UK Property Law Centre

Conveyancing is the legal process of transferring property ownership from seller to buyer. It typically takes 8-12 weeks and involves several key stages:

1. Instruct a solicitor or conveyancer — choose an SRA-regulated solicitor or CLC-licensed conveyancer
2. Searches — local authority searches, environmental searches, water and drainage searches, mining searches (where applicable)
3. Review the contract pack — title deeds, property information forms, fittings and contents form, leasehold management pack (if applicable)
4. Raise enquiries — your solicitor asks questions about anything unclear in the documentation
5. Mortgage offer — your lender issues a formal offer and sends it to your solicitor
6. Exchange of contracts — both parties are legally bound, deposit paid (usually 10%)
7. Completion — remaining funds transferred, keys handed over, ownership transfers
8. Post-completion — SDLT payment, Land Registry registration

Safety Requirements

• Gas Safety Certificate — annual inspection by a Gas Safe registered engineer. Must be provided to tenants within 28 days of the check.
• EICR — Electrical Installation Condition Report every 5 years by a qualified electrician. Must be satisfactory or remedial works completed within 28 days.
• EPC — Energy Performance Certificate rated E or above. Minimum C rating expected for new tenancies from 2028.
• Smoke and CO alarms — smoke alarms on every floor, carbon monoxide alarms in rooms with fixed combustion appliances. Must be checked at the start of each tenancy.
• Legionella risk assessment — assess the risk of Legionella bacteria in the water system.
• Fire safety — fire-safe furniture, clear escape routes, fire doors in HMOs.

Deposit Protection

All tenancy deposits must be protected in a government-approved scheme within 30 days of receipt: DPS (Deposit Protection Service), MyDeposits, or TDS (Tenancy Deposit Scheme). Failure to protect a deposit means you cannot serve a valid Section 21 notice and may face a penalty of 1-3x the deposit amount.

Right to Rent

Landlords must verify that all adult tenants have the legal right to rent in England. This involves checking original documents (passport, visa, share code) before the tenancy begins. Failure to check can result in fines up to £20,000 per tenant.

A property is an HMO if 3 or more people from 2 or more separate households share facilities (kitchen, bathroom). Mandatory licensing applies to HMOs with 5+ occupants from 2+ households. Many councils also operate Additional Licensing schemes covering smaller HMOs.

Licence conditions typically include maximum occupancy limits, room size minimums (6.51m² single, 10.22m² double), fire safety standards, kitchen and bathroom ratios, and management conditions.

Penalties: Operating an unlicensable HMO without a licence is a criminal offence with unlimited fines. Tenants can also apply for Rent Repayment Orders to recover up to 12 months' rent.

Permitted Development (PD): Certain changes do not require planning permission, including some extensions, loft conversions, and change of use from commercial to residential (Class MA). PD rights may be removed by Article 4 directions in some areas.

Full Planning Permission: Required for new builds, large extensions, change of use (where PD doesn't apply), and works in conservation areas. Typically takes 8-13 weeks for minor applications.

Building Regulations: Separate from planning permission. Building regulations ensure structural safety, fire safety, energy efficiency, and accessibility standards. Most building work requires Building Regulations approval even if planning permission is not needed.