Buying or selling property in Scotland can feel daunting, especially when navigating the complex legal aspects. The conveyancing process is a critical part of any property transaction, involving the transfer of legal title from one party to another. At Watermans, we provide expert guidance, ensuring a smooth and successful conveyancing transaction.
Whether you’re a first-time buyer or seasoned seller, our conveyancing lawyers provide clear, straightforward legal advice tailored to the Scottish market.
We’ve provided a simple guide to simplify buying and selling property in Scotland.
What is Conveyancing in Scotland?
Conveyancing is the legal transfer of property ownership. In Scotland, the process differs significantly from the rest of the UK. A qualified solicitor or licensed conveyancer must manage several formal steps and legal documents.
The conveyancing process includes:
- Conducting property searches and reviewing title deeds.
- Liaising with estate agents, mortgage lenders and the sellers’ solicitors
- Drafting and reviewing the legal document known as the missives
- Managing the transfer of funds
- Registering the change of ownership with the Land Register
Our conveyancing services ensure that all legal requirements are met, helping you avoid unexpected legal issues or delays.
When You Might Need Conveyancing Services
You’ll need a conveyancing solicitor in Scotland if you are:
- Buying a property and want legal assurance that it’s a sound investment.
- Selling a property and need assistance drafting documents and answering property questionnaires.
- Transferring property ownership to a family member or significant other.
- Remortgaging or switching to a new mortgage agreement
- Gifting a property or managing an estate after bereavement.
We’re here to guide you through every step so you can move forward with confidence. Explore our help and advice section for more information.
The Legal Process Explained
Conveyancing in Scotland involves a series of legal and practical steps that ensure ownership is properly transferred. Here’s a simplified breakdown of the various stages of conveyancing:
Instructing a solicitor
The process starts when you appoint a conveyancing solicitor. They’ll gather key details from you and send a letter of engagement outlining the scope of work and anticipated fees.
Making or receiving an offer
Once you’ve found a buyer or property, a formal offer is submitted by the buyer’s solicitor. This includes the purchase price, proposed entry date and any additional terms. The seller’s solicitor typically responds with a qualified acceptance, which means the offer is accepted in principle but subject to certain changes or clarifications. This initiates the negotiation phase of the contract, commonly referred to in Scotland as the missives.
Concluding the missives
Missives are a series of letters forming the legal contract. Once all terms are agreed upon, the contract becomes legally binding. From this point, both parties are committed to the sale or purchase.
Title and legal checks
Your solicitor will examine the title deeds and conduct property searches to ensure
- The seller has the right to sell the property
- There are no hidden obligations or restrictions, such as burdens, servitudes or unapproved alterations.
Tax, planning & reports
The solicitor will check for planning permission or building warrant issues and prepare for tax payments, including
- Land and Buildings Transaction Tax (LBTT)
- Additional Dwelling Supplement (if applicable)
These are paid to Revenue Scotland before the purchase is registered.
Preparing legal documents
The legal document that officially transfers ownership, known as the disposition, is prepared by the buyers’ solicitors and approved by the sellers’ legal team. Simultaneously, mortgage arrangements are finalised if financing is involved.
Completion & Entry
On the date of entry, the buyers’ solicitors transfer the funds to the sellers’ solicitor, and the keys are released. At this point, the buyer takes legal possession of the property.
Post-completion
After completion, your solicitor submits the signed disposition to the Land Register, officially updating the property ownership. They also ensure any outstanding standard security or outstanding mortgage is settled.
These steps can help buyers and sellers navigate their transactions smoothly.
Take the stress out of property conveyancing with a dedicated team supporting you every step of the way. Contact Watermans today.
Frequently Asked Questions
Do I need a solicitor to sell my home?
Yes, you do. A solicitor will manage all the legal aspects of the selling process to ensure a successful transaction.
How long does conveyancing take in Scotland?
It varies, but most property transactions complete within 6-8 weeks. Complex sales or legal issues can add time.
What are the property conveyancing fees?
There is no fixed price for conveyancing costs in Scotland as it depends on the property’s value and complexity.
As a general guide, fees tend to be around £1,000 for a property sale and approximately £1,200 for a purchase. Purchases generally involve more detailed legal checks, such as reviewing title deeds, conducting searches, and liaising with mortgage lenders, which accounts for the additional costs. These figures usually include legal fees, survey fees and taxes like LBTT.
What is a home report?
A home report is a set of documents that Scottish property sellers must provide before listing a property for sale. Potential buyers rely on this report to make an informed decision and submit competitive offers. It includes the following:
- Single Survey: This assessment evaluates the property’s condition and identifies any necessary repairs.
- Energy Report: This document provides an assessment of the property’s energy efficiency.
- Property Questionnaire: Details factors like council tax bands and utility providers.
What is a note of interest?
A note of interest is a formal notification submitted by your solicitor to the selling agents, noting interest in the property. While it is not a binding contract and doesn’t guarantee a chance of buying the home, it ensures you’ll be informed if a closing date is set. This gives you time to prepare a formal offer and take steps like reviewing the home report or arranging finance.
Submitting a note of interest is especially important in competitive markets where multiple interested parties are involved.
Have more questions? We’ve got the answers! Contact us for a no-obligation quote or to speak with one of our expert conveyancing lawyers.
Useful Links & Next Steps
Want to know more about the conveyancing process in Scotland? Visit our service pages for:
- First-time buyer solicitors
- Transfer of title
- Remortgaging
- Getting a house valuation
- Properties for sale
- What can I do to get my house ready for sale?
- What is property conveyancing?
Watermans: Your trusted Partner in Scottish Conveyancing
Watermans guides buyers and sellers through the legal landscape of property conveyancing in Scotland. Originally found in Leith, Edinburgh, we also serve clients from our offices in Glasgow and Dundee.
Unlike traditional law firms, Watermans eliminates jargon and complexity, delivering straightforward legal advice. We understand that most people dread dealing with legal matters, so we strive to make the experience a smooth and successful transaction with clear and hassle-free guidance.
Whether you need help with transferring funds, exchanging contracts, or dealing with a proposed purchase price, we’re here to help.
Beyond property conveyancing, we also provide the following services:
- Personal injuries
- Power of attorney
- Inheritance tax planning
- Wills, trusts & succession planning
- Commercial leasing
Make your next move with confidence. Reach out to our dedicated team for expert advice regarding the conveyancing process in Scotland.