Conveyancing is not broken

A recent article in The Times’ Bricks and Mortar Section described the conveyancing system in England and Wales as “broken.” While it’s true that the process faces challenges, this sweeping statement overlooks the essential role the conveyancing procedure plays in protecting buyers and sellers, and the significant value that skilled solicitors bring to the journey of homeownership.

Understanding the bigger picture

The criticism stems from frustrations around delays, communication gaps, and legal complexity. But these issues are often the result of external pressures such as mortgage offers being held up while underwriting checks are completed and condition surveys carried out, incomplete documentation such as missing warranties and guarantees, and local authority search delays — rather than flaws in the conveyancing process itself.

Conveyancing solicitors operate within a complex ecosystem involving estate agents, mortgage providers, surveyors, and local authorities. Highlighting the legal conveyancing process for criticism ignores the broader context and the important safeguards it provides.

Conveyancing: A legal safety net

Conveyancing is not a bureaucratic hurdle—it’s a legal safety net. It ensures that property titles are “good and marketable”, that obligations that come with the property are clearly understood, and that transactions are financially secure. Without it, buyers would be exposed to hidden liabilities, incomplete understanding of rights benefiting the property (and the obligations that go with it) and potential disputes over ownership.

The system continues to evolve with significant improvements in efficiency occasioned by the adoption of digital solutions; good solicitors will no longer allow transactions to be delayed by having to wait for signed paper documents to be received by post. All material steps can now be handled digitally, including verification of client identity, electronic signatures on contracts and transfer deeds, and online portals for disseminating relevant information.

The human touch: Why good solicitors matter

Good conveyancing solicitors don’t just process paperwork—they guide clients through one of the most significant decisions of their lives. They anticipate risks, resolve disputes, and offer reassurance during what can be an emotionally charged journey. They can be instrumental in protecting clients from sales pressure tactics that are sometimes exerted by less scrupulous estate agents (or developers’ agents) and should act as a barrier to a client feeling forced into an arrangement without fully understanding the consequences.

Project 28 – a Charter for faster, more certain property transactions

On 12^th September this year 23 leading organisations across the UK property sector published a Charter setting out proposals for streamlining the property buying process and, crucially, identifying methods to help to reduce the time a house purchase takes. The aim is to reduce the time taken between a sale being agreed and a legally binding exchange of contracts to 28 days.

The Charter highlights 8 commitments designed to help speed up the conveyancing process, including the early appointment of conveyancing solicitors so that the pack of legal documentation required for a sale is compiled before a property sale is agreed. Many of these laudable commitments are already part of best practice, but the initiative in highlighting ways to speed up the process is welcome.

Some of the proposals appear less workable than others, however. Commitment 2 of the Charter proposes an aspiration to include a property condition report upfront. This echoes an aspect of the ill-fated Home Information Pack first proposed by Labour in their 1997 manifesto. The requirement for HIPs was abandoned by the Cameron–Clegg coalition government immediately they took office in 2010. A major criticism of the requirement for a condition report that was recommended for inclusion in a HIP was that a buyer (and a buyer’s lender), would be unlikely to rely on a survey obtained by and paid for by the person trying to sell them their property.

A system worth improving, not abandoning

Yes, the conveyancing system needs reform. But reform does not mean replacement. It means more investment in technology, better coordination among stakeholders, and recognition of the indispensable role that conveyancers play. An example would be a single, uniform process for parties to positively verify the identities buyers and sellers so that duplicate Anti Money Laundering checks currently required by solicitors, estate agents and mortgage providers can be dispensed with. One electronic verification process should be available which all stakeholders can rely upon.

Efficient conveyancing also requires a sensible approach to risk; examples are common of whole chains of house buyers being unnecessarily held up, at significant inconvenience to other the parties involved, because an inexperienced conveyancer decides that they need some missing document such as an old planning permission or building regulation consent when, in practice, production of that document is not essential to evidence good legal title.

The natural limitations of the conveyancing process need to be properly understood and accepted; if you are buying a house and you need to sell your current property to have the funds for your purchase, however ready you are to proceed with your purchase, you can only do so when your buyers are in a position themselves to proceed.

Occasionally, unexpected problems might arise; for example, if a chain of house buyers is ready to proceed and one party is suddenly put on notice that they may be at risk of losing their job (in which case their mortgage offer is likely to be withdrawn) so reluctantly needs to delay until that risk abates. Alternatively, people can unexpectedly have a change of personal circumstances personal making it no longer viable for them to proceed with that transaction. There is no point in complaining that the conveyancing process is broken, or too slow, if complications arise when life events intervene.

Conclusion

Conveyancing is not broken. It is a system under pressure that needs to continue to evolve to keep up with modern demands but is still delivering on its fundamental promise: to help people safely and securely move home.

With the right professional support, utilising innovation, responsive communication and proactive application, experienced conveyancing solicitors are well placed to drive forward the conveyancing process. 

Andrew Weir is a Partner and Head of Property and Conveyancing Services at Anthony Gold Solicitors LLP