Estimated reading time: 5 minutes
Key information
-
Major reforms aim to cut costs and delays: The
government's proposals could save first-time buyers an average of £710 and
reduce completion times by four weeks.
-
Upfront information requirements: Sellers and estate
agents will be legally required to provide key property information at the
earliest stage, potentially including surveys and searches before a sale
is agreed.
-
Binding contracts to reduce failed sales: A proposed
"long-term" option of binding contracts aims to halve failed transactions,
which currently cost the UK economy £1.5bn annually.
-
Digital transformation and transparency: Digitising
property information and introducing performance data for conveyancing
professionals will help buyers make informed decisions and improve overall
efficiency.
-
Challenges remain: Success depends on cooperation from
mortgage lenders and addressing concerns about increased upfront costs for
sellers (£310 on average) and the practicality of enforcing binding
contracts.
What are the key reforms?
Buying a home could soon be faster and less stressful. Major reforms to the
house-buying system aimed at cutting costs, reducing delays and halving failed
sales have been proposed by the government. As part of the reforms, sellers
and estate agents will be legally required to provide key property information
upfront. Binding contracts could also prevent either party withdrawing late in
the process.
Potential savings and costs
For first-time buyers, this could mean about £700 saved and reduced completion
time by four weeks. However, sellers at chain ends may face £310 in additional
upfront costs. Professionals involved with the process have called for the
government to provide more information. Previous attempts at mandatory seller
information, like home information packs, have been scrapped due to complaints
that they discouraged or delayed sales.
Housing affordability is still a barrier for potential buyers, especially
first-time buyers. Many wouldn't benefit from the estimated savings, as
calculations include failed transaction costs that some may not incur.
How long does conveyancing currently take?
Slow paperwork, broken chains and outbidding have all contributed to the
frustrations of house-buyers in recent years. In England, a move will
typically take about six months. However, the Scottish system requires more
upfront information and binding contracts, which makes the process quicker.
With potential gains of a net saving of £400 as a result of increased costs
from selling being outweighed by lower buying expenses, the transparency
brought by reforms may help to improve confidence among buyers, especially
those in the middle of a chain.
Fewer transactions falling through
The proposals suggest a "long-term" option of binding contracts is intended to
halve the number of failed transactions, which currently cost the UK economy
an estimated £1.5bn a year. Anyone who breaks the contract could face fines,
but no firm details are available on how this would work and what would be
considered as justified reasons to leave the contract.
Impact on conveyancing professionals
The reforms may also affect firms offering conveyancing services, such as SME
Solicitors, with a new mandatory Code of Practice being proposed. The
introduction of side-by-side performance data may also help buyers to choose
trusted professionals based on expertise and other clients’ previous
experiences.
SME Solicitors has been accredited as part of the Law Society’s Conveyancing
Quality Scheme for many years and collects feedback from clients through
platforms such as ReviewSolicitors and Google Reviews. We anticipate that,
with any added measures of quality and success, SME will remain a
widely-recognised and reputable provider of conveyancing services in
Worcestershire.
Eoin's insights
Eoin Murphy, Solicitor in our Residential Property department, gives his
thoughts on the recent developments:
There are certain pieces of received wisdom in conveyancing. “You’re always
responsible for maintaining your left-hand boundary (or is it the right?)”.
“Conveyancing always takes ages to complete”. “The more complications and
delays there are, the more money lawyers make”. Of those three, only the
middle one is correct.
The first point to make is that a streamlined and more efficient conveyancing
process is in the best interests of all ‘stakeholders’. The more transactions
we can complete, the more clients we are able to assist. As well as this
visible benefit, quicker conveyancing would also have an incalculable
psychological benefit, in terms of the reduced stress to the clients and, as a
consequences, to conveyancers and other professionals involved.
The Government’s consultation
suggests a number of ways to reduce turnaround times:
-
Front-load the information supplied by sellers, to include as much
information as possible at the earliest stage. This could entail sellers
having to obtain their own surveys, searches and other information before a
sale can be agreed.
-
Training and regulating estate agents so they are better able to
assist on the above.
-
Digitising property information so it is more readily and quickly
available.
-
Introducing earlier conditional exchanges of contract, to avoid
transactions falling through at late stages.
-
The consultation does also recognise that
increased regulations imposed on conveyancers are contributing to
delays.
Anti-money laundering checks, freehold rent charges and leasehold property
generally have all become more complex in the last 15-20 years. Any
simplification of these would be welcomed by the industry with open arms.
The right type of questions are being asked here and we’d broadly welcome the
proposals. However, the consultation only makes passing reference to mortgage
lenders, for whom so much of the ‘red tape’ in conveyancing has been put in
place to protect. If the big banks won’t cooperate, these proposals may come
flame out as quickly as the old and unloved Home Information Packs.
The consultation also makes limited reference to the delays that can occur
when conveyancing firms take on high volumes of work without sufficient
resources or supervision. Greater oversight of industry practices and
transparency around referral arrangements could help improve service standards
across the sector overall.