When purchasing a property, many buyers assume that their conveyancing solicitor will manage every aspect of the transaction, but here’s 4 things your conveyancer is not responsible for.
While your solicitor plays a crucial role in the legal process, there are several important responsibilities that fall outside their remit.
Understanding what your conveyancing solicitor does—and does not do—can help you avoid delays and unexpected issues down the line.
1. Your Conveyancing Solicitor Can’t Arrange Gas and Electrical Inspections
One of the most common misconceptions among homebuyers is that sellers must provide up-to-date gas safety certificates or electrical inspection reports. In reality, sellers are not legally obliged to supply these documents when selling a property.
As a result, buyers should not assume that the property’s gas, electrical, or other service installations have been recently tested.
What Should Buyers Do?
If you have any concerns about the condition or safety of the property’s services, you should arrange independent inspections before exchanging contracts. Access can usually be organised through the estate agent.
If any defects are identified, you may be able to:
- Negotiate a reduction in the purchase price.
- Request that the seller carries out repairs before completion.
- Reconsider proceeding with the purchase if significant issues are uncovered.
Why This Matters
Once contracts have been exchanged and the purchase has completed, buyers generally cannot require the seller to rectify defects that are discovered afterwards. Failing to carry out checks before exchange could leave you responsible for potentially expensive repairs.
2. Your Conveyancing Solicitor Can’t Arrange a HomeBuyer’s Survey
Although your solicitor will arrange essential property searches, they do not organise or carry out property surveys.
Many buyers mistakenly believe that searches and surveys are the same thing. However, they serve very different purposes.
Searches Your Solicitor Will Typically Arrange
Your conveyancing solicitor will usually obtain:
- Local Authority Search
- Water and Drainage Search
- Environmental Search
- Coal Mining Search (where applicable)
These searches reveal information about the property and surrounding area but do not assess the physical condition of the building.
What Buyers Need to Arrange
If you wish to understand the structural condition of the property, you should instruct an independent surveyor to carry out a HomeBuyer’s Survey or Building Survey.
The buyer is responsible for:
- Selecting the surveyor.
- Arranging the survey.
- Organising access through the estate agent.
- Paying the survey fees.
A survey can highlight defects such as damp, structural movement, roof problems, or other issues that may not be apparent during viewings.
3. Your Conveyancing Solicitor Can’t Provide Specialist Tax Advice
Conveyancing solicitors deal with the legal transfer of property ownership, but they are not specialist tax advisers.
When You May Need Independent Tax Advice
If your transaction has potential tax implications, you should seek advice from a qualified tax specialist regarding:
- Capital Gains Tax (CGT)
- Inheritance Tax (IHT)
- Property investment taxation
- Trust and estate planning
- Complex ownership structures
Obtaining professional tax advice can help you understand your liabilities and avoid unexpected financial consequences.
4. Your Conveyancing Solicitor Won’t View the Property
Another important point for buyers to understand is that your conveyancing solicitor will not normally view the property in person.
Your solicitor relies on the legal documentation provided throughout the transaction and cannot verify the property’s physical condition or identify discrepancies on site.
What Buyers Should Check Themselves
Buyers should carefully review all paperwork and property documents themselves and advise their solicitor if they believe there to be any discrepancies
Pay particular attention to:
- Property boundaries.
- Fences, walls, and access points.
- Extensions and conservatories.
- Loft conversions.
- Outbuildings and garages.
- Alterations or structural changes.
Why This Is Important
Not all alterations are revealed by search results, particularly if works were carried out without the appropriate planning permission or building regulations approval.
If you notice any changes or additions to the property, inform your conveyancing solicitor as early as possible. They can then raise specific enquiries with the seller’s solicitor to obtain further information and documentation.
Final Thoughts
A conveyancing solicitor plays a vital role in protecting your legal interests during a property transaction, but there are important aspects of the buying process that fall outside their responsibilities.
To ensure you make a fully informed purchase decision, buyers should:
- Arrange independent gas and electrical inspections if required.
- Undertake an appropriate property survey.
- Seek specialist tax advice where necessary.
- Carefully inspect the property and review all documentation.
Understanding these responsibilities can help you avoid unexpected costs, identify potential risks, and enjoy a smoother property purchase experience.
For more information or to speak to one of our award-winning conveyancers, call us on 0800 115 1800 or complete the form below: