Buying

Do I need a conveyancer to buy a house?

What the law requires, what your lender requires, and what actually happens if you try to do it yourself.

Last updated 8 min read

Legally you can do your own conveyancing when buying a house in England and Wales, but if you are buying with a mortgage your lender will insist on a regulated conveyancer from its panel, which makes it compulsory in practice for almost every buyer. Property Law Online acts for buyers and their lenders on one fixed fee.

What does the law say about who can do conveyancing?

Conveyancing is a reserved legal activity under the Legal Services Act 2007. Preparing a transfer, a contract for sale or a charge of land for someone else, for reward, can only be done by a person authorised by an approved regulator. For residential property that means licensed conveyancers regulated by the Council for Licensed Conveyancers, and lawyers regulated by the other approved regulators, including those in Scotland and Northern Ireland acting on their own jurisdictions' rules.

The reservation is about doing it for someone else. Nothing stops you preparing the documents for your own purchase, and HM Land Registry accepts applications from unrepresented buyers, subject to stricter identity checks. So the honest answer to the legal question is that you do not need anyone. The practical answer is different, and it turns on the lender, the risk and the amount of work.

Property Law Online is preparing to open as a conveyancing practice regulated by the Council for Licensed Conveyancers, and is not yet authorised to carry out reserved legal work. The CLC was created by the Administration of Justice Act 1985 specifically to regulate conveyancing specialists, and its licence holders carry professional indemnity insurance and contribute to a compensation fund in the same way as other regulated lawyers.

Why does the lender insist on a conveyancer?

A mortgage lender is taking security over the property, and it needs a regulated, insured professional to certify that the title is good and marketable, that the searches reveal nothing that affects its security, and that its charge will be validly registered as a first charge. The certificate of title the conveyancer gives on requesting the mortgage advance is what the lender relies on, and if it is wrong the lender claims against the conveyancer's insurance. No mainstream lender accepts a certificate from the borrower.

Lenders also require the conveyancer to be on their panel. Panel membership depends on regulatory status, insurance and, for many lenders, membership of the Conveyancing Quality Scheme or equivalent CLC accreditation. The lender's instructions are set out in the UK Finance Mortgage Lenders' Handbook, which runs to many pages of requirements about title, searches, insurance and reporting, and the conveyancer acts for the lender as well as the buyer in complying with them. That dual role is one reason a purchase cannot be split into a do-it-yourself buyer and a lender-only representative; most lenders will not instruct a separate firm on a residential purchase at all.

So the moment a mortgage is involved, the question is settled. The remaining question for cash buyers is whether they want to carry the risk themselves.

What does the conveyancing work actually consist of?

Reading the title register and title plan for restrictive covenants, rights of way, restrictions, charges and defects, and comparing the plan with what is being sold. Reading the lease, if there is one, for its term, ground rent, service charge provisions and restrictions. Ordering the searches that the property's location requires, reading the results and understanding what they mean; our what searches are needed guide explains them.

Raising enquiries with the seller's conveyancer about everything the documents leave unclear, and pursuing the answers with supporting evidence: building regulations completion certificates, planning permissions, guarantees, the freeholder's consents. Checking the contract, negotiating its terms, and advising on the deposit, the completion date and the risk that passes at exchange. Satisfying the lender's conditions and reporting to the lender on anything the handbook requires.

Then the money: verifying the source of the buyer's funds, receiving the deposit and the mortgage advance, carrying out the pre-completion searches on form OS1 and the bankruptcy search on form K16, and sending the purchase money to the seller's conveyancer on completion in exchange for the signed transfer and the keys. Afterwards, filing the Stamp Duty Land Tax return with HMRC within fourteen days of the effective date, or the Land Transaction Tax return with the Welsh Revenue Authority within thirty days (Finance Act 2003 section 76 and section 44 of the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017, checked 19 September 2026), and applying to HM Land Registry on form AP1 to register the buyer and the lender's charge.

Each of those steps has a way of going wrong that a buyer doing it for the first time would not recognise until years later, usually when they come to sell and the buyer's conveyancer finds it.

Doing it yourselfLicensed conveyancer
Allowed with a mortgageNo; lenders require a panel conveyancerYes, acting for buyer and lender
Allowed as a cash buyerYesYes
Professional indemnity insuranceNone; you bear every lossYes, plus the CLC compensation fund
Access to searchesCan order most, but must interpret themOrdered, read and reported on
Handling the purchase moneySent from your own account; no client account protectionThrough a regulated client account
HM Land Registry identityForm ID1 verified in person or by a conveyancerConveyancer confirms identity on the AP1
Seller's side cooperationSome sellers' conveyancers decline to deal with unrepresented buyersRoutine
Tax returnYour responsibility, with penalties for latenessFiled on your behalf
CostThird-party fees onlyFixed fee agreed in writing plus third-party fees

What goes wrong when buyers do their own conveyancing?

The common failures are not exotic. A restrictive covenant against extensions is missed and discovered when the planning application is refused by the covenant holder rather than the council. A right of way over the garden is not spotted on the plan. A lease with fewer than eighty years to run is bought at a full price and the cost of extension only emerges on resale; our lease length 80 years guide explains why. An indemnity policy is not obtained for a missing building regulations certificate, and the next buyer's lender insists on one.

Money is the other area. Purchase funds sent to a fraudulent bank account after an intercepted email is the largest single category of conveyancing loss, and a regulated conveyancer's verification procedures and insurance are the protection. A buyer sending their own money has neither. The Stamp Duty Land Tax return, which is the buyer's responsibility, attracts penalties and interest if late, and the transaction cannot be registered until the return is filed and the certificate issued.

Registration itself is the last trap. HM Land Registry requires an unrepresented applicant to prove identity with form ID1, verified by a conveyancer or at an HM Land Registry office, or ID5 for a company. Applications from unrepresented buyers are more often returned with requisitions, and each requisition adds weeks. Meanwhile the priority period of the OS1 search runs out and a later application could gain priority.

None of this means a buyer cannot do it. It means the saving is the conveyancer's fee and the exposure is the price of the house.

Does my conveyancer need to be local?

No. Titles are digital and ordered from HM Land Registry online. Searches are ordered electronically from the council or a search provider. Identity is verified through electronic checks and video or app-based verification, and documents are signed electronically or by post. Completion money moves by bank transfer. A conveyancer in one town can act on a purchase in another with no loss of anything except the ability to walk into the office, and most buyers never did that anyway.

What matters is responsiveness: whether you can reach the person actually handling your file, whether they tell you what is outstanding, and whether they answer the other side's enquiries the day they arrive. A named handler and a live case timeline do more for the speed of a purchase than a local address. Local knowledge has some value for unusual properties, such as a former mining area or a flood plain, but a conveyancer who orders the right searches for the postcode has that knowledge in the search results.

When should I instruct a conveyancer?

The day your offer is accepted, and ideally before. Having a conveyancer named and identity checks already done makes your offer more credible to the estate agent, and it means the seller's contract pack can be sent immediately rather than waiting a week while you compare quotes. Our how long does conveyancing take guide sets out where the weeks go and why the first one matters most.

Before you instruct, ask three things: is the fee fixed and in writing, who will actually handle the file, and how will you see what is happening. Our buying service answers all three: a fixed fee agreed before we start, one named handler, and regular written updates.

Key takeaways

  • You may legally do your own conveyancing on a purchase, but a lender will require a regulated conveyancer from its panel, so with a mortgage the question is settled.
  • Licensed conveyancers regulated by the CLC and lawyers regulated by other approved regulators are the two routes; both carry insurance and act for the lender as well as you.
  • The work is title investigation, searches, enquiries, the contract, the money, the tax return and registration, each with its own way of going wrong.
  • The largest risks of doing it yourself are missed title defects and payment fraud, with no insurance behind you.
  • Instruct on the day your offer is accepted, and ask for a fixed fee, a named handler and visibility of the file.

What this means for you

If you have found the property, the next step is to instruct. We act for you and your lender, complete the identity checks on day one, investigate the title and searches, and register you at HM Land Registry, on one fixed fee agreed in writing before we start.

No obligation. Fixed fee confirmed in writing before anything starts.

Frequently asked questions

Can I do my own conveyancing as a cash buyer?

Yes. Acting for yourself is not a reserved activity, HM Land Registry accepts applications from unrepresented buyers, and search providers will sell you searches. You carry every risk personally, have no insurance behind you, must prove your identity on form ID1, and may find the seller's conveyancer reluctant to deal with you. Whether that is worth the saving depends on the value of the property and your appetite for reading a lease.

What is the difference between a licensed conveyancer and other regulated lawyers?

Licensed conveyancers are regulated by the Council for Licensed Conveyancers and specialise in property law; other lawyers are regulated by their own approved regulators and may practise across many areas. Both can do conveyancing, both act for lenders, both carry professional indemnity insurance and both are backed by a compensation fund. The choice is about the firm and the handler rather than the regulator.

Can the same conveyancer act for me and the seller?

Generally no. Buyer and seller have opposing interests and the regulators' rules prohibit acting for both except in narrow circumstances, such as related parties where there is no conflict. The same conveyancer does routinely act for the buyer and the buyer's lender, because their interests in a good title coincide.

Do I need a conveyancer if I am buying from a family member?

With a mortgage, yes, for the same reasons as any purchase. Without one, the transfer is simpler but the same questions arise: the title should be checked, the tax position on a gift or a sale at undervalue should be considered for both Stamp Duty Land Tax or Land Transaction Tax and inheritance tax, and the transfer must be registered. A family transfer done informally is a frequent source of later disputes and registration gaps.

What documents will the conveyancer ask me for?

Photographic identity and proof of address, evidence of the source of your deposit such as bank statements showing the funds accumulating, details of any gift and the donor's identity, your mortgage offer or decision in principle, and details of the estate agent and the property. Early in the process you will also be asked to sign a client care letter and confirm how you want to hold the property if buying jointly.

Can I switch conveyancer part way through a purchase?

Yes, but it costs time and usually money. The new conveyancer starts from the beginning with identity checks and reading the file, the lender must be told and may need to re-issue instructions, and searches may need to be transferred or re-ordered. If the reason is lack of communication, raise it formally first; if it is a real failure, switch early rather than late.

About this page

Written by the Property Law Online team

Last updated

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