Housing and property FAQs

You can apply to the Land Registry to get the title plan corrected if you think it has a mistake on it. There are also other solutions to boundary issues, such as making a boundary agreement with your neighbour or applying for a determined boundary. If you’re buying a property with boundary issues, it can be risky and time-consuming, so it’s essential to seek advice from legal and land-surveying experts, and ensure any disputes are resolved by the seller prior to completion to avoid costly fees.

Yes, there are a few ways to potentially reduce your stamp duty liability. First-time buyers can benefit from relief on properties up to a certain value. You may also be exempt from stamp duty due to the transfer of property. Other ways to reduce stamp duty include convincing the seller to lower their asking price, paying for fixtures and fittings separately, adding a booster to your mortgage, or opting for a new build, as some developers may agree to pay all or part of the stamp duty to attract buyers.

While it is technically possible to go through the conveyancing process without the help of a solicitor, if you are buying with a mortgage, most lenders will require you to use a solicitor or conveyancing specialist to facilitate your move. Using a conveyancing solicitor helps guide you through the legal complexities involved in property transactions, saving you time and money, and so is highly recommended! 

Whether you’ll pay will depend on the ‘chargeable consideration’ (the overall price of the property, including mortgage liability, cash payments, legal fees, fixtures and fittings and any other assets). If transferring equity, you won’t need to pay if the chargeable consideration falls below the Stamp Duty threshold for the property type. You also won’t pay if you’re adding someone as part of a court order (such as owing to a divorce) or if the transfer is a gift and there is no chargeable consideration.

You can pay a fee of £40 if you live at the property (free if you don’t) and complete an application for restriction. You can download the form RX1 and apply online or by post, and you’ll be provided with a restriction in the property title that limits the owner’s ability to manage the property. The restriction prevents the owner from either selling, leasing, mortgaging or remortgaging the property without taking further action.

• Find out if the property or land is registered
• Pay £7 to download a copy of the title register. HM Land Registry has a scanned copy of the deeds if they are marked as ‘filed’.
• Complete the deeds request form (OC2) using the property’s title number from the register.

Each copy of a document costs £11, and there may be numerous documents within the deeds. The completed form and payment should be sent to the Land Registry.

There are various ways parents can help their children buy a house:

• Buying a house outright for their child: This will depend on parents’ financial situation and the reasons for buying. It is important that parents consider their own financial wellbeing as well as their child’s.
• Gifting a deposit: Typically, first-time buyers will need at least a 10% deposit to purchase a property, which is difficult in today’s world. Most mortgage lenders will accept a gifted deposit, meaning parents will have no stake in their child’s home, but supporting documents and a Gifted Deposit Letter are required.
• Lending the money and charging interest, or being paid back when the property sells: If parents can’t afford to give their children a large sum of money, they can arrange a repayment plan with terms.

If you are looking to buy your first home, setting up a Lifetime ISA account could be a great option to help you save up for your deposit on your new home. You can deposit up to £4000 annually into your Lifetime ISA and receive a 25% annual bonus from the government.You can learn more about this deposit-boosting product here.

To add someone to a house deed, you'll typically need to prepare and execute a new deed that includes the additional individual's name. This process involves legally transferring ownership rights to the property by completing the necessary documentation and filing it with the appropriate authorities, such as the HM Land Registry.

The inheritance tax rate is currently 40%, which is applicable for any amount above the usual current threshold of £325,000. Trusts can reduce inheritance tax liability in various ways: lifetime transfers to trusts, trusts for minor children or grandchildren (where the threshold is up to £500,000), and trusts with their own nil-rate band.

Choosing a conveyancing solicitor involves considering several factors: seeking recommendations from friends or family, checking online reviews, and comparing quotes. Ensure the solicitor is experienced in property transactions and offers transparent fees. Additionally, verify their credentials and registration with relevant professional bodies, such as the Law Society or the Council for Licensed Conveyancers.

As a rough guide, it generally takes around 16-20 weeks from receiving the draft contract to the completion date. However, factors such as the complexity of the housing chain, whether the property is freehold or leasehold and document delays from either end of the chain may lengthen the conveyancing process. 

A financial assessment determines how much you’ll need to pay for your care, and whether your home is included in that assessment depends on your circumstances. There are various ways to avoid selling your home:

• Deferred payment agreements: If you’re eligible, you can pay for your care home fees at a later date, with the council paying your fees in the interim.
• Renting out your home: If a deferred payment agreement is in place, income from renting out your home can be used to pay for your care fees, meaning you can defer a smaller amount.
• Giving away your home: Deciding to transfer ownership of your property to someone else is a major decision and requires much thought. If the council believes that you’re giving it away purely to avoid care fees, they can apply ‘deliberate deprivation of assets’ rules and treat the property as if it’s still owed by you.

• Identification: a valid photo ID, such as a driving license or passport
• Proof of income: payslips, or tax returns if you’re self-employed
• Proof of address: utility bills or bank statements
• References: employer or previous landlord recommendations

You’ll be given a copy of the signed tenancy agreement, which details the terms of your rental.

A draft contract is the initial agreement detailing your property transaction, usually drawn up by your solicitor in collaboration with the seller’s solicitors. This contract is in draft stage until the exchange of contracts stage later down the line when this contract becomes legally binding. 

Property surveys are checks carried out on a property that you are looking to buy focusing on inspecting its quality by an expert surveyor. Surveys can uncover structural defects in the property that could be expensive to repair, giving you more details about the property that you’re looking to buy. 

Residential properties are distinct from commercial premises (used for business purposes) and include semi-detached, detached or terraced houses, land and structures for dwelling purposes, flats and annexes, among others.

Mortgage fraud can involve overstating a salary, income or value of a property, seizing control of genuine conveyancing processes, applying for mortgages in the name of a deceased person, taking out mortgages with multiple lenders, or changing title deeds without owners’ knowledge to allow a property sale.

 On average you can expect to spend between £1500 - £2000 plus disbursements on conveyancing, however your costs may differ based on where you are based geographically and the complexity of your property’s sale or purchase. Looking to find a conveyancer? Get an online conveyancing quote from our network of legal experts.  

Deciding when to apply for a mortgage depends on various factors, including your financial readiness, housing market conditions, and personal preferences. Generally, it's advisable to start the mortgage application process when you have a stable income, a good credit score, and sufficient savings for deposit and conveyancing costs.  

Typically, you will usually need to get in touch with a conveyancing solicitor when you have an offer accepted on a property that either you own or are looking to sell. However, to avoid delays, instructing a solicitor early into placing your property on the market, to receive and complete your paperwork and find any relevant information that may be required may speed up your transaction once an offer has been accepted your conveyancer will then guide you through the legal processes involved with property transactions. Looking to find a conveyancer? Get an online conveyancing quote from our network of legal experts. 

Conveyancing, the legal process of transferring property ownership, is typically handled by licensed conveyancers or solicitors. The buyer and seller each have their own conveyancer or solicitor to represent their interests and ensure a smooth transaction