties have restrictions on staircasing due to planning permissions. This is often to ensure homes remain available for local people rather than becoming second homes. Check your lease or consult your landlord to understand any limitations.

Do you have to staircase?

No, staircasing is completely optional. It’s a great choice if your financial situation improves and you want to invest more in your home. However, it’s not a requirement.

Costs to consider

Staircasing does come with additional costs, including:

Property valuation: A surveyor will determine your home’s current market value.
Legal fees: You’ll need a solicitor to handle the legal process.
Stamp duty: Depending on how much you staircase, you may need to pay Stamp Duty.

Financing your staircasing

If you don’t have sufficient savings, you can consider remortgaging to release funds and extend your mortgage term. Many lenders offer options to help finance additional share purchases.

Final thoughts

Staircasing can be a great way to increase your property ownership and reduce rent payments. To explore your options further, review your lease, speak to your landlord, and seek professional financial and legal advice.

If you have any questions, contact our conveyancing team today.

Shared ownership homes: Repairs and home improvements

Posted on 2 December 202326 March 2025 by Sarah O'Sullivan

If you’re considering a shared ownership property, one of the most common questions is: Who is responsible for repairs and home improvements? Understanding your responsibilities can help you budget effectively and avoid any unexpected surprises.

What is shared ownership?

Shared ownership allows you to buy a percentage share of a property while paying rent on the remaining share, typically owned by a housing association or landlord. While this offers a more affordable route to homeownership, it also comes with specific responsibilities for repairs and improvements.

Who handles repairs and improvements?

Structural changes and home improvements

While you’re free to decorate and make minor cosmetic changes, any significant structural changes require approval from your landlord. This is because structural modifications can impact the property’s market value, which may affect the price if you decide to staircase (buy additional shares).

Keep in mind that a landlord is not responsible for upgrades like a new kitchen or bathroom if your motivation is purely aesthetic.

Initial repair period

Some shared ownership properties come with an initial repair period, typically lasting up to 10 years. This applies if you own less than 100% of the property.

During the initial repair period:

The landlord covers essential repairs but cannot use the reserve fund or service charges to pay for them.
You are still responsible for paying your service charges as usual.
You may be able to claim up to £500 per year from your landlord for certain repairs, including issues with water, gas, electricity, or heating systems.

You can check whether your property has an initial repair period by referring to the Key Information Document provided by your landlord before you reserve the home.

External and structural repairs

For new-build homes, external and structural repairs are usually covered by a building warranty for the first 10-12 years. If you purchase a shared ownership resale property, any remaining warranty period will transfer to you.

For flats, external repairs are typically the responsibility of the freeholder or building owner. The cost is then divided among all flat owners through your service charge.

What to Do if Repairs Are Needed

If an issue arises, contact your landlord as soon as possible. They will assess the problem and determine whether the repair is essential. Keeping clear records of all communications and repair requests can be helpful.

For further information, visit the government website for official guidelines.

By understanding your responsibilities, you can enjoy the benefits of shared ownership without unexpected repair costs.

Shared ownership: How to get on the housing ladder

Posted on 2 October 202326 March 2025 by Sarah O'Sullivan

Shared ownership can be a way of getting onto the housing ladder for many people. But, there are a few things you should consider first.

What is shared ownership?

Shared Ownership is a form of affordable housing. The term ‘shared ownership’ encompasses schemes where a registered social housing provider grants a lease of a percentage share of the property and rents the remaining percentage to the tenant. Shared ownership homes are offered by housing associations, local councils, and other organisations. They are called ‘providers’ or the landlords.

From a conveyancing perspective, the transaction is still dealt with by solicitors, and the usual conveyancing and mortgage costs are still payable when you opt for a shared ownership purchase.

Who is eligible?

You are only eligible to purchase a shared ownership property if you meet certain criteria. The government sets this criteria:-

You can buy a shared ownership if both of these apply:-

your household income is £80,000 a year or less (£90,000 a year or less in London)
you cannot afford all of the deposit and mortgage payments for a home that meets your needs

0ne of the following must also be true:

you’re a first-time buyer
you used to own a home but cannot afford to buy one now
you’re forming a new household – for example, after a relationship breakdown
you’re an existing shared owner, and you want to move
you own a home and want to move but cannot afford a new home that meets your needs

For some homes, you may have to show that you live in, work in, or have a connection to the area where you want to buy the home.

There are also some other specialist Shared Ownership schemes for people who:-

are members of the Armed Forces
are over 55 years old
a person with a long term disability

More can be found on the Shared ownership homes: buying, improving and selling: Who can apply – GOV.UK

Buying a shared ownership property

All shared ownership property, whether it is a house or a flat will be leasehold. The Provider will own the freehold interest in the property and will grant you a lease. A shared ownership lease will specify that you own a given percentage, which will be the share you agreed to purchase. The purchase price you pay will be a percentage of the market value which corresponds with the share you will receive. You can either have a brand new lease granted on a new build property or be assigned an existing lease on an older property.

The lease will usually contain a provision which will allow you to buy additional shares throughout the term as and when you are able until eventually you own 100%. This is known as “staircasing”. You should note however that not all leases allow you to staircase and those that do may not allow you to staircase to the full 100%.

Initial ownership can start at 10% ownership, but usually, a lease is offered with a share of 25%, 50% or 75% of the value of the property. This can be paid for with a mortgage or from savings. As with a usual transaction, a deposit will be required which is usually 10% of the purchase price of the share.

The remaining share is then rented from the Provider for an affordable rent. Your monthly outgoings may include a mortgage payment and rent but will be much lower than the mortgage costs if you were to buy outright. When you can afford to, you may be able to increase your ownership of the property by staircasing. This can also be from either savings or a further advance on a mortgage.

Example:-

If the market value is £150,000.00 and you agree to buy 25%, the price you pay will be £37,500.00. You will then pay rent, known as “specified rent”, on the remaining 75% share.

Staircasing

Once you have purchased the initial share of property you can choose to increase your share, if your lease allows.

The amount you can staircase by is dependent on what your lease says and its age.

If you are looking to buy more shares, you will still require a solicitor to do this. You will also require a valuation so that the additional share is calculated based on the current value of the property. Please get in touch with one of our property specialists as they can assist with interim staircasing and final staircasing.

Will I have to pay stamp duty land tax?

Yes, the tax will be payable, however, the amount is dependent on a couple of factors: –

If you are buying a new build property and you are the first owner, you have a choice to either pay Stamp Duty Land Tax on the share that you are buying or you can elect to pay the tax on the full market value of the property
If you are buying an existing shared ownership (an assignment) then you can only pay the tax on the amount that you are acquiring.

The provisions for stamp duty on shared ownership properties are complex and we suggest you contact us for specific advice on your particular transaction.

What is a maintenance charge?

In common with most leasehold properties, you will be obliged to pay a share of the landlord’s expenditure incurred in satisfying its obligations under the lease. The type of obligations varies depending on the type of property you are buying:-

For a flat this may include, cleaning and lighting communal areas, building insurance, external decoration and structural repairs all of which you will share with other leaseholders.
In the case of a house, this can include building insurance and sometimes the cost of maintaining any common areas of an estate.

These costs are usually collected with the rental portion of the payments that you make to the Provider.

Can I let the property?

It is not usually possible to let a shared ownership property though once you have staircased to 100% this may be an option. This will be specified in the Lease.

Selling a shared ownership property

If you have bought the house outright you are free to sell the property as you wish but your landlord is usually entitled to buy back the property so that it can be offered to other families who seek low-cost shared ownership. They are obliged to pay you the full market price for the property.

If you only own a share of the property your landlord may require that you sell that share to a household nominated by them or to the landlord themselves, again for the full market price.

You may find that a shared ownership property is more difficult to sell than a ‘normal’ property as the pool of buyers is smaller because not everyone will meet the required criteria. However, the provider may also have a waiting list of potential purchasers.

The lease with have instructions on what to do when you wish to sell the property. This usually entails:-

Telling the landlord you wish to sell
The landlord will try and find a buyer for you within what is called the nomination period. This can be from 4 to 12 weeks.
If the landlord doesn’t want to buy the property or can’t find a buyer for you in the nomination period, you are then allowed to sell on the open market. You can either offer this as the share you bought or sell the whole property.

What other things should I consider?

A shared ownership lease is seen to be a tenancy agreement rather than a long lease until it has been staircased to 100%. Terminating a tenancy is much simpler than forfeiting a lease since all the landlord has to do is prove that the rent is in 3 months’ arrears. It is therefore important to note that you are at serious risk if you do not keep up with your rental payments.

You will need to get a specialist shared ownership mortgage if you are using one to assist with your purchase.

There are some additional costs to consider when selling, these can include:-

Paying for the landlord’s valuation costs
Paying for the landlord’s legal fees
Paying a nomination fee, if the landlord finds a buyer for you in the nomination period.

If you want to purchase a shared ownership property, please do not hesitate to get in touch, for bespoke advice.

We are members of the Law Society Conveyancing Quality Scheme.

Guide to buying new build homes

Posted on 25 July 202326 March 2025 by Sarah O'Sullivan

Buying a property is an exciting time and buying a new build property can be even more exciting as you are buying a blank canvas, with all new fittings – which you may be able to customise. However, buying a new build property is more complex than buying an existing property, with a lot more that needs to be considered. Here our conveyancing expert Marie Rodgers, sets out what you need to know.

What is a new build home?

A ‘new build’ is defined most usually as a property that was built, converted or refurbished within the last two years. People most commonly think of new build as totally new houses – those which are being bought ‘off-plan’. An ‘off-plan’ property is one that is yet to be built; it may be part-way through construction or not yet begun. The sale details for an off-plan property will comprise floorplans, working drawings and computer-generated images instead of photos, to see what the finished product will look like. However, ‘new build’ also includes properties that have been occupied or rented before, but are still owned by the builder or developer.

Reservation fee for new builds

When you agree to purchase a new build, the developer will ‘reserve’ this plot for you in return for paying a ‘reservation fee’. The amount of this fee can vary depending upon the property and development but usually varies between £500-£2,000. This forms part of the agreed purchase price and is deducted from the balance which you pay for the property on completion. It’s important that you check your reservation agreement carefully in order to work out whether this reservation fee is refundable in the event you do not proceed with the purchase of your plot.

Exchange deadline

A key difference with new builds is that the developer will impose a deadline by which an exchange of contracts must take place. This is usually 28 days. This means that the process will move at a very fast pace and it’s therefore important that you instruct a conveyancer quickly. Also make sure you act quickly upon their instructions as to what they require to progress your purchase. In the event the exchange deadline is not met, the developer reserves the right to re-market the plot, so you could lose the property.

Extras might incur more Stamp Duty Land Tax (SDLT)

One of the benefits of buying a new build property is that you have the ability to customise the property by paying for ‘extras’. Examples of the types of extras you might be able to choose from are upgraded kitchen appliances such as cooker hob, integrated fridge freezer and dishwasher, better kitchen units, better quality floor tiles, bespoke fitted wardrobes and even things for the garden such as turfing and an outside tap.

However, these additional extras may incur SDLT in their own right so it’s best to check this point with an expert. At Tees, we can refer you to a stamp duty specialist who can accurately calculate the correct SDLT you should be paying for your property.

Know exactly what you’re buying in your new build home

The marketing people will show you lots of printed materials and maybe videos to encourage you to buy but these may not show exactly what you will be buying. Your plot could be in a different location on the development site, closer to roads, recreation grounds, with different lights etc. Another thing to be certain of is the precise spec for your new home. You need to know what fixtures and fittings there will be and what building materials will be used throughout the property. Make sure you know what has and hasn’t been included in the total cost so you don’t have a problem later on.

Complex documentation

New build conveyancing is much more complex than that for an existing property. Your conveyancer will be processing a vast amount of additional documentation which comes with purchasing a new build home. They will need to ensure that the necessary planning and building regulation approvals are in place for the development and appropriate provisions are in place for the construction of the roads and sewers on the estate. They will also need to ensure that you have the necessary rights to use these roads and sewers. It’s therefore important that you instruct a conveyancer with knowledge and experience in new build conveyancing who will be able to guide you through the process and identify any issues should they arise.

Mortgage offers on new build homes

Due to the short timescales in which you have to exchange contracts, it’s important that you obtain a mortgage offer as soon as possible. You will need to make sure you have a valid mortgage offer in place before an exchange of contracts. Your conveyancer will also need to ensure that any conditions contained within this offer have been complied with and that the lender is happy to proceed.

If your property is not yet built when you exchange contracts, it’s possible that your mortgage offer may expire before you get to move into your new home. In this instance, you should speak to your mortgage broker or lender directly, in order to ensure that your offer can be extended, or a new offer obtained, should it be required. You should bear in mind that if a mortgage extension or new mortgage offer is required prior to completion, any new product or interest rate attached to the mortgage, may not be as good as the original mortgage offer issued.

Dates for completion

When you exchange contracts on a new build property, if the build is not complete, then a ‘fixed’ date cannot be agreed for completion. Instead, the developer will provide you with an ‘estimated’ date for completion. This is the developer’s best estimate for when the property will be completed based upon their forecasts. Unfortunately, factors may delay the build which are outside of the developers’ control. At Tees, we will always ensure that there is a ‘termination’ (often referred to as a ‘longstop’) date in the contract. This is the final date by which the developer has to complete the build of your property, failing which, you can terminate the contract and have your deposit and reservation fee returned to you.

Annual maintenance charge

A new property often forms part of a larger development and will involve the use of shared common areas, such as green spaces or play areas, shared accesses, or private roads. The costs for any upkeep and maintenance for these areas will be payable by the individual property owners by way of an annual maintenance charge. The amount of this charge will vary depending on the development. You should discuss this directly with the site office at the development before reserving your plot so that you are fully aware of the ongoing maintenance charges for which you will be liable.

Structural warranty

Your property will be sold with the benefit of a 10-year structural warranty. Your conveyancer will ensure your warranty is in place upon completion and provide you with a copy of the necessary documentation which you will need in the event you ever need to make a claim in future or sell the property. They will also check with your lender in order to ensure that they are happy with the warranty which is being provided.

Do I need a snagging list for my new build home?

It’s common to find defects that require rectifying. They could be relatively small issues such as poor quality paintwork or a hinge that is broken or more major issues such as a leaking pipe. The developer should check everything, but nothing is foolproof so you need to create a list of what needs doing – a snagging list. Make time to walk through the whole house systematically to check for marks, scratches, and things which are broken. You can check floors and surfaces are level and whether everything works properly. Make sure there are no leaks from any taps.

You are not able to delay moving into your property for any snagging works which may be required. At Tees, we advise that you inspect your property before moving in, once it is completed, in order to check the finish and ensure that no major works remain outstanding.

However, it may not be possible to do it before you complete if the housebuilder won’t give you access. If you do it after you move in, don’t wait too long, in case the housebuilder tries to say you caused the damage yourself. However, you do have two years from your completion date to report any defects to your housebuilder which they have to rectify as part of your property’s warranty. At Tees, we will ensure you are aware of your rights to get snags fixed and ensure there is an obligation on the developer to carry out these works. If a dispute arises, we have expert property litigation solicitors at Tees.

At Tees, our conveyancing experts have a wealth of knowledge and experience in the world of new build conveyancing and so are best placed to guide you through every step of the way, from initial instruction to completion.

What is conveyancing?

Posted on 5 April 202326 March 2025 by Sarah O'Sullivan

Conveyancing is the word typically used to refer to the legal process of buying or selling a house.

Buying and selling a house can be an exciting process – but it can also be stressful! Our team of Conveyancing experts are on-hand to provide guidance at every stage, as we want to achieve the best result for you – without any stress or worry on your part.

While first-time buyers or sellers may benefit greatly from our guide, even seasoned house movers should stay informed about any changes. Here are the important points that you should be aware of to make the process smoother and more successful:

What documents do I need to sell a house?

To help, we’ve come up with a list of the Top 10 documents which will assist when selling your home:

Title deeds and plans
Planning permission for work completed in the last 20 years
Building Regulations approval and certificates
FENSA certificates from 1 April 2002
GASAFE certificates from 1 April 2005
Electrical certificate from 1 January 2005
Guarantees and warranties for works completed
Any reports such as a flood risk or radon gas
EPC Certificate
Any indemnity insurance documents

If you are unable to provide these, we can assist in obtaining copies for you or your agent may also be able to help.

How long will it take?

This depends upon whether the sale or purchase is a one off transaction or caught up in a chain of transactions. If for example the property is empty and the buyer does not need a mortgage and the paperwork is received promptly by the buyer’s lawyer, a sale and purchase can be completed very quickly.

However, more often than not, a mortgage will be needed and there will be a chain of transactions. If this is the case, it will usually take about four to six weeks to exchange contracts and another two weeks between the exchange of contracts and final completion, making a total of six to eight weeks from start to finish.

We will always work hard to minimise delays and to try to complete your transaction as soon as possible. It is not possible however to guarantee the time it will take when a chain of transactions is involved. This is because a transaction in a chain can only proceed as quickly as the slowest person in the chain. Examples where delays could arise include when someone is waiting to receive a mortgage, to have a survey carried out or a transaction has started off later than the others in the chain or has previously fallen through.

When selling your property, we recommend gathering together all of the documentation relevant to your property and providing this to your solicitor at the beginning of the process. This will make the transaction quicker and easier to deal with.

When do I need to pay any money?

If you are buying a property your solicitor will ask you for funds, typically £350 at the start of the transaction to cover search fees. Then a few days before contracts are due to be exchanged, your solicitor will ask you for the deposit which is payable on exchange of contracts. This is usually agreed at 10% of the asking price of the property but can vary. The balance of the purchase money and solicitor’s costs including Stamp Duty Land Tax and land registration fees are payable a few days before the completion date as we must have cleared funds on the date of completion.

Do I need a survey?

The legal position is ‘buyer beware’ and that you buy a property in its existing condition with no come back against the seller if there are any defects at all. This is why it is always advisable to have a survey carried out before contracts are exchanged and you are legally committed to buy the property. If you need a mortgage, the lender will insist on a valuation being carried out to check on the value of the property but this is not a survey. It depends on the type of property you are buying as to the type of survey that it is advisable to have carried out. We will be pleased to discuss this with you and have good relationships with various local surveyors and can put you in touch with them to get this advice.

What searches do you carry out?

If you are buying a property we will carry out all appropriate searches and pre contract enquiries for you against the property. The main searches are:

Local Authority Search
Drainage and Water search
Environmental Search
Chancel Search and Land Charges
Land Registry Searches

These searches are undertaken to check that there are no adverse matters registered against the property including for example breaches of planning, proposals for nearby new roads or traffic schemes, whether there are any risks from contaminated land or flooding and whether there is any potential liability to contribute towards the upkeep of the chancel of any medieval church in the vicinity. Our drainage and water search will show whether or not the surface and/or foul water drains run into a public or private sewer and the route that they take and whether the property is connected to the mains water supply. We also ask various questions of the Seller to identify a host of important things like who is responsible for the boundaries, when the central heating was last serviced, whether there are any guarantees for building work and whether they have had any problems with the neighbours.

When do I need to arrange building insurance?

Unless the insurance is being arranged by the lender or it is a leasehold property and the insurance is dealt with by the landlord, this must usually be arranged from exchange of contracts as the property will be at your risk from that time. You should make arrangements to have this in place immediately Contracts are exchanged.

What does exchange of Contracts mean?

Once all searches, pre contract enquiries and your survey has been carried out, any mortgage offer required has been received and you and the other parties in the chain are ready to proceed, Contracts can be ‘exchanged’. There are two parts to the Contract. One is signed by the seller and the other part by the buyer. Your solicitor will check with you and the other parties in the chain as to a suitable completion date and will then ‘exchange’ the Contract with his /her opposite number. This is usually dealt with on the telephone and it is only at that stage that you are a legally committed to the purchase or sale and that a completion date is agreed.

What is the ‘Completion Date’?

This is the date agreed on exchange of Contracts for you to complete your purchase or sale. It is the day that the buyer is entitled to collect the keys and move into the property.

What happens on the ‘Completion Date’?

This is when the buyer’s solicitor sends the balance of the purchase money through the banking system to the seller’s solicitors. Once received they will call the estate agents to authorise them to release the keys to the buyers. On completion the seller has to move out (give ‘vacant possession’) and remove all furniture and effects from the property. The seller’s solicitors will send the deeds of the property to the buyer’s solicitors and send to the seller the balance of the sale monies after payment of any outstanding mortgage, estate agents fee and legal costs.

What happens after Completion?

The buyer’s solicitors will pay any Stamp Duty Land Tax and arrange for the buyer and the lender to be registered as the new owner and lender at the Land Registry.

If you are looking to buy a property, please do not hesitate to get in touch. Our specialist lawyers are members of the Law Society’s Conveyancing Quality Scheme and are based in:

What happens on completion day?

Posted on 26 January 202326 March 2025 by Sarah O'Sullivan

The day of completion is the final step in the house buying and selling process. It is the pre-arranged date when the financial and legal formalities are concluded, and the ownership of the property is transferred from the seller to the buyer.

On the day of completion, the following steps typically take place:

The buyers’ solicitor will transfer the funds to the sellers’ solicitor.
Once the funds have been received, the seller’s solicitor will contact the buyer’s solicitor to confirm that the funds have been received and will confirm to the estate agents that the keys can be handed to the buyers.
The seller’s solicitor will then send the deeds of the property to the buyer’s solicitor.
The buyer’s solicitor will check the deeds to ensure they are in order and that the property has been legally transferred to the buyer. They will then apply for the title to be amended at the land registry.

The buyer is responsible for arranging the connection of utilities, registering with the local council and other services required at the new property. All of this should be completed from the date of completion. The buyer will normally be responsible for the building’s insurance from the date of exchange rather than completion. Your solicitor will make you aware of this at the appropriate time in the process.

The completion date is the date the buyer takes possession of the property and will have been agreed on by both parties in the sale contract. However, on occasion, the completion process may be subject to delays or complications, and it’s always advisable to work with a reputable solicitor and estate agent to ensure a smooth and efficient process.

Answers to common questions about the day of completion day:

What do conveyancing solicitors check on completion day?

Your conveyancing solicitor will handle the legality of transferring the funds, confirming the transaction has been completed, dealing with all the paperwork and deeds, and (if you’re the seller) redeeming or discharging any mortgage secured against the property.

Prior to completion, the buyer’s conveyancing solicitor will check all mortgage conditions have been met and request the money from the lender.
The seller’s solicitors will request a redemption statement (calculated to the day of completion) if there’s a mortgage on the seller’s property.
For the buyer to become the new registered owner of the property, the transfer deed must be signed by the seller (and also sometimes the buyer). This is usually prepared in advance prior to the completion day.
Conveyancing solicitors on each side create completion statements of all payments made and received and set out any invoices to be paid on completion.
On completion day both solicitors make final checks, and then the buyer’s solicitor will transfer the purchase money via the CHAPS banking system to the seller. For more information on CHAPS, visit the Bank of England website.
Once the signed transfer deed and any other deeds are received, the buyer’s solicitor will complete and submit a transfer form to the Land Registry. This enables the transfer of ownership from the seller to the buyer.
Once the seller’s solicitor has received the funds, they’ll confirm completion with the buyer and release the keys from the estate agent. They also ensure specific charges are paid, including the seller’s estate agent fees.
The buyer will be notified of the completion they can then move into the property.

What can go wrong on completion day?

On completion day, there are several potential issues that may arise, which could delay or disrupt the process of transferring ownership of a property. One potential issue is a delay in the transfer of funds from the lender to the solicitor and between solicitors in the chain of the sale. These delays may occur due to fraud checks, technical difficulties or a lack of sufficient funds. It’s essential to ensure that all outstanding bills and fees, including stamp duty land tax, if applicable, are settled before completion day to avoid any issues.

There may also be delays with the seller vacating the property on time. It’s important to confirm with your removal company the time of their arrival and be prepared for how long it will take to move your belongings. To minimize disruptions, it’s recommended to do as much packing as possible before completion day.

What time do you normally get the keys on completion day?

The time that keys are handed over on completion day can vary depending on the specific circumstances of the sale. Typically, keys are handed over to the buyer once the funds have been transferred and the legal paperwork has been completed. The exact time of key handover will be agreed upon by the buyer and the seller, and it’s usually coordinated through their solicitors or estate agents.

Usually, the keys are handed over in the afternoon, between 12:00 pm and 4:00 pm, but it can vary. The buyer and the seller can agree on a specific time and date to hand over the keys, based on their availability and the time they need to move out of and into the property.

If the completion process is subject to any delays or complications the keys may be handed over later than expected. Therefore, it’s always advisable to have a plan B. Open communication with the seller and your solicitor can help avoid these delays.

Should I call my solicitor on completion day?

Your solicitor will call you when completion has happened. However, it’s a good idea to contact your solicitor on completion day to confirm that the process is proceeding as planned and that all necessary paperwork has been completed. They can also advise you on any final steps that may need to be taken and answer any questions you may have about the property transfer.

In summary, on completion day, you need to make sure the funds are transferred, legal paperwork is completed, arrange for utilities to be connected, register with the local council and other service providers, collect keys, and move into your new property.

Buying a listed building

Posted on 24 November 202227 March 2025 by Sarah O'Sullivan

Many buildings in England that were built before the Victorian era, are listed buildings, so it’s not that unusual to find yourself considering buying one. Before you take the plunge, read our guide covering what you need to know about owning a listed building.

Listed buildings are protected by law

This means owners need listed-building consent and planning consent for changes, even minor changes – and that applies to the inside, as well as the exterior. If you don’t get listed building consent before starting work, it’s a criminal, rather than a civil, offence! While this extra red tape shouldn’t put you off buying a listed building, you need to be aware of the challenges and potential extra costs involved before buying.

Additional challenges that buying a listed building brings:

getting permission from the local authority for any changes to the building can take a long time to organise
buying specialist insurance
additional costs to run the building and repair it, using specialist builders and specialist materials
modern adaptations, such as energy efficient changes like insulation or double-glazing, may not be allowed.

What is a Listed Building?

A listed building is one with special historical or architectural interest. It’s protected by the Planning (Listed Buildings and Conservation Areas) Act 1990). They are listed to preserve their special features for future generations of people to enjoy, protecting them from changes, which could damage the building, or are not ‘in-keeping’. In most cases, this covers the whole building (inside and out) plus structures attached to the building, including modern extensions. It can also include outbuildings and garden features.

Generally, listed buildings are from the 19th century or before. England has a good quantity of very old buildings and most of the ones built before 1700, that are still in the original state, are listed. Modern buildings can be listed if they are an example from a famous architect or a good example of a specific style or building technique.

Listed status is granted by the government (the department for Digital, Culture, Media and Sport) on recommendation from an independent panel of experts such as Historic England. There are approximately 400,000 listed properties in England, with three grades:

Grade I (2.5% of listed buildings) – buildings of exceptional interest
Grade II* (5.5% of listed buildings) – buildings of particular importance
Grade II (92% of listed buildings) – buildings of special architectural or historic interest warranting every effort to preserve them.

The different grades carry different limitations so if you’re thinking of buying the building, it’s vital that you know which grade it falls into. Most Grade 1 buildings are owned by the government or major organisations so you will most likely be looking at Grade 2* or Grade 2.

Buying a Listed Building – a checklist of what to do

Although the buying process is the same, you will have different and multiple obligations even if you own the freehold. Never make any assumptions about what you will be able to change. Ask an expert before you buy the property.

Find a listed building expert – the Historic England website has a guide to experts.
Do a listed building map search if you’re viewing older properties (1900 and before) that aren’t advertised as being listed, just to make sure.
Understand why it was listed. The National Heritage List for England will give you the date it was listed, the grade and a description of the listed building, along with the explanation as to why it was listed and the details of the restrictions which helps you understand what you won’t likely be able to change.
Gather all the details together and make sure they’re accurate before you buy the property because you won’t be allowed to change the elements that are listed. Take particular care with extensions – the restrictions may well cover an extension as well.
Get a specialist survey – do not skip this step! Consult with the specialist surveyor who’ll be knowledgeable about construction materials, period features, points of historical interest – their survey report will be very helpful.
make sure you have evidence of previous consent to carry out building work. If the previous people didn’t get this, and you buy the property, it will be up to you to fix any errors; this could be extremely expensive.
Find out if you can get a grant from organisations like Historic England to help pay for repairs. Research grants to find out more about your building may also be available.

What does the local conservation officer do?

You need to make a friend of this person! They will:

tell you what you can and can’t alter – you will need consent from them
help you check the planning history to see if there has been any subsequent documentation and crucially whether any unapproved changes were made in the past. If you buy the house, you could be liable for putting those right.
explain the process which includes consultations prior to the submission, to help make it more likely you will get consent.
help you with the large amount of detail needed, which is far more than for a planning application.

Planning a listed building renovation

You must get consent for everything. Don’t be tempted to leave some things out of your application. Take care over ‘like-for-like’ changes, for example roof tiles and windows, as the rules are complex. You may need to apply separately for every change, for example, a new conservatory, new roof space, swimming pool. Remember the process isn’t fast, so leave plenty of time.

The purpose of listed status is to preserve the building. Kitchens and bathrooms apart, you may struggle to get permission for changes. The planning experts will probably be more keen on changes that bring the building back to how it was in years gone by, when it was first built.

Talk at an early stage to the experts: tradespeople, traditional craftspeople and specialist architects. Listen to their advice because they will have done this many times and their advice will likely save you time and money.

If you get the go ahead, you’ll have to pay a listed building consent fee, the cost of which depends on the scale of your renovations.

Modifying a listed building

You will be allowed to change some things and in fact some changes may be necessary to keep it watertight and in good repair. Common modifications for which you should get consent include:

new roof: take particular care with the style and materials used for roof tiles.
internal layout: altering floorplans by taking down internal walls or remove internal features; even though they are inside.
extensions: these are more likely to get the go ahead if they are smaller than the original building and/or if it’s in the same style, using similar materials.
windows: these have a major impact on the overall look of the building so replacing windows with similar traditional materials tends to get approval more easily. Double glazing can be a problem because it often doesn’t look in keeping, but there are alternatives such as secondary glazing leaving the original windows in place.
period features: fireplaces, cornicing, tiles, floorboards, windows – these sorts of features are likely to need preserving, whether or not you are particularly fond of them.
decorating: your personal taste does not have free rein! You may have to use certain paints or colours or styles to maintain the building’s character. Existing decor, if it contributes to the specialness of the building, will have to stay and be preserved.
exposing brickwork or timber: revealing the building’s original features also needs consent.

Older buildings can be in poor condition

Due to their age, even if they have been looked after, old buildings struggle to compete with modern houses when it comes to things like energy efficiency and keeping out the cold. Four things to look out for when assessing your prospective new home are:

Damp: many older buildings have it because they were built differently; they were built to ‘breathe’ and not built to be airtight. Make sure the roof at least is sound.
Plumbing: poor plumbing will be common and getting that sorted should be a priority to avoid disasters like burst pipes.
Electrics: similar to plumbing, the electrics could be ancient and therefore dangerous. The building regulations on electrics are strict and it’s likely you will need to spend money here. Poor electrics and timber-framed or thatched houses are not a good mix, so you’ll need budget to get the wiring done first.
Draughts: you’re unlikely to win any energy efficiency awards. Ill-fitting windows, gaps in floorboards and poor or non-existent insulation all make for a chilly house. Getting that stuff fixed will all need consent.

Listed building insurance

You will need more than a standard policy. Get a specialist insurance policy that does the following:

takes into account the higher cost of specialist tradespeople
covers you for any unauthorised changes that were made by previous owners that may come to light. You will be liable for those even though there were nothing to do with you
covers the elevated costs of rebuilding in the event of a disaster such as a fire. Organisations such as English Heritage will want it returned to its original state and what that costs is not their worry!

While your insurance policy may be more costly than for a three-bed semi, the peace of mind it brings will be invaluable.

Should I buy a listed building?

Don’t let listed status put you off. If you go ahead, you will become the owners of a beautiful home that stands out from the crowd, is brimming with character and will likely retain its value well, all other things considered. Just make sure you take care with every detailed step. Having an expert conveyancer on your side is always a good idea, so you can rest easy knowing nothing has been overlooked.

How to protect your property from fraud

Posted on 9 June 202027 March 2025 by Sarah O'Sullivan

Property fraud is on the increase and fraud methods change all the time. You should look out for anything that seems unusual or suspicious, as usually there will be more than one sign that fraud is being committed.

What are the types of property fraud?

Identity theft and impersonation

Criminals may impersonate anyone involved in a property transaction, including owners, buyers, borrowers, lenders or conveyancers.

One of the ways that property fraud can occur is where a fraudster has used forged documents to claim they are the owner of a property. They then apply for mortgages against that property and the mortgage is registered against the title to the property at the Land Registry. The fraudster then pockets the proceeds of the mortgage and disappears leaving the owner of the property with a debt they know nothing about until the lender claims they have defaulted on the mortgage.

If a property already has a mortgage secured against it, then the consent of the original lender is required before additional borrowing can be completed which makes any fraud harder to undertake.

If you do not have a mortgage or do not live at the property and therefore do not receive any notices or letters that are sent there, you can protect yourself in several ways.

We would recommend that you make sure that you notify the Land Registry of any change of address you may have so that they have up to date records of where to write to you. You can have up to three addresses listed including an email address, so if you travel frequently you will be able to choose the most appropriate addresses for you.

It is possible to register a restriction on your legal title. This requires the consent of a third party before a mortgage can be completed and registered against the title to your property. You can apply for a restriction if you live in the property but you have to pay a fee. If you don’t live in the property but own it privately, it is free.

Buyers

Criminals may use false ID to pretend to be a buyer and make an offer, then withdraw before exchanging. They can then use the information they’ve learned during the process to commit title fraud on the owner of the property. They may also continue with the transaction and steal any money raised from the lender.

Sellers

Criminals may attempt to sell or mortgage a property by impersonating an owner using false or stolen ID.

Criminals often target:

sole owners, especially of unmortgaged properties
owners who have died
owners living overseas
absent owners, especially landlords
owners who are in a hospital or care home
owners who have built up equity in their property

Conveyancers

A criminal may pretend to be a conveyancer or to act for an authorised firm of conveyancers. You should check the details of the conveyancer acting for the other party to make sure they’re correctly registered.

Lenders

Criminals may submit forged discharges – a formal recognition that a mortgage has been paid off.

Be wary if the source of the discharge is not a lender regulated by the Financial Conduct Authority, or where the lender itself does not give you the discharge.

Am I at risk of property fraud?

Anyone who owns or is in the process of buying a home could potentially be targeted by scams, but some homeowners are more at risk than others.

If your property is empty or rented out, it is more vulnerable to fraud. Properties that aren’t mortgaged are seen as more high risk, as are those that are not registered with the Land Registry.

Properties most likely to be unregistered are those that haven’t been mortgaged or sold since 1990.

What can I do if I think I’m at risk?

The first thing you should do is to sign up to the Land Registry Property Alert service.

Alerts are sent to you via email when official searches and applications are received against the property you want monitored.

If someone tries to make changes to a property you have registered – such as applying to change the registered owner of your property – a notification is sent to you via email.

It won’t automatically block any changes to the register but it will tell you what is happening so you can take appropriate action if necessary.

It’s a good service for landlords too, as you can monitor up to ten properties at one time free of charge.

More than one person can monitor a property at the same time, which is useful if you and your siblings are looking after a property for parents in care.

Ensuring your protection during a property transaction

As professional property conveyancing solicitors, we actively engage with our clients to ensure that your data and monies are well protected. We insist that your bank details are only sent by post and will alert you to potential scams such as ignoring emails or phone calls that claim last minute changes of bank account details.

We would also advise:

Do not send your bank details by email to anyone, either phone them through or take them into their office – if this is possible
Choose your conveyancing solicitor carefully. Tees (incorporated under the name Stanley Tee LLP) is registered with the Law Society and the Council for Licensed Conveyancers
Read anything sent to you by your conveyancing solicitor very carefully. We provide our clients with our bank details at the outset, by post and we stress that those details will not change
If you are being pushed to proceed very quickly, be careful. Fraudsters often use this tactic so that emails are used and corners are cut

As simple and stress free as possible

Whether you’re buying your first house or expanding your buy-to-let portfolio, we keep in touch regularly and try to keep the process as simple and stress-free as possible.

Our property solicitors are members of the Law Society’s Conveyancing quality scheme. When you’re ready to make your move, call us to get a conveyancing quote.

How to succeed at property auctions: Expert tips for buyers

Posted on 8 June 202027 March 2025 by Sarah O'Sullivan

So you have seen an auction advertised in your local paper and as you have nothing else to do with your time you decide to go along and have a look to see what is available.

You don’t need a solicitor before the auction – or do you?

Well the answer to that is an emphatic “yes”. You should ensure that you do all of your research before going to the auction as, in the event of you bidding successfully, contracts are exchanged when the gavel goes down and you will have a contract which binds you to purchase the property on the date specified in the contract.

What is more, you should make sure that all of the searches and surveys are carried out before contracts are exchanged, just as you would if you were going to purchase a property in the usual way (which is known as by Private Treaty).

A purchase by auction should not be viewed any differently.

How do I start the process of buying at auction?

After seeing the advert you should get a copy of the catalogue. Most of these are now available online. You should then consider which particular properties you might be interested in.

The catalogue will show a guide price for the property. This is not the price for which the property will actually be sold but the agents guide of their estimate of the price the property may achieve. The property may sell for significantly more than that although it may also sell for less. Do not however make the mistake of believing that you will be able to pick up a bargain.

Properties do on occasion go for significantly higher than the guide price. It only takes a number of people to be bidding for the property to go significantly higher than anyone thought possible. The seller may well have set a reserve on the property which means that the property cannot be sold at the auction for anything below that figure.

What about a survey?

When you have selected properties that you would like to look at then you should arrange to visit them if at all possible and you should also arrange for a proper survey of the property to be conducted by an appropriately qualified surveyor. The surveyor will be able to advise you about the state and condition of the property ensuring that it is structurally sound and also advising on any work that may need to be carried out. This will enable you to obtain quotes if necessary as you do need to go into the auction with all of the relevant costings available.

What will my solicitor do?

The catalogue will show that a legal pack is available and that is what the solicitor needs to look at. This should contain copies of the title deeds to the property and any searches that the seller’s solicitor may have completed. Most catalogues should be available several weeks before the actual auction and you should give your solicitor as much time as possible to check through the documents for you.

Properties which are going to auction often have some form of problem with them. This can be either a legal problem or structural one. Your solicitor will check any legal issues for you and will ensure that there are no problems evident in the title deeds or searches.

Common problems include:

Issues with rights of way or rights for services to be connected
Boundary issues
Missing or inaccurate title deeds
Planning restrictions

Regarding the last point, if the property is being sold with planning then the contents of the planning documents should be checked carefully to make sure that there are no hidden concerns.

You may find that you have to carry out further investigations in relation to such matters as contamination on the site particularly if you are going to convert something to residential use. Make sure that you give yourself enough time to carry these out. “Marry in haste repent at leisure” applies equally to this situation.

Financial considerations

Before attending the auction you must make sure that you have enough money to complete on any purchase. Remember that as well as the amount that you bid for the property the auction house will add a percentage as their fee. You should also take into account any stamp duty that you have to pay and the land registry fee that you will have to pay to register you as the owner of the property if you are successful.

The cost of any searches that have been provided by the seller is often added to the price that you will have to pay and on occasion, the seller also makes it a term of the auction that their solicitor cost have to be paid by the buyer.

Offers in advance of the auction

If you are particularly keen on the property then you may well be able to make an offer before the actual auction. If that offer is successful then the seller is likely to require that you exchange contracts in the conventional way before the auction takes place at which point they will withdraw it from the actual auction.

Auction day – what happens when the day arrives?

Once at the auction try not to get carried away with the excitement of the situation. It is vital that you set a limit on the amount that you can pay for the property. Do not bid more for the property than you can afford or that it is worth to you. This may sound obvious, but it is all too easy to get caught up in the moment and get carried away.

The auction house will ask you to provide them with proof of funds and ID before issuing you with a number which is used to identify you when are bidding. This is required to comply with the Money Laundering Regulations so make sure that you take these with you or you will not be able to bid.

It is possible to bid in a number of different ways. You can bid on the telephone, the internet or via a proxy bid. You will need to comply with the Money Laundering Regulations whichever method you use to make your bid.

Success! Now what happens?

If you are successful you will have to pay the deposit there and then and the bringing down of the gavel signifies exchange. You cannot refuse to complete the transaction on the basis that you find something out after the auction that you should have known before.

The completion date will be set in accordance with the conditions set out at the back of the catalogue and will usually be 20 working days after the auction although this time frame may vary.

If the property is not sold at the auction it may still be possible for you to purchase it as the agents tend to approach any underbidders to see if they would be interested. You will often see agents in a huddle after the auction trying to secure a deal if the highest price offered is very close to the reserve that was set.

Remember auctions can be a very stressful environment but can also be a great deal of fun. Also remember to consult your solicitor as early in the process as possible to make sure that you know all the ins and outs of the property that you want to bid for.

Fast and efficient service

Our Residential property solicitors are members of the Law Society’s Conveyancing quality scheme and experts in dealing with transactions involving property purchased at auction.

We understand that speed of service is an important factor when buying at auction and will take care of all the legal formalities as quickly and efficiently as possible right through to completion.

Can I occupy my new house before the completion date?

Posted on 14 March 201727 March 2025 by Sarah O'Sullivan

In most residential conveyancing transactions, the buyer will not expect to take up occupation of the property they are is buying until the legal completion date. There are however instances when the buyer and seller may agree to the buyer occupying the property before the completion date. This might occur where a buyer has already exchanged contracts on his existing property and is then unable to synchronise the sale and purchase completion dates. Alternatively, where a buyer is living in rented accommodation and his tenancy is due to expire before he is able to complete the purchase.

Licence to occupy

If the buyer and seller agree to the buyer entering into occupation of the property before the completion date, usually the parties will agree basic terms and then look to their respective solicitors to implement these terms. The advice given by a solicitor will invariably differ depending on whether the solicitor is advising a buyer or seller, however, the starting point will almost certainly be the Law Society’s Standard Conditions of Sale (5th Edition). Most residential conveyancing transactions proceed in accordance with the latest standard Conditions of Sale. Standard Condition 5.2 provides that where the seller agrees to the buyer entering into occupation of the property before the completion date, the buyer is considered to be a Licensee and not a Tenant. The main terms of the Licence are set out in the Standard Conditions.

What are the risks of early occupation before completion date?

There are a number of risks which both parties should be aware of:

the buyer’s occupation may invalidate the seller’s buildings insurance policy and therefore compromise the seller’s ability to make a claim under the policy in the event of any damage caused to the property during the buyer’s occupation, whether or not the damage was actually caused by the buyer.
the buyer’s occupation is likely to breach the seller’s mortgage conditions unless the lender’s prior consent is obtained. This is unlikely to affect a seller who has an existing buy to let mortgage product.
if the buyer fails to vacate the property or generally to abide by the terms of the agreed Licence, the seller will still need to obtain a Court Order in order to recover possession of the property. This could be expensive and significantly delay the actual completion date causing serious legal and financial implications, particularly if there is a long chain.
as far as a buyer is concerned, early occupation of the property may be treated by HMRC as “substantial completion” for stamp duty land tax purposes and therefore stamp duty land tax may be payable from the point of occupation as opposed to the actual completion date.
furthermore, the buyer’s occupation is not guaranteed until the completion date. The Standard Conditions provide that the buyer’s Licence may be terminated upon the seller giving five working days notice to the buyer. Where the parties have agreed a long completion date and the seller decides to terminate the Licence before completion, this may force the buyer into finding alternative temporary accommodation and incurring additional storage and other costs pending the completion date.

Licence to occupy before completion

In view of these potential risks, it is advisable that both parties avoid early occupation. Individual circumstances do not of course always permit this, particularly where there is pressure in a chain to exchange contracts or a requirement to complete within a specific time frame or on a particular date. If early occupation is required, it should be under the terms of a Licence with the parties considering any necessary variations to the Licence terms under the Standard Conditions in order to meet their respective requirements.