When you buy or sell a house, there is a lot of paperwork to get done. Conveyancing is the legal work to make sure that the ownership of the house is transferred safely and correctly.
In Middlesbrough, the whole process often takes fifteen to sixteen weeks from when the house goes up for sale to dropping the keys off at the new house. A survey or mortgage can take a long time to sort out, so the actual conveyancing process — from when the buyer’s offer is accepted to when the house changes hands — often takes six to eight weeks.
2. What is conveyancing
Conveyancing is the process of transferring the ownership of a property from one person to another. When you buy or sell property, you want to make sure the process runs safely and legally. Conveyancing ensures this happens. Conveyancing involves six key steps:
– Instruction: The buyer or seller chooses a conveyancing solicitor. The solicitor obtains the seller’s legal documents and property information pack and prepares a legal contract to send to the buyer’s solicitor for checking. The buyer’s solicitor provides a set of questions and a request for searches, surveys and pre-contract signing. If the buyer needs a mortgage, they confirm their formal offer.
– Search: The buyer’s solicitor carries out local authority and other searches. Local authority searches check for any planning applications, proposals or restrictions, and any issues regarding the property’s boundaries or timber and landfill searches. Additional searches may check for mining or brine extraction in the area. The buyer can also instruct a property survey.
– Contract: The buyer’s solicitor checks the seller’s legal documents, the seller’s answers to questions and the results of the searches. If everything looks good, he or she agrees the contract with the seller’s solicitor. At this point, the buyer will usually be asked to sign the contract and pay any deposit that is due. The buyer’s solicitor will also request a final mortgage statement to check that the buy funds will cover the purchase cost.
– Mortgage: If the buyer is getting a mortgage, his or her solicitor will ask for a copy of the mortgage deed, check that the buy funds will cover the purchase cost, and ensure that the mortgagee’s instructions about the completion date are clear. The mortgage offer will also state what conditions need to be met before the mortgage funds can be released.
– Exchange: Once the selling and buying solicitors are happy with everything, they exchange signed contracts. At this point, the transaction becomes legally binding. If either side pulls out afterward, the other can sue for damages.
– Completion: On the completion date agreed upon during the exchange, the seller’s solicitor sends the title deeds to the buyer’s solicitor, together with a completion statement. A transfer form is also sent to the buyer’s solicitor if the seller is not in a chain. The seller is then free to vacate the property and hand over the keys.
3. Typical timelines for Middlesbrough
Each of the steps in conveyancing takes a different amount of time to complete. An estate agent usually lists the property and does the viewings, while a conveyancer conducts the purchase.
During the early steps of a purchase, the buyer may have their offer accepted and the seller may sign contracts but these events rarely happen at the same time. The contract is exchanged when both parties have signed contracts, deposits have been transferred, and the first key is ready to turn in the lock. Completion happens when the final keys are ready to turn, even if no one is at home for that first turn. The buyer can expect these events to happen in that order.
Early steps often happen at different times. The seller may complete their property information forms before a purchase offer is made. The buyer may apply for a mortgage and have a survey and valuation done while waiting for an offer to be accepted. Exchanging contracts takes between four and eight weeks for properties without a chain and between eight and twelve weeks if there are people at both ends of the chain. Completing a simple transaction takes a day, while dealing with the aftercare tasks happens afterwards.
3.1. Early steps
The first key step for anyone who is buying a property is to instruct a solicitor or licensed conveyancer; experience and local knowledge help ensure no detail is missed. A typical local search takes less than a week, but sometimes extra investigations are required, and these may take longer than expected.
Once a mortgage offer is in place, the buyer is usually ready to exchange contracts—parting with a deposit, committing to the purchase, and setting a completion date. If the seller’s property and chain have been straightforward, this will take around ten weeks from the date of the offer.
3.2. Property offer and contract exchange
A property offer is formally accepted when the seller’s solicitor provides a draft contract. This includes the sale price, details of the seller and property, and relevant documents. The buyer’s solicitor examines the contract and supporting information and raises any queries with the seller’s side. The seller typically replies, particularly to questions about the property’s condition and boundaries. Buyers may also want clarification before the purchase is finalised. Once queries are answered, the buyer’s side prepares a contract to be signed by the buyer, along with documents from the Land Registry. The signed contract and deposit are sent to the seller’s solicitor to be held until completion. Once the seller signs and returns the contract, an exchange of contracts takes place.
Completion is normally a few weeks later, when the sale is finalised. Changes to the date can occur but should be agreed as early as possible, especially in a chain. After completion, key documents are received and arrangements made for payment of stamp duty, if applicable.
3.3. Completion and aftercare
After exchange, the focus moves to completion. This is the final step in buying or selling a property, the moment when money changes hands, and the buyer finally receives the keys. Until this point, the buyer and seller are not legally bound to the deal, so either party can pull out without penalty, but after completion, the deal is legally binding.
Completion often happens as soon as possible after exchange to keep the pressure on all parties, but it can also be scheduled weeks later to suit the seller, buyer, or both. For example, sellers may ask for an extended gap to allow them to move on their purchase, or the buyer may choose a longer gap in order to have the work done before moving in. Completion typically happens at midday but can occur earlier or later on agreement. If it is delayed unexpectedly, a buyer or seller can charge a small fee for each hour it is delayed.
Once it occurs, the property is now legally the buyer’s, and they can move in straight away. They need to arrange for households’ electricity, gas, phone, and council tax to be in place for the new home and normally do this with the help of a specialist broker. They also contact the local council and utilities specialists for drains, water, and other services. The buyer’s solicitors register them as the legal owner and submit searches and completion paperwork to the land registry. Appointed agents then settle the accounts for the transaction and account to each party.
Stringing all these activities together takes effort and pure hard work on the part of the conveyancers; the aim being to make the whole process of transfer of ownership and change of occupants as simple as possible, avoiding needless duplication of work and simplifying documents so that copying and/or typing new documents are minimized.
4. Factors that affect timescales
No two property sales are the same. However, the most significant factors that may alter expected conveyancing timescales in Middlesbrough are the seller, the particulars of the local area, the prospective buyer’s mortgage lender and the required property surveys.
**The seller and chain**
An active sales market is sometimes less beneficial than a quiet one. When a chain is involved, the speed of the seller’s conveyancing often dictates that of the buyer’s. If the seller is not motivated, urgency in the buyer’s conveyancing will not speed up the process.
A vacant possession sale, for instance, does not require relocation, so the seller’s conveyancing may be protracted. It is common for sellers to instruct their solicitor only once they have received an acceptable offer, meaning searches have yet to be committed in time.
*Chains, chain-free sales and onward purchases*
The added complexity of an onward purchase may delay a seemingly straightforward sale. A sale of second or investment property is often less protracted, particularly if there is no mortgage since searches for a specific area can be expensive and time-consuming. A property may also have been purchased freehold with a clean title since new build properties are often retained by the developer until demand dictates a release.
An estate with ongoing development, meanwhile, may lose value if key amenities are yet to be provided. The alternate strategy of acquiring plots that the developer wishes to offload may require an extended lead time for a preferred route.
**Local factors in Middlesbrough**
Factors influence the timing of local searches. Flooding risk, mining activity, downland and tidal estuary location often invite extra checks, as do previous and current land uses. Checklists and question surveyors can ensure that the correct degree of scrutiny has been provided without resorting to costly and time-consuming caveats that the lender simply dismisses.
4.1. The seller and chain
Short timescales usually indicate the seller is not part of a chain, which is often the best scenario. A chain exists when one or more buyers or sellers are dependent on another sale for their own purchase to complete. This can sometimes be managed when the chain is short, with only a few links. However, the more links in the chain, the greater the chance of delay, as granting or receiving information can take time at each link. Protecting a fragile sale in the chain often becomes the job of the person at the front, in this case the seller of the Middlesbrough estate, so remain in regular contact with the solicitor acting for them.
Irrespective of the seller’s circumstances, keep in mind that second-hand homes are frequently financed through a mortgage and that there may be necessary remedial work on the property or the land. Time should therefore be allowed to consider a mortgage offer, to arrange any surveys, and to act on their results, as well as to receive and check the seller’s replies to the formal questions.
4.2. Local factors in Middlesbrough
Local factors in Middlesbrough can also affect the timescale for every move. The council usually takes eight working days to deal with a local authority search request, but ordinance survey responses can take up to 10. Adding another layer of complexity, the busiest planning departments can take over three weeks to respond to even a straightforward search. The environmental report covers flooding, environmental contamination, mining subsidence and energy performance; the timescale is usually fast, but if the report flags a potential risk, further investigation may be slow. Check both aspects with your solicitor.
The buyer’s or seller’s home may also have a bearing. If it’s a leasehold, the leasehold information pack from the managing agent or landlord may take time; if it’s in a conservation zone, the council’s conservation officer may need to check plans. If it’s empty, property insurance may be difficult to obtain.
4.3. Mortgage and surveys
Brokers generally believe that borrowers will need to wait up to two weeks for a mortgage offer once they have supplied all the necessary forms and supporting documentation to the lender. If the target property has been flagged for any reason, or if it lies outside the lender’s more typical preferences, lenders may call for a more detailed survey. Valuations are generally less expansive and report on the property’s rental and sale value rather than any issues that may need further inspection or investigation, but a building survey is a more thorough option. These usually take two weeks to complete and higher-value properties may require these more detailed surveys. If the lender calls for a larger, more detailed survey, the mortgage offer process can extend by an additional three weeks.
If a basic mortgage valuation raises any questions about the property, the lender will usually ask the applicant party for further investigation by an independent professional. In these situations, delays could extend for a number of weeks depending on the findings.
Both the seller’s and buyer’s solicitors will be reviewing the title during this time, including any restrictions, covenants or easements created by the developer or others for the benefit of nearby property owners. Any steering towards a breach can often be resolved quickly. If thee seller’s solicitor uncovers a previously unknown right of way across the property, however, this could take some negotiation and lead to unforeseen delays.
4.4. Title checks and searches
The buyer’s solicitor will check that the seller can transfer ownership. A property owned by more than one person will need the agreement of everyone before it is sold. If the property is leasehold, the seller’s solicitor will also need to get details from the landlord.
During this time, the buyer’s solicitor will also do local authority searches. Middlesbrough Council has information about how these searches work and why they are important. Local authority searches reveal whether there are planning applications nearby and whether the property is at risk from flooding or land erosion. They also show whether the property has a public highway running through it, whether it is under a tree preservation order and whether any planning enforcement notices are in place. In some cases, buyers will also want to order additional searches for mining risk, drainage, or environmental issues.
An environmental search shows whether contamination is an issue, while other searches check for historic coal mining. Additional drainage searches check where the property’s sewage is disposed of and whether it is connected to the public network. If not, additional checks will also be needed to find out who owns the sewer responsible for maintenance and repairs.
5. Tips to speed things up
While some delays are unavoidable, there are ways to speed up conveyancing. Following these guidelines could help shorten the wait.
First, choose your conveyancer wisely. Do not just take the cheapest quote. Look for local firms with a good reputation and the right mix of experience and expertise.
When you ask your conveyancer to act for you, provide as much information as possible. This includes the names of all parties involved in the purchase, sale, or both and details of any mortgage. The more information your conveyancer has, the quicker they can start the work.
Instruct a firm of solicitors to act on your behalf soon after receiving an offer on your property. The solicitor can start preparing documents for the sale. This will save time before your buyer’s conveyancer requests information.
Respond to the requests for information from your solicitor—and from the buyer’s solicitor—as quickly as possible. Missing information can hold things up.
Agree on your sale price and key date as soon as possible. Once both parties are in agreement, give authority to your solicitor to exchange contracts. Do not leave the timing to your solicitors, as they might delay until a brief lull in activity permits an exchange.
6. Common delays and how to handle them
Many factors can cause delays during a property sale, and the main ones have been explored above. Fortunately, homeowners worried about timescales can take steps to streamline the process, especially when preparing to sell. Sealing a sale before exchanging contracts traditionally offered the best protection, although laws now considered the contact to be formed once a purchase offer is accepted. Nonetheless, a time-consuming property chain is still reason to exchange contracts quickly. Working with a local solicitor or conveyancer also helps move sales along.
It is important for buyers to keep in regular contact with their solicitors, rather than waiting for them to request information or documents. Being available to answer queries and respond to requests saves time. Buyers arranging their own mortgage can speed things up by scheduling the valuation at the same time as the mortgage application, thus preventing delays later in the process.
Homeowners selling a leasehold property can help remove uncertainty and minimize the time to complete an exchange by commissioning the necessary leasehold documents before finding a buyer. With a raft of documents to prepare, it is also sensible to ask a solicitor or conveyancer to check them first.
7. What to expect by stage
It is not possible to say how long conveyancing will take in Middlesbrough without knowing the details of each individual case. However, the following guidance gives an overview of what happens at each stage of the process and how long each stage is likely to take in straightforward sales and purchases.
**Early Steps**
The first stage is when the buyer chooses a solicitor. The solicitor receives instructions from the buyer and begins to collect relevant information. This is often a fairly fast stage and a buyer’s solicitor will usually send a request for information to the seller’s solicitor on the same day that they receive instructions. The seller’s solicitor will often also be able to send the buyer’s solicitor the contract, draft transfer deed and a copy of the title register within a few days of receiving instructions. The buyer’s solicitor can then start carrying out the necessary searches.
**Property Offer and Contract Exchange**
The time it takes to exchange contracts after receiving a property offer is largely determined by the seller, but the buyer can expedite the process if they respond quickly to their solicitor’s questions or requests for information and provide any necessary funds without delay. The contract exchange is usually fairly quick. The seller should be able to sign the contract and transfer deed on the same day as the buyer’s solicitor provides them for signing, and there should be no delay in notifying the other party when that has been done. The buyer is then free to sign the contract and notify the seller. If no further negotiation of the dates is required, exchange can happen shortly afterward.
8. Conclusion
Buying or selling a home is a major event in anyone’s life and it is understandable that you want it to go smoothly and as quickly as possible. With the right support and preparation, most transactions can be completed in 8–12 weeks; however, this is just a general guideline and some may take longer.
When buying a home, one of the most important delays is the time it takes between making an offer and exchanging contracts. If you’re a buyer, it’s wise to instruct a solicitor to start work as soon as you agree on a price with the seller. If you’re a seller, consider talking to your solicitor about getting the sales pack ready before agreeing on a price. If you’re selling and also buying a property, delays can arise on either side, especially if there is a chain of more than two properties. Local factors can also create extra work; for example, if you’re in a conservation area, additional time may be needed to check for future plans. Delays in arranging a mortgage offer can come from missing or incorrect information, so it is worth being thorough with the lender’s checklist.
The above do not affect every transaction but they are the most common. Other issues can always arise—for example, if your solicitor’s title checks raise a concern, they may need to apply for an indemnity insurance policy, arrange for a local lawyer to carry out extra work, or dig deeper into the seller’s company records—and these are harder to predict. Your solicitor should keep you updated on whatever is causing the delay and should always be quick to explain a delay and discuss how to resolve it.
