This article is a guide for questions you should ask when you buy a house.
When should I instruct a solicitor?
The first formal step is to choose and instruct a conveyancing solicitor to act on your behalf. If you are buying, this should be done as soon as your offer is accepted. Early instruction helps avoid delays.
Once instructed, your solicitor will begin the required compliance checks, including verifying your identity, proof of address, source of funds and source of wealth. If any part of your deposit is gifted, the donor may also need to provide identification, evidence of funds and a signed gift declaration.
Your solicitor can then review the contract pack once received from the seller’s solicitor, order searches, raise enquiries, review your mortgage offer and report to you on the legal title. Instructing early means key checks can be completed in advance, reducing the risk of delays later in the process, particularly before exchange of contracts.
What compliance checks do I need to complete?
Your conveyancer must complete compliance checks before they can progress your purchase. These usually include ID verification, proof of address, source of funds, source of wealth and, if you are receiving financial help, gifted deposit checks. Providing this information early helps avoid delays before exchange.
When signing a title deed, witnesses must be a legal adult (18+) and independent. They cannot be your spouse, civil partner or anyone with a financial interest in the transaction.
What do I require for source of funds?
You will need to provide evidence showing where your purchase money came from, not just that you have it. This may include bank statements, payslips, a mortgage offer, sale completion statement, inheritance documents, investment statements or a gifted deposit declaration with the donor’s supporting evidence. Your conveyancer may ask for further documents if funds come from several sources or include large or unusual payments.
What is the difference between exchange and completion, and when can we exchange?
Exchange is when the purchase becomes legally binding, the completion date is agreed, and the buyer usually pays the deposit. You can exchange once all legal enquiries, compliance checks, ID verification, source of funds checks, any gifted deposit declaration and lender sign-off are complete.
Completion is when the purchase money is transferred, ownership passes to the buyer, and the keys are released. Withdrawing after exchange without a legal right may result in losing the deposit and liability for further losses.
Is the property freehold or leasehold? Why does it matter?
This matters because freehold and leasehold properties are owned and managed differently.
A freehold property means you own the property and the land it stands on. You are responsible for maintenance and repairs, subject to planning rules, title restrictions and any covenants affecting the property.
A leasehold property means you own the right to occupy the property for a fixed number of years under a lease. Flats are commonly leasehold. Leaseholders may need consent from the freeholder or management company for alterations and may have to pay service charges and ground rent.
For most new long residential leases granted after 30 June 2022, ground rent is generally restricted to a peppercorn under the Leasehold Reform (Ground Rent) Act 2022.
How should I hold the property: joint tenants or tenants in common?
If you are buying with someone else, you must decide how you will own the property.
Joint tenants mean you own the property together equally, with no separate shares. If one owner dies, their interest automatically passes to the surviving owner, regardless of what their Will says. This is common for couples who want the property to pass automatically to each other.
Tenants in common means each owner has a defined share, which can be equal or unequal, for example 50/50 or 70/30. If one owner dies, their share passes under their Will or the intestacy rules, not automatically to the other owner. This is useful where buyers contribute different deposits, want to protect family money, or have children from previous relationships.
If contributions are unequal, a Declaration of Trust should be considered. This records each person’s share, who paid what, and what happens if the property is sold or one owner wants to leave. This being said, these documents are often the source of disagreements, thus making it important to instruct a solicitor with experience to avoid future litigation.
Our London-based team of litigation solicitors understand when a declaration of trust can be challenged. They will be able to assist you in drafting a good trust deed should you need it and will be able to advise you if you make a claim for misrepresentation and/or undue influence or have one brought against you. All of our solicitors are regulated by the Solicitor Regulation Authority (SRA), so you can rest assured that by instructing us, you will receive bespoke legal advice from our expert team. For more information, please visit Equitable Interest Property or to book an appointment please call 020 8840 6640.
What enquiries will my conveyancer raise?
Your conveyancer will raise enquiries about the legal title and any issues affecting the property.
These may include:
- Title and access issues — including boundaries, rights of way and any restrictions affecting the property.
- Planning and building matters — including planning permissions, building regulations, guarantees and warranties.
- Property information — including disputes, utilities, occupiers and issues revealed by searches or the survey.
- Leasehold or management matters — including lease terms, service charges, ground rent and management company arrangements.
The purpose is to identify legal risks before you become legally committed.
What level of survey do I need? Why is it important?
A survey helps you understand the condition of the property before exchange. It is not usually a legal requirement, but it can help identify defects, repair issues and potential costs before completion.
Common survey options include:
- RICS Level 1 Home Survey — suitable for conventional properties in good condition.
- RICS Level 2 Home Survey — a more detailed report for properties in reasonable condition.
- RICS Level 3 Home Survey — a full building survey, often used for older, larger, unusual or defective properties.
A survey may also:
- identify visible defects;
- highlight maintenance issues;
- support further enquiries;
- help with price renegotiation;
- reveal issues that could affect mortgageability or resale; and
- reduce the risk of unexpected repair costs after completion.
Find out more information about RICS Home Surveys and their costs for your property purchase. Surveys are useful for both freehold and leasehold properties. You must be informed about the condition of your property. Read our blog about common pitfalls to avoid when purchasing property for further information.
Are there any neighbour disputes or complaints?
Neighbour disputes can affect your enjoyment and future sale of the property.
The seller should disclose disputes and complaints in the TA6 Property Information Form. This form also covers other key information, including boundaries, notices, alterations, guarantees, occupiers and utilities.
If a dispute is disclosed, your conveyancer can raise further enquiries before exchange. It is important for all purchasers to be aware of protocols and debt.
What will my conveyancing cost be?
Conveyancing fees cover the legal and administrative costs to transfer the property from the seller to the buyer. There is no single set cost when looking at your conveyancing fees. It is dependent on the type of property you are buying and what process it involves. Ensuring your finances are in order, knowing the total cost of the purchase and conveyancing, will assist you in a smoother home purchase process. At Starck Uberoi, we ensure transparency in conveyancing costs. Find out more on conveyancing fees and our free and quick conveyancing fee calculator.
How much deposit do I pay and what is a gifted deposit?
Most lenders require a minimum deposit of 5%–10% of the property value, although a larger deposit may help secure a better interest rate. First-time buyer schemes may also be available.
A gifted deposit is money given towards your deposit, usually by family, which is not a loan and does not need to be repaid. The person gifting the money must sign a declaration, and the source of funds must be verified to comply with AML requirements.
How much Stamp Duty Land Tax will I pay?
Stamp Duty Land Tax, known as SDLT, may be payable when buying property in England.
The amount depends on:
- the purchase price;
- whether you are a first-time buyer;
- whether you already own another property;
- whether higher rates apply;
- whether any relief is available; and
- whether you are buying personally or through a company.
If you are purchasing a second home, you may have to pay the higher rates of SDLT. As the rates of SDLT vary depending on your individual circumstances, our detailed informative blog on higher SDLT rates can assist you further, and you can find our free and instant SDLT calculators.
Although conveyancing can appear to be a complex process, asking the right questions before purchasing a property can help you make informed decisions and avoid unexpected issues. For further information on common mistakes when buying a house, read our blog on common pitfalls to avoid when buying a property.
What is the process for buying with tenants in place?
You buy the property subject to the existing tenancy, meaning the tenants remain and you become their landlord on completion. Before exchange, your conveyancer checks the tenancy agreement, rent record, deposit protection, safety certificates, notices, arrears, disputes and any licence requirements. Your lender must also approve the property being bought with tenants in occupation. On completion, rent is apportioned, the deposit is transferred or re-protected, and the tenant should be notified of the new landlord’s details. It is important to understand the legal implications of buying such property, and we can check this for you. Get in touch with us, call 020 8840 6640 or email us at solicitor@starckuberoi.co.uk.
How long does buying a house take?
It usually takes around 8-12 weeks from offer to completion, though this may vary depending on the type of property, acquiring survey reports, etc. We ensure we are transparent while handling conveyancing for you. For more information read our blog about the conveyancing process.
How Starck Uberoi Solicitors Can Help
At Starck Uberoi Solicitors, our conveyancing team assists clients with residential purchases, buy-to-let acquisitions, second homes, limited company purchases, transfers of equity, refinancing, portfolio purchases, mixed-use property and commercial property transactions. Our residential property solicitors have vast experience in buying leasehold and freehold properties and pride ourselves in offering an efficient and reliable service.
We are Law Society Accredited under the Conveyancing Quality Scheme (CQS) in recognition of the excellent standard of conveyancing service we offer. We take a client focused approach dedicated to making the conveyancing process as quick and easy as possible, and we offer a comprehensive and convenient no obligation online conveyancing quote. We are also trusted conveyancers on the lender panels for the majority of high street lenders including Barclays, Halifax, HSBC, Nationwide, NatWest and Santander.
We go above and beyond to provide a comprehensive service to all clients for each matter. To book an appointment, please call 020 8840 6640 or email solicitor@starckuberoi.co.uk. Our offices are located in Brentford, Richmond, Ealing, London Belgravia and Canterbury, all within easy reach by public transport. Our partner, Raminder Uberoi, can also provide a Notary Public service at any of our London offices.
