Conveyancing & Property Solicitors In Scotland

If you are looking to buy or sell a property in Scotland, we have the expertise to make the process as smooth and stress-free for you as possible.

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Conveyancing & Property in Scotland

Different types of property and transactions need different areas of specialist legal knowledge. Our expert property lawyers in Scotland offer a range of conveyancing services.

Whatever your property needs, our team of conveyancing and property solicitors will provide a clear and straightforward service, keeping you up-to-date at every stage throughout the process in plain English.

We are based in Glasgow and Edinburgh but can help with property transactions throughout the whole of Scotland following our partnership with the Scottish legal firm WJM.

The term 'conveyancing' covers all the legal and administrative work needed when buying and selling property or transferring ownership of land and buildings from one person to another. For a standard transaction in Scotland this might include:

Investigation of and reporting on the title of the property
Document preparation
Concluding missives (ie the contract for the purchase or sale)
Submission of Lands and Buildings Transaction Tax (LBTT) Returns
Registration at the Land Register of Scotland

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Helen Hutchison

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What is the process in Scotland?

The process for buying or selling a house falls into three main stages:

Putting in an offer

The official legal process usually starts with the buyer making a legal offer to purchase the property. Before that, a buyer may have already noted interest in a property with the estate agents. This means that the estate agents should keep the buyer informed about any developments, such as the fixing of a closing date. If a closing date is fixed, all interested parties will be invited to submit a legal written offer by a certain date. Usually, but not always, the highest offer is accepted and anyone who made an unsuccessful offer will not have the opportunity to increase or amend the offer. If there are no other interested parties, then a buyer may wish to go ahead and submit an offer. As matters can proceed quickly, a buyer should have arrangements in place to finance the purchase. If you need a mortgage, we recommend getting an agreement in principle from your chosen lender before making an offer.

After the offer is accepted

Once an offer is accepted, the solicitor for the buyer will examine the title deeds and also the conveyancing reports to ensure that there is a good title to the property and that there are no matters which might adversely affect the property, for example planning proposals. The solicitors for both the buyer and seller will also draft and adjust the formal letters which will constitute the contract between the purchaser and seller. This process is referred to as concluding missives. Before completion the solicitor for the seller will get a statement from any lender, confirming the balance of any outstanding mortgage. The buyer's solicitor will also request funds from any new lender. Both solicitors will prepare completion statements, confirming any balance due to be paid to or by their client to complete the transaction. Please note that you may be asked to provide evidence of the source of any deposit. This is to ensure that the solicitor complies with any money laundering requirements. If you are financing part of any deposit from a gift or loan from a family member, please make sure that tell your mortgage adviser. You also need to tell your lender before drawing down any loan funds.

Exchange of keys

On completion, the solicitor for the buyer will send the funds to the seller's solicitor. When the funds have been received and the seller has vacated the property, the keys will be released to the buyer, usually by the estate agents. The solicitors will then both attend to registration at the Land Register of Scotland and will complete any as the payment of Land and Building Transaction Tax (LBTT) formalities.

Frequently Asked Questions

What does conveyancing cost?

The exact costs will depend of the nature of your transaction but can include:

Conveyancer's fees plus VAT
Search expenses - this may include a Property Enquiry, Coal Report, Plans Report and Property and Personal Searches
Lands and Buildings Transaction Tax (LBTT)
Land Register of Scotland fees

We charge a fixed fee for our conveyancing services, which is based on the value of the property being purchased.

There will also be some outlays to pay, such as search fees. We will always discuss the fee with you at the outset of your case and provide details of the likely outlays in your particular transaction.

At the start of the process we will also provide you with a copy of our Terms of Business so that we're completely transparent at every step.

How long does it take to sell a house in Scotland?

Every transaction is different and each can take a different amount of time.

The average time period to exchange in Scotland is between 6-12 weeks depending on factors including the availability of mortgage offers, the other parties in the chain and the complexity of the transaction.

We understand how important it is to resolve property matters quickly, especially when they concern your family home.

Our expert property solicitors will always work to complete your transaction as quickly as possible.

What is Land and Building Transaction Tax (LBTT) and how much does it cost?

LBTT is a tax on certain property transactions which replaced Stamp Duty Land Tax in Scotland in 2015.

It is only payable on certain properties over a value of £145,000.

Since April 2016, an additional 3% liability (Additional Dwelling Supplement "ADS") has been payable on top of standard rates for second homes.

It is payable on completion of the purchase and we will include the amount payable in our completion statement. LBTT and ADS are also payable in some remortgage transactions which involve a transfer of title

If you are remortgaging your property and are concerned that you may have to pay LBTT or ADS, we can advise you as part of the remortgaging process.

You can work out how much LBTT and/or ADS you need to pay using the government's online calculator.

Why do I need legal assistance for conveyancing?

In Scotland, property is sold on the principle of caveat emptor, which translates as buyer beware. This means that you, the buyer, are ultimately responsible for checking the quality for the property you're looking to buy.

Once you've found the property you want to buy, and have agreed a price through the estate agent, certain procedures have to be followed before the legal ownership of the property can be transferred.

Having our specialist conveyancing lawyers on your side offers real peace of mind during the already stressful process of buying or selling a property.

Our experts have years of experience with a wide variety of property transactions so they can anticipate difficulties and know exactly how to resolve any issues that arise.