Buying a home in the UK is exciting until your solicitor starts throwing around terms like “exchange” and “completion” like you’re supposed to know the difference. You nod along, pretending to understand, while secretly Googling “what is a TA6 form” in the bathroom. The legal process behind UK property purchase, known as conveyancing, can be confusing and expensive – especially when you don’t understand what you’re paying for.
This guide explains eight conveyancing terms that will actually matter to your purchase. Not the obvious ones everyone knows, but the tricky ones that cause deals to fall through, add unexpected costs, or leave buyers in legal nightmares five years later.
Understanding UK Conveyancing
Conveyancing involves all the legal work needed to transfer property ownership from seller to buyer in England, Wales, Scotland, or Northern Ireland. If you use a service provider like SAM Conveyancing, their team will guide you through the process, handling paperwork and helping you avoid common pitfalls that catch out first-time buyers.
Knowing the language of conveyancing makes it easier to follow each step, understand what your solicitor is actually doing for their £1,500 fee, and spot when something’s going wrong before it costs you the sale.
1. Exchange of Contracts vs Completion (They’re Not the Same Thing)
This is the most expensive misunderstanding in UK property buying. Exchange and completion are two completely different days with massive financial implications.
- Exchange of Contracts is when you legally commit to buying. Once you exchange, backing out means losing your deposit – typically 10% of the purchase price. On a £300,000 house, that’s £30,000 gone. No refunds. No excuses. Your solicitor literally phones the seller’s solicitor at a precise time (often 2pm) to verbally agree the exchange. It’s bizarrely old-fashioned but legally binding.
- Completion is when you actually get the keys. This happens days or weeks after exchange. The money transfers, the seller moves out, and you finally own the property. Between exchange and completion, you’re in legal limbo – committed to buy but not yet the owner.
Here’s what catches people out: some buyers book removals for exchange day, thinking they’re moving in. They’re not. Others think they can still negotiate after exchange. They can’t. One couple I know went on holiday between exchange and completion, missed an urgent solicitor query, and nearly lost their house.
The gap between exchange and completion is negotiable. Same-day exchange and completion is possible but risky – if anything goes wrong with the money transfer, you’re homeless with a removal van full of furniture.
2. Leasehold vs Freehold (The Difference That Could Cost You Thousands)
This is the biggest trap in UK property, especially for flat buyers. Get this wrong and you’re paying ground rent forever on a property you thought you owned.
- Freehold means you own the property and the land it sits on outright. Forever. No ground rent, no asking permission to own a dog, no surprise bills for roof repairs. Most houses are freehold.
- Leasehold means you own the property for a set number of years (the lease), but someone else owns the land. You pay ground rent annually, potentially service charges, and when the lease gets below 80 years, your property becomes harder to sell and mortgage. Extending a lease can cost tens of thousands.
The leasehold scandal has trapped thousands of UK buyers. Developers sold houses (not just flats) as leasehold with ground rent that doubles every 10 years. Some ground rents started at £300 annually, seeming reasonable. After 50 years? £9,600 per year. These properties are now unsellable.
Always check:
- How many years left on the lease (under 80 is a problem)
- Ground rent amount and how it increases
- Service charge history and major works planned
- Who owns the freehold (sometimes you can buy it)
Flats are usually leasehold by necessity (someone needs to own the whole building), but houses should almost always be freehold. If a house is leasehold, something’s fishy.
3. Property Chain (Why Your Purchase Takes 4 to 6 Months)
The UK property chain is why buying here is uniquely stressful. You’re buying from someone who’s buying from someone else who’s buying from another person. One break in this chain and everyone’s stuck.
A typical chain looks like:
- First-time buyer (you) buying from…
- Growing family upgrading to bigger house, buying from…
- Downsizing retirees buying from…
- Deceased estate (no onward purchase)
If the retirees’ purchase falls through, the family can’t buy, so they can’t sell to you. Suddenly your purchase collapses through no fault of yours. Your mortgage offer expires, your solicitor wants more money, and you’re back on Rightmove.
Chain-free properties (where seller isn’t buying anywhere) command premium prices because they can’t collapse from above. New builds, probate sales, and investor sales are often chain-free. They typically sell 2-3 weeks faster and for 2-3% more money.
The longest chains form in spring when everyone lists simultaneously. The shortest happen in December when only desperate sellers remain. Some buyers deliberately break chains by moving into rentals first, becoming effectively cash buyers.
4. Searches (The Hidden Problems That Solicitors Find)
Searches are various checks carried out by your conveyancer on your behalf. These cost £300-500 and reveal horrible surprises about the property. Skipping searches to save money is like buying a car without looking under the bonnet.
Local Authority Search (£100-300) reveals:
- Planning permissions on the property and nearby
- Building control certificates for extensions
- Whether the road is adopted (if not, you pay for repairs)
- Planned developments nearby (that new motorway through your garden)
Environmental Search (£50-100) checks:
- Flood risk (affects insurance premiums)
- Contaminated land (old petrol stations are nightmares)
- Radon gas risk
- Mining activity and subsidence
Water and Drainage Search (£50) confirms:
- Mains water connection
- Sewerage arrangements (some rural properties have septic tanks)
- Who’s responsible for pipes
Optional searches include chancel repair liability (medieval church tax that still exists), commons registration, and specific mining searches for certain areas.
One buyer discovered through searches that the “quiet cul-de-sac” had planning permission approved for 200 new homes behind it. Another found their garden was contaminated from an old factory. Without searches, you’d discover these problems after buying.
5. Stamp Duty Land Tax (The Different Rates Across the UK)
The UK doesn’t have one stamp duty system – it has three, and using the wrong calculator costs thousands.
England and Northern Ireland use SDLT:
- Nothing on first £250,000 (£425,000 for first-time buyers)
- 5% on £250,001-£925,000
- 10% on £925,001-£1.5 million
- 12% above £1.5 million
Scotland uses LBTT (Land and Buildings Transaction Tax):
- Nothing on first £145,000
- 2% on £145,001-£250,000
- 5% on £250,001-£325,000
- 10% on £325,001-£750,000
- 12% above £750,000
Wales uses LTT (Land Transaction Tax):
- Nothing on first £225,000
- 6% on £225,001-£400,000
- 7.5% on £400,001-£750,000
- 10% on £750,001-£1.5 million
- 12% above £1.5 million
Second homes and buy-to-lets add 3% (England/NI), 6% (Scotland), or 4% (Wales) on top. Foreign buyers pay an extra 2% surcharge in England and Northern Ireland from 2021.
Example: £300,000 house purchase by a first-time buyer:
- England: £0 stamp duty
- Scotland: £1,100 LBTT
- Wales: £2,500 LTT
Your conveyancer calculates this and arranges payment on completion. Get it wrong and the sale can’t complete. One decimal point error and HMRC comes knocking years later with penalties.
6. TA6 Form (The Seller’s Property Information Form That’s Always Wrong)
The TA6 (Property Information Form) is where sellers declare everything about the property. It’s 15 pages of questions about boundaries, disputes, building work, and problems. Sellers love ticking “not known” for everything.
Critical TA6 sections that cause problems:
- Disputes and complaints – Any arguments with neighbours about boundaries, noise, or access
- Building works – Extensions, conversions, new windows (all need certificates)
- Guarantees and warranties – Damp proofing, timber treatment, new builds
- Services – Gas, electricity, drainage arrangements
Sellers who lie on the TA6 face legal action later. But proving they knew about problems is nearly impossible. “The roof never leaked when we lived there” is hard to disprove, even when neighbors confirm it’s leaked for years.
Smart buyers cross-reference the TA6 with:
- Google Street View history (was that extension really built 10 years ago?)
- Planning portal records
- Building control certificates
- Neighbors (knock on doors, ask questions)
The TA6 also includes the TA10 (Fixtures and Fittings Form) declaring what’s included. That beautiful fitted kitchen? Check the TA10 – sellers sometimes take everything including the sink.
7. Land Registry Title Documents (The Deeds That Aren’t Deeds Anymore)
“Title deeds” is outdated – everything’s electronic now at Land Registry. Your solicitor downloads the title documents that prove ownership and reveal restrictions you didn’t know existed.
The Title Register contains:
- Property Register – describes the property and rights benefiting it
- Proprietorship Register – names the owner and price paid
- Charges Register – mortgages, restrictions, and rights others have over your property
The Title Plan shows boundaries outlined in red. But here’s the trap – these boundaries are “general boundaries” only. That fence you think marks your garden? Title plans are usually drawn at 1:1250 scale where lines are 1 meter thick. Boundary disputes destroy neighbor relationships and cost £10,000+ in legal fees.
Hidden nasties in title documents:
- Restrictive covenants (no commercial use, no caravans, must maintain hedges)
- Rights of way (neighbors walking through your garden legally)
- Overage clauses (previous owner gets money if you develop)
- Mines and minerals reserved (someone else owns what’s under your house)
One buyer discovered a covenant requiring “only detached houses” on the plot – their planned extension connecting to the garage was illegal. Another found the previous owner retained rights to all minerals below 50 feet. When fracking arrived, guess who profited?
8. Retention and Undertakings (The Money Your Solicitor Keeps Back)
Retentions and undertakings are how solicitors handle problems that can’t be fixed before completion. They’re legal promises backed by money or professional reputation.
Retention is money held back from the seller until they fix something. Common retentions:
- Missing building regulation certificates (£1,000-5,000 retained)
- Broken boiler discovered on final viewing (cost of replacement)
- Seller’s junk left in property (£500-1,000 for removal)
The retention sits in the solicitor’s account. Once the issue’s resolved, money releases to the seller. If they don’t fix it, you keep the money. Sellers hate retentions and often mysteriously find missing documents when money’s involved.
Undertakings are solicitor promises to do something after completion. They’re professionally binding – breaking an undertaking ends legal careers. Common undertakings:
- Redeem existing mortgage from sale proceeds
- Forward missing documents when received
- Discharge bankruptcy notices
The dangerous undertaking is “pending redemption” – the seller’s solicitor promises to pay off their mortgage after completion. If they don’t (firm goes bust, fraud), you own a property with someone else’s mortgage on it. Your solicitor should insist on evidence the mortgage is actually cleared.
Conclusion: Knowledge Saves Money
These eight terms are just the start of UK conveyancing complexity. Every property transaction has unique complications – Japanese knotweed, flying freeholds, absent freeholders, indemnity policies, gifted deposits. Understanding the basics helps you spot when something’s seriously wrong.
Working with experienced conveyancers makes this easier. They guide you through every step, explaining terms and ensuring your transaction runs smoothly. But even with expert help, knowing these terms helps you ask the right questions, understand the answers, and avoid the expensive mistakes that catch out unprepared buyers.
