Our residential conveyancing fees are itemised in all quotes generated via the following link:

Please click here to obtain a quote – conveyancing quote.

HS Legal Solicitors is committed to providing clarity in its pricing and service in accordance with the SRA Transparency Rules.

Anticipated Disbursements:

Disbursements are costs related to your case that are payable to third parties or otherwise incurred by us on your behalf. We require advance payment for all disbursements and will then make payment of the disbursement on your behalf. The disbursements that are likely to arise in residential conveyancing transactions and are excluded from the range of our legal fees as set out above are:

Purchase:

*These fees vary from property to property and can occasionally be significantly more than the ranges quoted above. We can give you an accurate figure once we have sight of your specific documents.

Sale:

Leasehold Purchases:

In addition to the anticipated disbursements for a purchase, as noted above. Please note that you are expected to pay further charges. We will only be able to inform you of the exact costs once we have had sight of the lease and management pack. To give you an indication of the additional charges and costs, these are:

For Transfer of Equity and/or Re-mortgages, the disbursements are similar to those above. For a full breakdown of all costs, please contact us.

Stamp Duty or Land Tax (on purchase):

This depends on the purchase price of your property. You can calculate the amount you will need to pay by using HMRC's website, or if the property is located in Wales, by using the Welsh Revenue Authority's website: https://www.gov.uk/stamp-duty-land-tax/residential-property-rate

Stamp Duty Land Tax is calculated differently if it is a first-time buyer or if it is a second home or a buy to let.

Land Registration Fees:

This depends on the purchase price of your property and whether the property is already registered at the Land Registry. You can calculate the amount you will need to pay using HMLR’s website: https://www.gov.uk/guidance/hm-land-registry-registration-services-fees

Key Stages of the Process:

Purchase:

The precise stages involved in the purchase of a residential property vary according to the circumstances. However, these are some key stages:

1. Take your instructions and give you initial advice.
2. Check finances are in place to fund the purchase.
3. Receive and advise on contract documents.
4. Carry out searches, if required.
5. Make any necessary enquiries of seller's lawyer.
6. Report to you on the contract, title documents, search results, mortgage, and replies to enquiries received.
7. Prepare the Transfer Deed and Land Transaction Return.
8. Peruse and deal with the conditions of any mortgage offer, and report to your mortgage lender where necessary.
9. Send you any documentation for signature.
10. Agree completion date (date from which you own the property).
11. Exchange contracts and notify you that this has happened.
12. Arrange for all monies needed to be received from your lender and you.
13. Complete purchase.
14. Deal with payment of Stamp Duty Land Tax.
15. Deal with application for registration at Land Registry.
16. Send you the completed registration and any documents that are applicable to your property.

Sale:

The precise stages involved in the sale of a residential property vary according to the circumstances. However, below, we have suggested some key stages that you may wish to include:

1. Take your instructions and give you initial advice.
2. Obtain title documentation relating to the property.
3. Issue the Property Forms and associated documents relating to the property to you for completion.
4. Prepare and despatch the initial contract documents.
5. Respond to necessary enquiries of buyer's lawyer and approve the transfer deed.
6. Advise you on any additional documents we made need to arrange for your transaction.
7. Obtain your approval of the redemption statement, where applicable.
8. Send to you the final contract and Transfer Deed for signature.
9. Agree completion date with all parties (date on which you will need to vacate the property).
10. Exchange contracts and notify you that this has happened.
11. Arrange for monies to be received from buyer’s solicitor.
12. Complete sale.
13. Deal with repayment of your mortgage, where applicable.
14. Deal with the payment of estate agents’ fees, where applicable (see below).
15. Send you the final statement and proceeds of sale.

Estate agent fees:

These are fees you will be required to pay to an estate agent on a sale if you used their services. These are normally paid at completion. We will attend to payment for you after you have approved their invoice. If you instruct us to do so.

How long will my matter take?

In our experience, a straightforward freehold transaction could take between 6 to 12 weeks, and a leasehold transaction should take 8 to 12 weeks from receipt of papers to get to an exchange of contracts.

However, there are several factors which may extend or shorten that timetable, such as the length and security of the chain, delays in receiving essential information from a third party or the other party’s lawyer, problems with the title that may be identified during our investigations and delays in the provision of mortgage offers. Whilst we will do our utmost to assist you in meeting any particular timescale you have, there may be instances where it is not possible to do so because of factors completely outside our control. We will be in frequent contact with you during the transaction.

The period of time between exchange and completion is a matter of negotiation between the parties and may vary from anything between a simultaneous exchange and completion, to several months.

Our Team:

Our team of specialist Residential property lawyers have years of experience in dealing with all types of residential conveyancing transactions. Our Residential property Solicitor, Mr. Aanjaneya Mishra supervises a team of four conveyancing assistants and a paralegal. and has been working in this area for more than 12 years. 

Our lawyers have experience in all aspects of Residential property law and we ensure our knowledge stays up to date, in order to give you the best advice and service possible. We always make sure that junior lawyers and members of staff are supported and supervised appropriately so that the quality of advice and service is not affected, regardless of who is working on your transaction.

To ensure our clients and our potential clients have the information they need to make informed choices about the services offered by HS Legal Solicitor, we set out below a guide to our prices. As a specialist immigration firm, we undertake all types of immigration work and this guide deals largely with the work that we undertake on behalf of members of the public. However, we also provide immigration services to businesses and not all of those services are included in this guide.

We also undertake Asylum applications, Human Rights applications, Human trafficking and Modern Slavery cases. We are also instructed in highly specialised applications which often fall outside of the Immigration Rules, and we are not able to provide those costs in a guide such as this.

Depending on the type of application and the client’s circumstances we may offer a fixed fee or an hourly-rated quotation for our costs. The information below relates to both these circumstances.

All the prices are VAT exclusive and if HS Legal Solicitor is registered for VAT, it would be applicable to the application and you would be informed of the VAT from the outset. This is charged at the prevailing rate and is payable on our fees and on most expenses that we are likely to incur on your behalf. There may be some situations in which VAT is not payable.

These fees represent our professional fees; in other words, this is the amount that we will charge for the legal work that our firm will undertake on your case.

Due to the individual nature of each application, the services provided to each client may differ.

What is not included in the fees?

Any costs which we may incur on your behalf are not included in our professional fees. These can include, but are not limited to the following:

• Payments made to the Home Office on your behalf, such as application fees, Immigration Health Surcharge, submission costs etc.;
• Payments made to third parties on your behalf, such as HM Revenue & Customs, HM Passport Office or to the Land Registry etc.;
• Counsel’s fees. We will provide you an estimate before instructing a counsel.
• Preparing Schedules of Absences from the UK;
• Fees payable to Courts or Tribunals;
• External Translation fees;
• Interpreter fees
• Costs of Experts or Agents instructed on your behalf
• Non-routine postage charges and courier charges;
• Travel and meeting expenses.

We also charge for other services that we can provide on your behalf. This may include:

• Photocopying and print room services;
• Bank charges;
• Document Certification Fees;
• In-house Translation Fees;

Fixed fees

We do offer fixed fees for the majority of the work that we provide and these are indicated as such in this guide. A fixed fee is an agreed fee, which will not be varied up or down, and is not dependant on the application being successful. As set out above, any disbursements or expenses (costs that we incur on your behalf or for the purposes of carrying out our work) are payable in addition to our fees. In the event of your instructions being withdrawn prior to the submission of the application, the fixed fee, together with any disbursements and expenses, will remain payable in full.

We also work on hourly rates. Depending on the work you instruct us to do we may charge by the hour. The rate that we charge, or bill, per hour is dependent on the seniority and expertise of the person undertaking the work. Our hourly rates are:

At the start of each instruction, we will provide an estimate of how many hours we expect to spend working on your matter and we will give you an estimation of the cost. It is very difficult to accurately provide an exact number of hours in advance. However, an estimate of professional fees and any associated disbursements will be provided.
We will give you the best information we can about the likely overall cost of the matter at the outset and at other appropriate times. We will always inform you of who will be working on your case and their hourly rate. Please note, we record and charge for our time in 6-minute increments.

Factors which could increase the overall cost of your case

This applies where a fixed fee is quoted or where the amount charged is based on the hourly rates of the people doing the work for a standard application. Some examples are:

• Unexpected circumstances in your immigration history, personal circumstances, or financial status which we were not aware of at the outset;
• Delays in obtaining the information requested;
• Information provided being inaccurate, out of date, inadequate or requiring translation; or
• Where there are short deadlines.

More complex applications may attract higher fees, and we will always advise you on this.

Factors which could decrease the overall cost of your case

This applies where a fixed fee is quoted or where the amount charged is based on the hourly rates of the people doing the work. Some examples are:

• Where we have undertaken work on your behalf in the past and your immigration history is familiar to us; or
• Where we do multiple applications for the same organisation or family; or
• Where you are able to provide sufficient evidence at our first meeting and clearly meet the applicable Immigration Rules.

Our Fixed Fees

The above fees are inclusive of taking instructions and completing your application and submitting it to the Home Office. However, Home Office decision times vary and we cannot give a specific timeframe in which your application will be decided. The above fees do not include any extra work after a decision has been made by the Home Office and we will agree on further fees if further work is required after the decision.

Residential Conveyancing – Range of Fees

What our residential conveyancing fees include

Our fees cover all of the work* required to complete your transaction, including dealing with registration at the Land Registry for any purchase/transfer of equity and dealing with the payment of Stamp Duty Land Tax (Stamp Duty) if the property is in England, or Land Transaction Tax (Land Tax) if the property you wish to buy is in Wales. It also includes paying your Estate agents fees (should you instruct us to do so) and redeeming your first registered mortgage (if you have one).

Our residential conveyancing fees are itemised in all quotes generated via the following link. Please note however that this quote WILL NOT include any referral fee which may be due to a third-party introducer, who instructs us on your behalf, if this is the case. Please click here to obtain a quote – conveyancing quote.

Disbursements are costs related to your matter that are payable to third parties, such as Land Registry fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

The level of Stamp Duty you pay depends on the purchase price of your property. You can calculate the amount you will need to pay by using HMRC’s website, or if the property is located in Wales by using the Welsh Revenue Authority’s website.

If the property is Leasehold, then additional disbursements which we anticipate will apply, are set out separately below. This list is not exhaustive and other disbursements may apply depending on the term of the lease. We will update you on the specific fees upon receipt and review of the lease from the seller’s solicitors.

Anticipated Disbursements*

• Notice of Transfer fee – This fee, if chargeable, is set out in the lease. Often the fee is roughly £75-£250
• Notice of Charge fee (if the property is to be mortgaged) – This fee is set out in the lease. Often the fee is between £75-£250
• Deed of Covenant fee – This fee is provided by the management company for the property and can be difficult to estimate. Often it is between £150-£300
• Certificate of Compliance fee – To be confirmed upon receipt of the lease, as can range between £150-£300

*These fees vary from property to property and can on occasion be significantly more than the ranges given above. We can give you an accurate figure once we have sight of your specific documents.

You should also be aware that ground rent and service charge are likely to apply throughout your ownership of the property. We will confirm the ground rent and the anticipated service charge as soon as this we receive this information.

*Our residential conveyancing fees assumes that:

• This is a standard transaction and that no unforeseen matters arise including for example (but not limited to) a defect in title which requires remedying prior to completion or the preparation of additional documents ancillary to the main transaction
• This is the assignment of an existing lease and is not the grant of a new lease in the case of leasehold properties
• The transaction is concluded in a timely manner and no unforeseen complications arise
• All parties to the transaction are co-operative and there is no unreasonable delay from third parties providing documentation
• No indemnity policies are required. Additional disbursements may apply if indemnity policies are required

If it transpires that your transaction is not standard, or it becomes unexpectedly complex and more time consuming than expected, then additional fees may need to be charged as shown on the list of additional charges attached, which again is not exhaustive.

Timescales

How long it will take from an offer being accepted until you can move home (or complete your transaction if this is not your main residence), will depend on a number of factors. The average process takes between 6-12 weeks.

It can be quicker or slower, depending on the parties in the chain. For example, if you are a first time buyer, purchasing a new build property with a mortgage in principle, it could take four to eight weeks to exchange and depending on the stage of the build three to six months for completion. However, if you are buying or selling a leasehold property that requires an extension of the lease, this can take significantly longer, between three to six months. In such a situation additional charges would apply.

Re-mortgages will generally move faster than a property sale or purchase, depending on the type of lending you are procuring and the lenders requirements. The average process takes around three to eight weeks.

Keystages

The precise stages involved in the purchase of a freehold or leasehold residential property vary according to the circumstances. However, below we have suggested some key stages for your information:

• Take your instructions and give you initial advice
• Check finances are in place to fund purchase and contact lender’s solicitors if needed
• Receive and advise on contract documents
• Carry out searches
• Request a management pack if the property is Leasehold
• Obtain further planning documentation if required
• Make any necessary enquiries of seller’s solicitor
• Give you advice on all documents and information received
• Go through conditions of mortgage offer with you
• Send final contract to you for signature
• Agree completion date (date from which you own the property)
• Exchange contracts and notify you that this has happened
• Arrange for all monies needed to be received from lender and you
• Complete purchase
• Payment of Stamp Duty/Land Tax
• Application for registration at Land Registry
• Deal with service of notice on the Landlord/Management company if the property is Leasehold

The precise stages involved in the sale of a freehold or leasehold residential property vary according to the circumstances. However, below we have suggested some key stages for your information:

• Take your instructions and give you initial advice
• Obtain a copy of your title (and any associated documents) from the Land Registry
• Draft contract documents and issue these to your Buyer’s Solicitor
• Request a redemption statement from your lender(s) (if applicable)
• Request a management pack from the Landlord/Management Company if the property is Leasehold (which will incur a fee charged and set by the Landlord/Management Company)
• Deal with any necessary enquiries raised by the Buyer’s solicitor
• Send final contract (and Transfer once received from the buyers Solicitor) to you for signature
• Agree completion date
• Exchange contracts and notify you that this has happened
• Complete Sale
• The redemption of any mortgage(s)
• Payment of the Estate Agents bill (if you instruct us to do so)
• Payment of any outstanding ground rent/service charge due to the Landlord/Management company if the property is Leasehold (having apportioned this with your buyer prior to completion)
•  Send any sale proceeds to you in the manner you have instructed us to do so.

The precise stages involved in the re-mortgage of a freehold or leasehold residential property vary according to the circumstances. However, below we have suggested some key stages for your information:

• Take your instructions and give you initial advice
• Obtain a copy of your title (and any associated documents) from the Land Registry
• Request a redemption statement from your lender(s) (if applicable)
• Request a management pack from the Landlord/Management Company if the property is Leasehold (which will incur a fee charged and set by the Landlord/Management Company)
• Check the mortgage offer from your new lender and advise on any conditions of the loan
• Agree a completion date
• Request mortgage funds and a final redemption statement for completion
• Complete Re-mortgage
• Deal with the redemption of any mortgage(s)
• Send any mortgage proceeds to you in the manner you have instructed us to do so

This complaints procedure is exclusively for the use of our clients. If you are not a client of the firm and are unhappy with our conduct please see the separate Non-Client Complaints Procedure below.

We strive for excellence and provide a clear and accurate legal service in a timely manner. We also pride ourselves in being friendly, approachable and helpful. Client satisfaction is a priority for us and we want the service you receive to reflect these principles. That is why we welcome hearing from you if you ever believe that our service has fallen short of these objectives

What happens next?

We know it can sometimes be daunting to raise a complaint, but we will never be offended if you do so. Your case or transaction will not be prejudiced by you raising concerns, either. We hope you will not have any reason to complain, but in case you do, you should follow the procedure below.

The time limits for bringing a complaint to our attention are set out in our Terms and Conditions of Business and client letter, namely within six months of the end of the matter on which you instructed us, or within three months of you becoming aware of the circumstances giving rise to your complaint, whichever is later. If you wish to complain about our service after the expiry of these time limits, you may still be able to make a complaint directly to the Legal Ombudsman, but we will not be obliged in those circumstances to consider your complaint under this procedure, and you should contact the Legal Ombudsman to establish whether your complaint falls within the scope and time limits of the Ombudsman’s scheme. Ordinarily, the time limit for making a complaint to the Legal Ombudsman is one year from the act or omission complained of or one year from when you should reasonably have known there was cause for complaint.

First stage

• In the first instance, please raise your concerns directly with the person dealing with your case or transaction by email, post, or over the phone.
• If you feel that it is too delicate for you to raise this directly with them, or they have not addressed all your concerns to your satisfaction, you should raise your concerns with their supervisor. Their supervisor’s name will be mentioned in our engagement letter to you, sent at the beginning of your case or transaction. Alternatively, you may simply ask your lawyer for their supervisor’s name or just call us to request that information.
• If neither your lawyer nor their supervisor can resolve your concerns to your satisfaction, your complaint will reach the second stage.

Second stage

• If you are not satisfied with the outcome at the first stage above you may progress to stage 2 by making a formal complaint to our firm’s director.
• When you do so, please set out as much detail as possible regarding your complaint. You may find the template letter on the Legal Ombudsman’s website useful (http://www.legalombudsman.org.uk/). We prefer to receive your complaint by post or email, as we can then make sure we reply to all the points you raise.

HS Legal Solicitors

7a Magdalen street

Colchester

CO1 2JT

Email- info@hs-legal.co.uk

Phone-01206500181 

We will acknowledge receipt of your complaint within five working days.

• We will tell you how long it will take us to investigate your complaint. This normally takes around three or four weeks, but it could be less or more (either due to the circumstances of your complaint, illness, or holidays). In any event it should never be more than eight weeks after acknowledging receipt of your complaint.
• We will review your file and if necessary talk to the person dealing with your case, their supervisor, in the firm who specialises in the relevant area of law.
• We will send you the result of our investigation by email or post, depending on how you contacted us in the first place or any preference you may have. We may also offer to meet with you to discuss your complaint and resolve it.
• If we agree with you and we find the service you received was not as we would have like it to be, we will work with you to try to find a way to resolve your complaint.
• If we find that your complaint does not support a finding of poor service, we will let you know the reasons why. We will let you know what to do if you are unhappy with our decision. We will tell you whether we agree to using Alternative Dispute Resolution, or whether your complaint can proceed to Stage 3.

Third Stage

• If you remain unhappy, you have the right to complain to the Legal Ombudsman, an independent and impartial body, but you must do so within 6 months of our final letter to you, which we will always make clear when sending our final letter. The Ombudsman’s contact details are:

Legal Ombudsman
PO Box 6806
Wolverhampton WV1 9WJ

Telephone: 0300 555 0333
Email address: enquiries@legalombudsman.org.uk
Website: www.legalombudsman.org.uk

HS Legal Solicitors is authorised and regulated by the Solicitors Regulation Authority, The Cube, 199 Wharfside Street, Birmingham, B1 1RN (the SRA). This means that we are governed by a Code of Conduct and other professional rules, which you can access on the SRA’s website (www.sra.org.uk) or by calling 0370 606 2555. Our SRA registration number is 630538. If you believe that we have behaved dishonestly, illegally, or in breach of the SRA’s principles, you can complain to the SRA using the details provided above.

Non-Client Complaints Procedure

If you believe that we have behaved dishonestly, illegally, in breach of the SRA’s principles, or for some other reason you are dissatisfied with our conduct and you are not a client of this firm, you should raise the subject of your complaint with the person with whom you are dealing, or against whom the complaint is made, and if your complaint is not resolved to your satisfaction at that level, you should email info@hs-legal.co.uk or write to us with details of your complaint as follows:

HS Legal Solicitors

7a Magdalen street

Colchester

CO1 2JT

Email- info@hs-legal.co.uk

Phone-01206500181 

The time limits for bringing a complaint to our attention are within six months of the event giving rise to your complaint or within three months of you becoming aware of the circumstances giving rise to it, whichever is later. If you wish to complain about our service after the expiry of these time limits you may still be able to make a complaint directly to the the SRA, but we will not be obliged in those circumstances to consider your complaint under this procedure, and you should contact the SRA to establish whether your complaint falls within the time limits of the SRA complaints procedure.

We will let you know within 14 days of receipt of your complaint in writing how and in what timescale we propose to deal with your complaint, depending on its nature, and in most circumstances, we would expect that timescale not to exceed 28 days. Depending on the nature of the complaint and against whom it is made, it may be considered by a Director,  in the firm, who in each case will not be the same person as the subject of the complaint. At any stage, if you are unhappy with the way in which we deal with your complaint you may ask the SRA whether they will investigate your complaint.  Both addresses are contained in the Client Complaints Procedure above. If you are legally represented in the matter giving rise to your complaint, please note that we will only correspond with your solicitor.

Equity Release

Independent Legal Advice

Equity release permits owners of real estate who are 55 years of age or older to discharge equity from their holdings without the obligation of monthly payments.

Transfer of Equity

Independent Legal Advice

Independent legal services are necessary for the party being removed from a legal title in order to safeguard both themselves and the transaction against potential future scrutiny.

Agreement for Loan

Independent Legal Advice

Although both parties may share a common understanding of the loan's purpose, they retain distinct interests. When drafting your loan agreement, the attorney will be acting in their client's best interest, regardless of whether the client is the lender or the borrower. To act in their own best interest, the opposing party should retain their own attorney.

Bridging Loan

Independent Legal Advice

In situations where immediate access to funds is not possible, this loan serves as a temporary financing alternative, enabling you to bridge the gap until such time as you obtain the necessary funds. Borrow the necessary amount so long as you satisfy the lender's criteria.

Occupier Waiver Form

Independent Legal Advice

A deed of postponement, also referred to as an occupier consent form, mandates that any individual over the age of 16 who occupies a property must affix their signature on an occupier waiver form and obtain independent legal counsel.

Joint Borrower, Sole Proprietor

Independent Legal Advice

A Joint Borrower, Sole Proprietor mortgage differs in that not all mortgage signatories are the property's legal owners. In the case of mortgage guarantors, who are obligated to abide by the terms of the mortgage but do not possess any ownership interest in the property and their names do not appear on the legal title.

Borrower & Proprietor Mortgage

Independent Legal Advice

In such transactions, a mortgage is obtained from a borrower who is also the proprietor (legal owner), but the funds are being used for a purpose to which the borrower does not gain any advantage.

Sole Borrower, Joint Proprietor Mortgage

Independent Legal Advice

Sole Borrower, Joint Proprietor refers to a situation in which one party obtains a mortgage while multiple parties are listed on the title. The lender mandates that the non-mortgagorizing party residing at the property obtain independent legal counsel.

Director's Personal Guarantee

Independent Legal Advice

In order to secure a mortgage, mortgage lenders require that a corporation obtain one, and its directors furnish an individual guarantee to repaid the borrowed funds.

Personal Guarantee Insurance

Independent Legal Advice

Directors of Limited Liability Companies based in England and Wales who have executed a Personal Guarantee pertaining to commercial financing, such as a mortgage for property purchase, are eligible for Personal Guarantee Insurance coverage.

Solicitors for Residential Property HS Legal Solicitors handle remortgaging, equity property transfers, leasehold and freehold conveyancing, equity release schemes, and re-mortgaging of residential properties. Call us on 01206500181 or contact us online and we will call you.

Regardless of the type of property law transaction, purchasing a residential property can be a daunting undertaking. We take tremendous pride in ensuring that your transaction is executed with utmost efficiency and minimal stress.

We have a hospitable conveyancing team available to provide answers to any inquiries you may have. We do not believe in a "team" approach, in contrast to other law firms, and instead believe that our personalised service is more beneficial to you. You should be able to speak to your Solicitor each time you contact us so that any questions you have can be answered straight away.

Legal Considerations Regarding the Purchase of a Property

There are numerous legal considerations that may affect the property when purchasing a home.

Legal advice with respect to the acquisition of residential property:

• The Process of Purchasing Property
• Searches of Properties
• Legal Aspects to Consider
• Tax Concerns

The Process of Purchasing Property

The day the balance is paid in full and the occupants vacate the premises is referred to as the "completion date." In order to facilitate the financial preparations and scheduling of the move-in date prior to the completion date, a mutually agreed-upon agreement is reached regarding the price, date, and the necessary completion equipment.

This is formally accomplished via document and is known as "exchange of contracts." Both parties are permitted to withdraw from the transaction without consequence until that date.

Additionally, prior to purchasing a house note:

• The seller's liability is limited to exercising reasonable care for the property.
• A portion of the purchase price is due to the sellers' solicitors. This "deposit" will likely be forfeited should you fail to complete for any reason. It is therefore crucial that you are certain you will complete prior to our exchange.

Searches of Properties

For your and your lender's protection, we are obligated to conduct searches on the property you intend to purchase. These consist of:

• The local land charges register contains a comprehensive record of all obligations that landowners owe to the local government or authority. After the completion of a search, an official search certificate will be issued to you.
• Other records of the local government, including rights of way, road construction proposals, and planning decisions. You should determine the scope of the search and, if possible, conduct a personal search or consult the internet. Typically, it is the most time-consuming aspect of the transaction, excluding the acquisition of the mortgage offer.
• Water and drainage services to the property specifying whether or not a private or public sewer receives the wastewater.
• The environmental search examines the property's location in relation to potential hazards, such as flooding and subsidence, as well as contaminated land.
• A planning search that is discretionary and provides information on nearby phone mast locations, local planning application specifics, and general area data, including council tax bands and local amenities.
• An elective chancel inspection can determine whether the property is susceptible to a potential liability for chancel repairs, which pertain to the upkeep of the local church.

We will be able to proceed with the exchange once we have received affirmative responses to the aforementioned inquiries. Until then, we require the funds to fund the deposit that is due on the exchange.

Legal Considerations in Property Purchase

Purchasing a home is likely an opportune moment to reconsider matters pertaining to the will and inheritance tax in general. We have a specialised team available to provide guidance on these matters; doing so may prevent any complications in the future.

Tax Considerations For The Purchase Of A Residence

If the property appreciates in value prior to your eventual sale, you may be liable to pay Capital Gains Tax on the discrepancy between the purchase price and the property's cost to acquire, improve, and sell, adjusted for inflation. You are exempt from paying any capital gains tax on the house if it serves as your primary residence. However, it is important to note that individuals are limited to having a single main residence.

What is the purpose of solicitor certification for documents?

For a document to be considered legalised with the apostille, it is required to bear the stamp of an officially recognised institution or the signature of a public official or solicitor. Insufficient certification renders a document ineligible for legalisation.

Only documents that have been signed or stamped are required.

Several documents possess the necessary signature or stamp and do not necessitate additional certification. Some examples include birth certificates, marriage certificates, court documents, and HMRC letters, which are typically encountered.

It is not necessary to obtain the signature of a solicitor on these documents.

Legal documents require thorough examination and validation by a solicitor.

Certain documents require verification and certification by a solicitor. Typical examples include corporate documents, personal records, mortgage agreements, and academic or certification diplomas.

These documents are usually not signed by an officially recognised public authority.

Solicitor certification refers to the process of obtaining official recognition and authorization as a solicitor, which is a legal professional who provides legal advice, prepares legal documents, and represents clients in court.

Essentially, a solicitor will examine a document, subsequently appending a statement elucidating the purpose of certifying the document, and finally affixing their signature.

The certification added to a document will vary based on the document's nature and the purpose for which it is being certified. Under various conditions, a document can be certified either as a duplicate or as an authentic version. If you are having your signature witnessed, the solicitor will include the phrases 'signed in my presence' or 'witnessed by' to verify that they observed the act of signing the document.

Accurate execution of solicitor certification is imperative. It is crucial for documents to accurately state the correct information, be signed using the name of a solicitor rather than the firm's name, and clearly indicate the date of signing.

It is possible to modify one's forename, surname, additions, or rearrangement of existing names. However, it should be noted that the process of changing a child's name may become more intricate, contingent upon the availability of consent from the other parent or guardian.

How can we be of assistance with the name change deed?

Should you require our assistance in the preparation and execution of a Change of Name Deed to modify your surname or forename, add names, or rearrange existing names, we are available to assist you.

What is a Change of Name Deed?

A Change of Name Changing your name by deed is a more discreet process, and once you have decided to do so, you can use the new name for all activities, including publishing marriage bands, participating in legal proceedings, and obtaining or updating information on a driver's licence or passport.

Alter the appellation of a minor

In order to modify the appellation of a minor, the approval of all other individuals holding parental authority, including parents and guardians, is mandatory. These can then be utilised to communicate your name change to financial institutions and governmental bodies.

Which documents am I required to bring along?

You will be instructed on the documentation that is required for your scheduled appointment. All documents may contain one or more of the following and must be originals, NOT photocopies:

• Birth certificate displaying the name to be changed
• Passport
• Marriage certificate
• Decree absolute
• Death certificate of the late spouse

What is name deed?

Acceptable documentation to demonstrate that an individual has changed their name is a name deed. It is imperative to utilise it alongside a birth certificate and supplementary documentation. The Passport Agency and other government departments are happy to accept a name deed as documentary evidence to change a name on a passport or other formal documents.

Public entities, such as governmental departments, local authorities, and the majority of regulatory bodies, as well as quasi-public entities carrying out public functions, are subject to public law.

Define public law.

Public law encompasses the legal principles that regulate interactions between citizens and the government, as well as those interactions among citizens that directly affect society as a whole. In addition to all procedural law, public law consists of constitutional law, administrative law, tax law, and criminal law.

The purpose of public laws.

It is distinct from the body of law that regulates interactions between private companies and individuals (private law).

As a result, this field of law impacts the majority of us in our daily lives, from housing and benefits to parking tickets issued by the council.

This legislation regulates public bodies whose decision-making authority is typically derived from Parliament via the legislative process.

A public body will violate both public law and legislation if it implements a decision or take an action that is not authorised by law.

Define judicial review.

The Court holds public bodies accountable and determines whether decision-makers acted fairly, in good faith, rationally, and solely by exercising their authority for intended purposes primarily through judicial review. These are the "public law" principles that must be adhered to by all public decision-makers, including ministers and front-line officers.

In what ways may we be of assistance?

Should you have reason to believe that a public entity has engaged in unlawful conduct, we are prepared to assist you in navigating the appeals process established by the decision-maker and, if required, file an application for judicial review of the decision.

Our litigation team will try to resolve your matter as quickly and efficiently as possible. For more details contact us on 01206500181.

HS Legal Solicitors' Residential Property Solicitors can assist you with the transfer of property equity. Call us on 01206500181 or contact us online.

Should you require our assistance in transferring equity to another name in accordance with a divorce settlement or for any other reason, we are available to assist you.

DEFINE EQUITY.

Equity equals the property's value minus the amount of the mortgage that remains unpaid. 

What is the transfer of equity?

A transaction in which legal ownership of a property is transferred but at least one of the original owners retains title is known as a transfer of equity. As an illustration, suppose a couple transfers the property into an individual's sole name, or suppose a person is added to the title.

It is typically much simpler than a sale or purchase, as there is typically no requirement for a contract and no searches or inquiries are conducted, as all parties have prior knowledge of the property.

What is the duration of an equity transfer?

What is the duration of an equity transfer? Transfers that are straightforward typically require five to six weeks, but each transaction is unique and can take a different amount of time. With a mortgage, the procedure will take an extended amount of time.

Where There is a Mortgage

A mortgage registration on the property will necessitate that you submit an application to your existing lender for approval of a "transfer of equity" application. As soon as the lender provides us with instructions and the application is approved, we will commence drafting the transfer deed, which officially governs the property's transfer. You will subsequently be sent this for your signature.

Stamp Duty Land Tax

It’s important to note that stamp duty land tax is sometimes payable on the transfer of equity transactions. Ask us about this, one of our property Lawyers will be able to advise you. Once the transfer deed has been executed by all parties, we will obtain any additional funds from you and/or your lender and proceed to the completion stage.

Once completion has taken place, we will apply to the Land Registry to register the new ownership of the property. Once the Land Registry has completed the registration, we will provide you with a copy of the title deeds and return any original documents to your lender for retention.