A clear guide to the conveyancing process in England

Introduction

This guide is for anyone buying or selling a home, remortgaging, or changing who owns a property in England. Conveyancing is the legal work needed to transfer ownership of a property and make sure your interests are protected at every stage. At Howard & Co Solicitors LLP, we have supported generations of local clients since 1976. We act for buyers, sellers and property owners across Barnsley, Sheffield, Penistone, Holmfirth and Huddersfield, as well as the wider South Yorkshire and West Yorkshire area.

The conveyancing process

Every transaction is different, but most conveyancing follows a similar pattern. Below is a simple overview of what usually happens.

Instruction - you appoint your conveyancing solicitor and provide key information and personal IDs.
Paperwork - the contract pack is prepared (for a sale) or requested and reviewed (for a purchase).
Searches and checks - we carry out searches and review the title and all documents.
Enquiries - we raise questions to clarify anything important before you commit.
Mortgage and deposit - your mortgage offer is checked and your deposit arrangements are confirmed.
Exchange of contracts - the deal becomes legally binding and a completion date is fixed.
Completion - money is transferred, keys are released and you move in (or your buyer moves in).
After completion - registration and final formalities are dealt with, including tax filings where required.

Some factors can affect timescales, including how quickly the other side responds, how long searches take, and whether there is a chain (multiple linked buyers and sellers). We always aim to keep things moving and keep you updated in plain English.

What does a conveyancing solicitor do and why are they needed?

A conveyancing solicitor manages the legal process of transferring a property from one person to another, or updating the legal ownership or mortgage on an existing property. The process involves legal documents, identity checks, financial safeguards, and detailed checks on the property itself.

What we do for you

Review the legal title and make sure the seller has the right to sell.
Carry out searches (for example local authority checks, drainage and water, and environmental matters).
Raise enquiries to confirm important details and reduce risk.
Explain the contract and key documents in simple terms before you sign.
Handle deposit and mortgage monies safely and in line with lender requirements.
Exchange contracts and complete the transaction on your behalf.
Register the change of ownership at HM Land Registry after completion.

Why this matters

Property transactions are one of the biggest financial commitments most people make. A good conveyancer helps you avoid costly surprises by spotting issues early, explaining options clearly, and dealing with lenders and the other side properly. If you are searching for a conveyancing solicitor in Barnsley, Sheffield, Penistone, Holmfirth or Huddersfield, choosing a local firm can also make communication simpler and more personal. Instructing a local solicitor like Howard & Co that has good relationships with officials in local authorities can also help the process!

Buying a property - step-by-step

When you buy a property, your solicitor is there to protect you and make sure you understand what you are committing to before exchange of contracts.

1) Instruct your conveyancer early

As soon as you start house-hunting (or when you make an offer), it helps to instruct a conveyancer. We can open your file, verify your ID, and be ready to act quickly once your offer is accepted.

2) Provide your information and source of funds details

We will ask for ID and proof of address and, in many cases, information about where your purchase funds are coming from. This is standard for all solicitors and helps prevent fraud and money laundering.

3) Receive and review the contract pack

The seller's solicitor sends a contract pack which usually includes the draft contract, title information and property forms. We review these carefully and explain anything important to you.

4) Searches and checks

Searches help reveal issues you might not know from a viewing. Depending on the property, these may include:

Local authority search - planning, building regulations, road schemes and other council matters.
Drainage and water search - connections to mains water and sewers and whether sewers run within boundaries.
Environmental search - issues such as contaminated land risks or flooding indicators.
Other relevant searches - for example mining-related searches where appropriate.

5) Raise enquiries

Enquiries are questions we send to the seller's solicitor to clarify points such as boundaries, rights of way, disputes, guarantees, and any missing paperwork. This is a normal part of conveyancing and often prevents problems later.

6) Mortgage offer and lender requirements

If you are getting a mortgage, your lender will issue a mortgage offer. We check the conditions, ensure any lender requirements are met, and explain the key points to you. Lenders often have strict rules about what must be checked before release of funds.

7) Report to you and sign documents

Once we are satisfied with the legal checks, we will report to you in plain English. This usually includes what the searches show, any risks, and any steps you may want to take. You will then sign the contract and any mortgage deed.

8) Exchange of contracts

Exchange is the point the purchase becomes legally binding. A completion date is fixed and you will usually pay the deposit at this stage. After exchange, pulling out can have serious financial consequences.

9) Completion day

On completion, the purchase money is transferred to the seller's solicitor and the keys are released - usually through the estate agent. You can then move in.

10) After completion - registration and final steps

We deal with post-completion work including any required tax submission and registering you as the new owner at HM Land Registry. If you have a mortgage, your lender's charge is also registered.

Selling a property - step-by-step

When you sell, the main goal is to provide the correct information and paperwork quickly so the buyer can proceed without avoidable delays.

1) Instruct your conveyancer and complete the property forms

We will send you the standard forms (for example the property information form and fixtures and fittings form). Completing these accurately and promptly helps keep your sale moving.

2) Gather key documents early

Common documents that help include planning permissions, building regulation approvals, warranties, guarantees, certificates for windows or boilers, and details of any work carried out. If you are selling a leasehold flat, there may be additional paperwork and management information needed.

3) Contract pack issued to the buyer's solicitor

We prepare the draft contract and send the contract pack to the buyer's solicitor. The buyer will then carry out searches and raise enquiries.

4) Replying to enquiries

Enquiries are normal. Responding quickly and clearly can make a big difference to timescales, especially in a chain across Barnsley, Sheffield, Penistone, Holmfirth or Huddersfield where several transactions depend on one another.

5) Exchange of contracts

Once both sides are ready and a completion date is agreed, contracts are exchanged and the sale becomes binding.

6) Completion day

On completion, the buyer's solicitor transfers the funds. Your mortgage (if any) is repaid from the sale proceeds and the balance is sent to you, after agreed costs and any other payments.

Remortgaging - step-by-step

Remortgaging means switching your mortgage to a new deal, either with your existing lender or a new one. People remortgage to secure a better rate, release equity, or change the mortgage term.

1) Your lender issues a mortgage offer

Once you have applied, the lender issues an offer with conditions. If you are changing lenders, a conveyancer is usually required.

2) Title checks and lender requirements

We check the title and confirm the property can be used as security for the lender. The lender may require certain checks or documents, depending on the property.

3) Redemption statement and completion arrangements

If you have an existing mortgage, we obtain a redemption statement to confirm exactly what is needed to repay it on the remortgage completion date.

4) Completion

On completion, the new lender provides funds, the old mortgage is repaid, and the new mortgage is registered at HM Land Registry.

Remortgaging with additional borrowing

If you are borrowing extra money (for example to fund home improvements), there may be additional lender checks. We will explain what is needed and keep the process straightforward.

Transfers of equity - step-by-step

A transfer of equity is when you change the legal ownership of a property without necessarily selling it on the open market. This might involve adding someone to the title, removing someone, or changing ownership shares.

Common reasons for a transfer of equity

Separation or divorce - one person is removed from the property title.
Marriage or moving in together - adding a partner to the title.
Gifting a share - for example gifting part of a property to adult children.
Estate planning - restructuring ownership for future planning.
Buying out a co-owner - one owner pays the other for their share.

Key things to consider

Mortgage consent - if there is a mortgage, the lender must agree to any change in ownership. You may need to remortgage or pass affordability checks.
Equity and payments - if money is changing hands, we will make sure this is documented properly.
Tax considerations - some transfers can have tax implications, particularly if there is a mortgage involved or if money changes hands. We will explain the general position, but you may also need independent tax advice depending on your situation.
Ownership shares - if you are adding someone, you may want to record how the property is owned (for example equal shares or different shares). This can be done by a declaration of trust in many cases.

How the process works

Instruction and ID checks.
Confirm the current ownership and any mortgage details.
Agree the intended change and prepare the transfer deed.
Obtain lender consent or arrange a remortgage if needed.
Complete the transfer and register the change at HM Land Registry.

Fees, disbursements and typical costs explained simply

Conveyancing costs usually fall into two categories: fees and disbursements.

Fees - the charge for the legal work your conveyancing solicitor carries out, such as reviewing documents, raising enquiries and completing the transaction.
Disbursements - payments made to third parties as part of the process, such as search fees, HM Land Registry fees and bank transfer charges.

Some transactions can involve extra work, for example leasehold properties, new-build homes, transfers of equity with a lender, or matters requiring additional checks. We will always aim to explain what is involved clearly.

Our Fee Calculator

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Common delays and how to avoid them (practical checklist)

Many conveyancing delays are avoidable. Here is a practical checklist to help keep your transaction moving.

Instruct your conveyancer as early as possible, even before you find a property if you can.
Provide ID and source of funds information promptly.
Respond quickly to requests for paperwork or signatures.
If selling, complete your property forms carefully and return them quickly.
If selling, locate planning permissions, building regulation approvals and guarantees early.
If leasehold, ask for management information early - this can take time.
Book surveys early if you plan to have one.
Be realistic about chains - one delay can affect multiple linked moves.
Tell your solicitor straight away about any deadlines, travel plans or special circumstances.

Buying and selling property in South and West Yorkshire - what is different?

Conveyancing across the UK follows the same core legal framework, but local property types and historic land use can mean extra checks in some areas. If you are buying or selling in Barnsley, Sheffield, Penistone, Holmfirth or Huddersfield, here are some practical points that can be especially relevant.

Mining history and coal and mining searches

Parts of South and West Yorkshire have a strong industrial and mining heritage. Depending on the location, a coal mining search may be recommended to identify whether a property is in an area where historic mining could affect the land. This type of search can flag matters such as past mining activity, known shafts, or subsidence claims in the wider area. Not every property will need this, but it is a common and sensible check in some locations.

Flood risk in valleys and low-lying areas

Flooding can affect properties anywhere in the UK, but some valley locations and low-lying areas may require closer attention. Environmental searches and flood-related reports can highlight risks from rivers, surface water and other sources. If a search suggests a potential risk, we can explain what it means and what further steps might be sensible, such as specialist reports or checking insurance implications early.

Conservation areas and listed buildings in market towns

Market towns and older centres across South and West Yorkshire can include conservation areas and listed buildings. These can bring additional rules about what changes can be made to a property, including windows, extensions, and sometimes even external finishes. Extra checks may be needed to confirm permissions were obtained for past works and to help you understand your responsibilities going forward.

Leasehold flats and service charge checks

Leasehold flats are common in many areas, including parts of Sheffield, Barnsley and Huddersfield. Leaseholds require more documentation, including details of ground rent, service charges, planned major works, and rules for the building. Delays can happen when management information is slow to arrive, so early preparation makes a real difference.

New-build developments and what to watch for

New-build purchases can involve additional documents and tight developer deadlines. There may be estate management arrangements, shared access ways, or adoption agreements for roads and drains. We check these points carefully and explain them in practical terms so you know what you are buying into before you commit.

Local authority search times can vary

Local authority search times can vary between councils and can change depending on demand. This can affect overall timescales, especially in a busy market. We will request searches promptly and keep you updated so you can plan with more confidence.

FAQs

1) How long does conveyancing take?

Timescales vary, but many transactions take several weeks from instruction to completion. Chains, search times, and how quickly both sides respond to enquiries are common factors.

2) What is a chain and why does it matter?

A chain is where multiple buyers and sellers are linked, because each person needs their sale to complete before they can buy. If one part of the chain is delayed, it can affect everyone.

3) When do I need to pay a deposit?

Deposits are usually paid at exchange of contracts. The amount can vary depending on the transaction and what is agreed between the parties.

4) What is the difference between exchange and completion?

Exchange is when the deal becomes legally binding and a completion date is fixed. Completion is when money is transferred and the keys are released.

5) Do I need a survey if I am buying?

A survey is not a legal requirement, but many buyers choose to have one. It can help identify issues with the building that are not visible during a viewing.

6) What searches will you carry out?

This depends on the property, but often includes local authority, drainage and water, and environmental checks. Other searches may be recommended depending on the location and property type.

7) Can I pull out after my offer is accepted?

Yes, offers are usually not legally binding until exchange of contracts. However, there may be costs already incurred, such as survey fees or search fees.

8) What happens if the seller has not got paperwork for building work?

We will investigate and explain options. Sometimes missing paperwork can be resolved with replacement documents, further enquiries, or specialist insurance, depending on the issue.

9) What is leasehold and why is it different?

Leasehold means you own the property for a set term under a lease, but not the land itself. There are often ongoing payments such as service charges and ground rent, and rules set by the lease.

10) Do I need a conveyancer to remortgage?

If you are switching lenders, a conveyancer is usually needed to deal with legal checks and register the new mortgage. If you are staying with the same lender, legal work may be minimal, but it depends on the product and lender.

11) What is a transfer of equity and is it the same as transferring the mortgage?

A transfer of equity changes who owns the property. If there is a mortgage, the lender must also agree to any change, and you may need to remortgage or update the mortgage arrangements.

12) Will you keep me updated during the process?

Yes. Clear communication matters. We aim to explain progress and next steps in plain English so you always know where things stand.

13) Do you act for clients across South Yorkshire and West Yorkshire?

Yes. We support clients across Barnsley, Sheffield, Penistone, Holmfirth and Huddersfield, and the surrounding areas.

14) Is a solicitor legally required in the UK to carry out the conveyancing?

You are not legally required to use a solicitor or licensed conveyancer when selling your home in the UK, but it is strongly recommended to avoid delays, errors, and legal risks. Selling a property involves detailed legal work including preparing contracts, carrying out title checks, conducting searches, and managing the exchange and completion processes – tasks that solicitors specialise in. Most mortgage lenders also expect the seller to be legally represented, especially if a mortgage is still outstanding on the property. Using a professional helps ensure the sale runs smoothly and gives buyers confidence that the legal side is being handled properly.

Glossary of conveyancing terms

Term	Plain English meaning
Conveyancing	The legal work involved in buying, selling or changing ownership of a property.
Exchange of contracts	The point when the deal becomes legally binding and a completion date is fixed.
Completion	The day the money is transferred, the keys are released and ownership changes hands.
Searches	Checks carried out to reveal information about the property and surrounding area.
Local authority search	A check with the council that can show planning, building control and other local issues.
Mortgage offer	The lender's written confirmation of the mortgage terms they are willing to provide.
Title register	The Land Registry record showing who owns the property and key legal information.
Title plan	The Land Registry plan showing the general boundaries of the property.
Freehold	Owning the property and usually the land it stands on, without a time limit.
Leasehold	Owning the property for a set term under a lease, often with service charges and rules.
Enquiries	Questions raised by the buyer's solicitor to clarify important details before exchange.
Fixtures and fittings	Items included or excluded from the sale, such as carpets, curtains or appliances.
Completion statement	A financial breakdown showing what money is due and where it is going on completion.
Indemnity insurance	A type of insurance sometimes used to protect against specific legal risks.
EPC	Energy Performance Certificate - a rating of a property's energy efficiency.
SDLT	Stamp Duty Land Tax - a tax that may be payable when buying property in England.
Gifted deposit	Money given to a buyer (often by family) to help fund the purchase deposit.
Memorandum of sale	A document from the estate agent confirming the agreed price and details of the parties.
TA6	A standard form the seller completes about the property, such as disputes and boundaries.
TA10	A form listing what is included in the sale, such as fixtures, fittings and appliances.
TR1	The main transfer deed used to transfer property ownership from seller to buyer.
Transfer of equity	Changing the legal ownership of a property, for example adding or removing an owner.
Redemption statement	A statement from a lender confirming how much is needed to pay off a mortgage.
Charge	The lender's legal interest registered against the property as security for a mortgage.
Land Registry	The government body that records property ownership and registered interests.

Speak to our conveyancing team

If you are buying, selling, remortgaging or arranging a transfer of equity, our team is here to guide you through the process in plain English. We help clients across Barnsley, Sheffield, Penistone, Holmfirth and Huddersfield, as well as the wider South Yorkshire and West Yorkshire areas.

Howard & Co Solicitors LLP is established in 1976 and Authorised and Regulated by the Solicitors Regulation Authority - Firm Number 8000040.

Contact us

General enquiries: 01226 215 215
Email: law@howardandco.co.uk
Opening hours: 9am to 5pm Monday to Friday

Our offices

Barnsley Solicitors (Victoria Road): 4 Victoria Rd, Barnsley S70 2BB - tel 01226 215215

Barnsley Solicitors (Regent Street): 5-7 Regent St, Barnsley S70 2EG - tel 01226 211888

Penistone Solicitors: 10A Market St, Penistone, Sheffield S36 6BZ - tel 01226 762261