Supporting NCW25: Why Conveyancing is more complex than ever?
19 Mar 2025
The Conveyancing process has always been a complex one, but in recent years, the role of a Conveyancer has become even more challenging. From stricter regulations, evolving legal requirements, and increased due diligence, mean that transactions now involve even more steps than before. These factors contribute to the longer transaction times.
To better understand why your property transaction may take longer, here are some of the additional tasks your Conveyancer must complete as part of your home-moving journey:
1. Enhanced Due Diligence & Compliance
- Anti-Money Laundering (AML) Checks have become even more stricter – Conveyancers must conduct more rigorous identity verification, Source of Funds checks, and Politically Exposed Persons (PEP) screening, which in turn takes longer to complete.
- Increased Fraud Prevention Measures – Conveyancers sometimes need more robust verification of bank details and additional client authentication to prevent fraud and cybercrime.
- Economic Crime Compliance – Any clients from overseas may be required to provide extra verifications, conforming to the Economic Crime Act.
2. Leasehold & Estate Management Issues
- Review of Lease Terms – Increased scrutiny of lease clauses, particularly around ground rent, escalating service charges, and lease length issues.
- Managing Agent & Freeholder Delays – Additional enquiries into service charge accounts, management company details, and major works plans.
- Ground Rent Reforms – Since leasehold reforms have restricted ground rent on new leases, Conveyancers must ensure compliance with the latest legislation.
- Varying rules surrounding Estate Rent charges mean that far more deeds of variation are needed, causing delays.
3. Environmental & Sustainability Concerns
- Flood Risk & Climate Change Reports – There’s been an increased demand for flood risk and environmental impact assessments due to climate change concerns nationally.
- Energy Performance Certificate (EPC) ratings are under more scrutiny – Buyers and Lenders are now paying closer attention to a property’s EPC rating, and Conveyancers may need to advise on legal obligations regarding energy efficiency.
5. Lender & Mortgage-Related Complications
- Stricter Mortgage Lender Requirements – Some Lenders impose specific legal requirements (e.g., restrictions on high-rise flats, cladding concerns, or leasehold terms).
- New Build & Help to Buy Scheme Delays – New Build transactions require additional documentation, including compliance with developer warranties and funding conditions.
6. Cladding & Fire Safety Investigations
- Building Safety Act Compliance – Flats in affected buildings require extensive checks on cladding, fire safety certificates, and remediation works.
- EWS1 Form Requirements – Many Lenders require an External Wall System (EWS1) form for mortgage approval, adding delays if not readily available.
7. Increased Post-Completion Work
- Stamp Duty Land Tax (SDLT) Complexity – More cases requiring detailed SDLT calculations due to second-home surcharges, first-time buyer relief, and mixed-use property classifications.
- Land Registry Delays – Increased backlogs at the Land Registry mean that registering ownership, mortgages, and other legal changes is taking longer and requiring more chasing.
- Updating Title Restrictions & Notices – More work needed for changes in ownership structures, particularly with trusts and company-owned properties.
As you can see, the additional workloads which Conveyancers undertake is an extensive list, nonetheless, these measures are in place to protect you, [the buyer or seller] and the wider property market from risks like fraud, financial crime and other legal disputes.
By understanding the scope of your Conveyancer’s responsibilities, this can help set more realistic expectations during your home-moving journey. While delays can be frustrating, they are often necessary to ensure compliance and safeguarding your investment.
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