The Conveyancing Process Step by Step: England, Wales and Scotland

The conveyancing process belongs to learning outcome LO6 of CeMAP® 3, the synoptic ASEW/ASSC unit set by Walbrook (LIBF). The England and Wales criteria are AC6.1a (the parties) and AC6.2a (exchange, completion, when a contract binds, private treaty). The Scottish criteria are AC6.1b–6.3b (offers, missives, completion, private bargain). Tenure comes from MRT1 AC10.4. Because conveyancing law differs between the two jurisdictions, each section says which one it covers. For the unit, see the CeMAP 3 (ASEW) guide; for every difference between the two papers, see ASEW vs ASSC.

Criterion	England and Wales (ASEW)	Scotland (ASSC)
Parties	AC6.1a: estate agent, valuer, conveyancer, legal adviser	AC6.1b: estate agent, valuer, legal adviser
Process	AC6.2a: process to exchange, completion, when a contract becomes binding, private treaty	AC6.2b–6.3b: conditional and unconditional offers, acceptance, conclusion of missives, completion, private bargain

Walbrook does not define ASEW and ASSC. Reading them as England and Wales and Scotland is our inference from LO6, which is the only outcome with separate criteria. Our CeMAP 3 practice follows England and Wales.

Who are the key parties in a house purchase?

The key parties in a house purchase are the buyer and seller, the estate agent, the mortgage adviser, the lender and its valuer, any surveyor, and a conveyancer for each side. ASEW AC6.1a names four roles: estate agent, valuer, conveyancer and legal adviser.

Party	Role in the purchase
Estate agent	Acts for the seller: markets the property, passes on offers, must report offers truthfully; regulated by the Estate Agents Act 1979 and consumer protection law
Mortgage adviser	Recommends a suitable mortgage, obtains a decision in principle and submits the application
Lender	Assesses affordability, instructs the valuation, issues the offer and releases funds on completion
Valuer	Values the property for the lender as security
Surveyor	Reports to the buyer on condition, if instructed
Buyer's conveyancer	Checks the title, runs searches, raises enquiries, exchanges, completes and registers; usually also acts for the lender
Seller's conveyancer	Prepares the contract and answers enquiries; redeems the seller's mortgage on completion
HM Land Registry	Registers the new owner and the lender's charge in England and Wales

A conveyancer in England and Wales is a solicitor or a licensed conveyancer. Acting for the lender as well as the buyer is normal for residential purchases. The conveyancer reports to the lender with a certificate of title before funds are released, and runs its own anti-money laundering checks on the buyer's funds, which our AML guide explains. The valuation and survey roles are covered in our property surveys guide.

Exam tip: The estate agent works for the seller, not the buyer. Options that say the agent must act in the buyer's best interests are wrong.

What are the conveyancing process steps in England and Wales?

The conveyancing process in England and Wales has 10 main steps, from an offer accepted "subject to contract" to registration at HM Land Registry. Nothing binds either side until exchange of contracts, which comes after the searches, enquiries, mortgage offer and report on title.

1. Offer accepted subject to contract. The buyer's offer is accepted through the estate agent, but neither side is bound. This is the private treaty method; auctions follow different rules, covered in MRT1 LO2.
2. Conveyancers instructed. Each side instructs a conveyancer, who carries out identity and AML checks.
3. Draft contract pack. The seller's conveyancer sends the draft contract, title documents and the seller's property information forms, including leasehold information where relevant.
4. Searches and enquiries. The buyer's conveyancer orders the local authority, drainage and water, and environmental searches, and raises enquiries on anything unclear.
5. Mortgage and survey. The lender values the property and, if satisfied, issues a binding mortgage offer. The buyer may commission a survey.
6. Report on title. The buyer's conveyancer explains the title, searches and contract terms and any problems.
7. Signing. The buyer signs the contract and the transfer deed, and pays the deposit to their conveyancer, often 10% of the price.
8. Exchange of contracts. The conveyancers exchange signed contracts, usually by phone under agreed formulae. The completion date is fixed, and the contract becomes binding.
9. Completion. The purchase money is sent, the seller's mortgage is redeemed, and the buyer takes ownership and the keys.
10. After completion. The buyer's conveyancer files the land tax return and registers the buyer and the lender's charge.

Before completion the buyer's conveyancer also sends the lender a certificate of title, requests the mortgage funds, and runs final searches: a priority search at HM Land Registry, which protects the buyer for 30 working days, and a bankruptcy search against the buyer. Ownership questions linked to the purchase, such as buying as joint tenants or tenants in common, are covered in our wills and trusts guide.

Key fact: In England and Wales the buyer pays the deposit at exchange, not when the offer is accepted.

When does a purchase contract become binding?

A purchase contract becomes binding in England and Wales at exchange of contracts. Before then, an offer "subject to contract" can be withdrawn by either side, because section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 requires a signed written contract.

Under section 2 of the 1989 Act, a contract for the sale of land must be in writing, include all the agreed terms and be signed by or for each party. A spoken agreement, or an email accepting an offer, is not enough. Exchange is the moment those signed documents are swapped and the deposit is paid.

Stage	Can the buyer withdraw?	Can the seller withdraw?
Offer accepted, subject to contract	Yes, freely	Yes, freely (gazumping is possible)
After exchange	Only at the cost of the deposit and damages	Only at the risk of being sued, including for completion
After completion	The sale is complete	The sale is complete

This is why a mortgage offer must be in place, and the survey and searches satisfactory, before exchange. A buyer who exchanges without a mortgage offer is bound to complete even if the funding falls through. Lenders also expect buildings insurance to be in place from completion at the latest, and many buyers arrange it from exchange.

Exam tip: "When does the buyer become legally committed?" In England and Wales the answer is exchange of contracts. In Scotland it is conclusion of missives.

What happens on completion day?

Completion day is step 9 of the England and Wales process: the day, fixed at exchange, when the buyer's conveyancer sends the purchase money by CHAPS transfer. Once the seller's conveyancer confirms receipt, ownership passes, the seller's mortgage is repaid and the keys are released.

On completion day:

1. The lender sends the mortgage advance to the buyer's conveyancer, usually the day before or on the morning of completion.
2. The buyer's conveyancer sends the balance of the price to the seller's conveyancer.
3. The seller's conveyancer confirms receipt and tells the estate agent to release the keys.
4. The seller's conveyancer redeems the seller's mortgage from the proceeds.
5. The signed transfer deed is sent to the buyer's conveyancer.

In a chain, each completion depends on the one below it, so a delay in one transaction holds up every sale above it. The mortgage starts on completion: interest runs from the day the funds are released. The buyer's protection policies, such as life cover written to match the mortgage, should also be in force from that date.

Key fact: Ownership passes on completion, but legal title is only shown on the register once HM Land Registry processes the application afterwards.

How does the conveyancing process in Scotland differ?

The conveyancing process in Scotland differs in three ways: the seller provides a Home Report, required since 1 December 2008; solicitors make formal written offers; and the purchase binds at conclusion of missives, usually earlier than exchange in England. ASSC AC6.2b–6.3b covers it.

The Scottish steps, which use the "private bargain" method:

1. Home Report. The seller must make a Home Report available: a single survey with a valuation, an energy report and a property questionnaire.
2. Note of interest. The buyer's solicitor registers interest, so the buyer is told if a closing date is set.
3. Offer. The buyer's solicitor submits a formal written offer, often by a closing date when several buyers are interested.
4. Acceptance. The seller's solicitor replies with a qualified acceptance, which can set out conditions.
5. Missives. The solicitors exchange formal letters, the missives, until all terms are agreed.
6. Conclusion of missives. The contract becomes binding on both sides.
7. Date of entry. The equivalent of completion: the price is paid and the buyer takes entry.
8. Registration. The disposition, the deed transferring ownership, is registered in the Land Register by Registers of Scotland, along with the lender's standard security, the Scottish mortgage deed.

	England and Wales	Scotland
Sale method	Private treaty	Private bargain
Condition report	Buyer orders a survey if they wish	Seller provides a Home Report
Binding point	Exchange of contracts	Conclusion of missives
Ownership passes	Completion	Date of entry (settlement)
Registry	HM Land Registry	Registers of Scotland
Mortgage deed	Legal charge	Standard security

An "unconditional" offer has no conditions attached; a "conditional" offer depends on something, such as a satisfactory survey or the buyer's own sale. Scottish legislation that affects mortgages, such as the Mortgage Rights (Scotland) Act 2001 (largely replaced in 2010 by the Home Owner and Debtor Protection (Scotland) Act 2010) and the matrimonial homes rules, is covered on our ASEW vs ASSC page.

Key fact: In Scotland the binding point is conclusion of missives. A Scottish buyer often needs the mortgage offer in place before the offer is even made.

What is gazumping, and can it happen in Scotland?

Gazumping is a seller accepting a higher offer from another buyer after already accepting yours, before the contract binds. It happens most in England and Wales, where section 2 of the 1989 Act means nothing binds before exchange. Scotland has it too, but less often.

The reverse is gazundering: a buyer cuts the offer just before exchange, knowing the seller is committed to an onward purchase. Both are legal in England and Wales, because a "subject to contract" agreement creates no obligation. The buyer who is gazumped loses what they spent on searches, surveys and legal fees.

In Scotland an accepted offer is not binding until missives conclude either, so a seller can in principle accept a better offer before that point. In practice gazumping is less common, because offers are made formally through solicitors, often at a closing date, and missives are usually concluded quickly once an offer is accepted.

Exam tip: Gazumping is a seller raising the price on you; gazundering is a buyer cutting it. Both can happen only before the binding point.

How do freehold, leasehold and commonhold differ?

Freehold, leasehold and commonhold are the three forms of tenure in England and Wales, tested in MRT1 AC10.4. A freeholder owns land and building outright; a leaseholder owns the right to occupy for a fixed term; a commonholder owns a flat's freehold, sharing common parts.

	Freehold	Leasehold	Commonhold
What you own	The building and land, indefinitely	A lease for a set number of years	The freehold of your unit
Common parts	Your responsibility	The landlord's, paid for through service charges	A commonhold association owned by the unit holders
Ongoing payments	None to a landlord	Ground rent and service charge	Contributions to the association
Risk to value	Low	A short lease (often under 80 years) is harder to mortgage and sell	Few lenders and developments; used rarely

Leasehold points that affect lending

• Lease length. Value falls as the lease shortens, and lenders set minimum unexpired terms.
• Ground rent. Since 30 June 2022, under the Leasehold Reform (Ground Rent) Act 2022, most new long residential leases can charge only a "peppercorn" ground rent, in effect nothing.
• Service charge. Leaseholders pay their share of maintaining the building and common parts; high or disputed charges affect saleability.
• Leasehold and Freehold Reform Act 2024. From 31 January 2025, leaseholders no longer have to own for 2 years before extending their lease or buying the freehold. Further reforms in the Act, such as 990-year extensions, were not yet in force in October 2026, according to HM Land Registry's practice guide 27.

Commonhold has existed since 2004, but very few developments use it. Scotland abolished feudal tenure on 28 November 2004, and homes there are owned outright, so leasehold in the English sense does not apply.

Key fact: Leasehold is ownership for a fixed term, not renting. The ground rent and service charge are separate payments.

What taxes and registrations follow completion?

After completion the buyer's conveyancer files the land tax return, within 14 days for SDLT in England and Northern Ireland, and within 30 days for LTT in Wales and LBTT in Scotland, then registers the buyer and the lender's charge at the land registry.

Nation	Tax	Collected by	Return deadline	Registry
England	Stamp Duty Land Tax (SDLT)	HMRC	14 days	HM Land Registry
Wales	Land Transaction Tax (LTT)	Welsh Revenue Authority	30 days	HM Land Registry
Scotland	Land and Buildings Transaction Tax (LBTT)	Revenue Scotland	30 days	Registers of Scotland

Worked example: the same £295,000 home in three nations

Using the 2026/27 residential rates for a buyer who is not a first-time buyer and owns no other home:

	England (SDLT)	Wales (LTT)	Scotland (LBTT)
0% band	First £125,000: £0	First £225,000: £0	First £145,000: £0
Next slice	£125,000 at 2% = £2,500	£70,000 at 6% = £4,200	£105,000 at 2% = £2,100
Top slice	£45,000 at 5% = £2,250	—	£45,000 at 5% = £2,250
Total	£4,750	£4,200	£4,350
First-time buyer	£0 (relief to £300,000)	£4,200 (no relief)	£3,750 (nil band £175,000)

Sources: gov.uk SDLT rates, gov.wales LTT rates and Revenue Scotland LBTT. Walbrook does not say which tax year each exam window uses, so rely on the tax table in your study materials. For the full bands and surcharges, see our CeMAP tax tables.

Registration also costs a fee. As of October 2026, HM Land Registry charges £150 to register a whole transfer worth £200,001 to £500,000 through its portal, or £330 by post, under its fee scale. Our calculations guide shows the slice method for every land tax.

Exam tip: SDLT is 14 days; LTT and LBTT are 30 days. Wales has no first-time buyer relief.

Your house-buying process study plan

Your house-buying process study plan takes about three sessions: the parties and the 10 England and Wales steps, then the binding point and Scotland, then tenure and land taxes, followed by timed case studies until you score 85% or more three times running.

1. Session 1. Take the free ASEW diagnostic, two whole case studies. Then learn the parties table and write out the ten steps in order from memory.
2. Session 2. Learn the binding point in each jurisdiction and the Scottish steps. Explain gazumping and gazundering in one sentence each.
3. Session 3. Tenure and taxes: the freehold, leasehold and commonhold table, then the three-nation worked example with a different price.

Then drill the outcome with the ASEW house-buying topic practice, and sit the free ASEW mock 1 under the real timing: 6 case studies of 10 questions in 120 minutes, 42 to pass. Our ASEW route uses England and Wales scenarios; there is no ASSC practice yet.

Topic drills and mocks 2 to 10 are part of Pro, at £6.99 a week, £11.99 a month or £22.99 for three months, covering all five units. Our readiness rule matches the app: three mocks in a row at 85% or more, with every topic at 80% or more. It is a guide to readiness, not a pass guarantee.