Appointing your conveyancing solicitor at the earliest opportunity can pay dividends as time will be provided to create a relationship and receive advice. More importantly you can discuss how their fees might be reduced by you assisting in the acquisition and completion of various documents.

Some solicitors may not be amenable to this request, but persist and you will eventually find one who is prepared to be helpful rather than obstructive. Search for firms who have dedicated specialists in conveyancing and assess them on the quality of service offered rather than on price alone. Also ask about a ‘no move no fee’ or a ‘fixed fee conveyancing’ charge structure as this will prevent you paying if the sale falls through, or at worst you will avoid any additional charges being levied if it develops into a more complicated sale than first thought.

COMPLETING THE DOCUMENTS

Whilst currently there is no compulsion to provide the information suggested by the proposed Home Information Pack, this will change if implemented as planned on 1st January 2007. Some estate agents are already adopting the proposals, so they can become competent in dealing with them and to ensure the necessary procedures are in place well ahead of the introduction date. You may wish to read more about the Government’s proposals contained in the 2003 Housing Bill or examine the original consultation paper, The Key to Easier Home Buying and Selling. Both are available on the Internet at www.odpm.gov.uk.

Why complete the documents now?

Once legislation is introduced in England and Wales the documents required for the Home Information Pack will have to be made available before you advertise your property for sale. The idea is that this will speed up the legal process and offer potential buyers much more information at an earlier stage. As most of these documents will be needed regardless of legislation being introduced, it is useful to prepare them now in the event of an early sale. This will also enable you to concentrate on finding a buyer.

COPIES OF TITLE DOCUMENTS

Known as the copy title deeds (termed ‘official copies’) or copies of unregistered documents of title. Most land in England and Wales is registered by the Land Registry which is organised into 24 district registries, all of which are open to the public, though the inspection of documents is subject to a fee. You need to ascertain whether your property is registered. To do so:

• Contact the individual, company or institution that holds your deeds. This is likely to be either your solicitor or mortgage lender. Ask them whether a Land Certificate or Charge Certificate document exists. If it does then you can be assured your property is registered.
• Members of the public can now undertake Land Registry searches, obtain office copies and title plans online at www.landregisteronline.gov.uk. Registry details are £2 and title plans cost a further £2. If the search is unsuccessful, the property is likely to be unregistered. Leasehold titles can also be registered and this online facility can be used to check them in the same way.

Properties are being added to the register constantly and it may be that your property has not yet been registered. This is more likely if your home is over 20 years old and is in a rural area. In the event that you cannot obtain the appropriate documents or find that it is not registered or you know it to be leasehold, consult your solicitor who will be able to offer further advice and assistance.

THE PROPERTY INFORMATION FORM

This standard form asks you to answer a variety of questions and is usually presented by the buyer’s solicitor. Completing it at this stage will save time later on and at worst all you will need to do is transfer your answers onto a different form. A sample Property Information Form is included in the appendix at the back of this book. My thanks to Sykes Anderson Solicitors (020 7702 1914) of London for supplying this document. Questions relate to:

• Any ongoing disputes that may exist with your neighbours or any neighbouring property.
• The maintenance and responsibility of any boundary wall or fence.
• Confirmation that there is gas, electricity, water, drainage, telephone and/or cable television connected to the property and whether any run under or over a neighbouring property.
• Your liability (if any) to contribute towards any shared facilities such as pipes and drains or access routes jointly used with other people.
• Any building work you have had done or have undertaken yourself during your period of ownership and whether planning consent or building regulation approval was obtained.
• Any change in use of the building including any conversion into more than a single dwelling.
• Any guarantees associated with the property, including the NHBC certificate if appropriate.
• Current occupiers of the property, including children over the age of 16, lodgers, tenants, colleagues and guests.

Any tenant occupying your property will have statutory legal rights that may prevent you from terminating the tenancy and evicting them. Before embarking on the sale of your home you should verify that you will be able to provide the buyer with vacant possession upon completion.

If you currently do have a tenant, or any paying guest or lodger, consult your solicitor for advice before proceeding. Under no circumstances seek to harass your tenant or illegally evict them as there can be very severe penalties, including fines of several thousands of pounds.

LOCAL AUTHORITY SEARCHES

Your solicitor will ordinarily perform this essential task for you as part of the conveyancing service. It can take up to four weeks for local search results to be obtained. This is largely due to the fact that the process is performed by post and is reliant upon the efficiency of local authority staff.

The alternative is for you to do the footwork under the guidance of your solicitor, thereby executing the entire task within a single day – you can also make a considerable saving in search fees charged. The introduction of the Home Information Pack may, however, prohibit individuals performing this task and much will depend on the restrictions enforced by particular mortgage lenders.

The extent and nature of searches varies according to locality. Some will be standard wherever your property is situated, others will be dependent on various considerations including any current or prior mining of coal or tin and other such excavations, the proximity of canals and other waterways, and the position of landfill or waste-disposal sites. Consult your solicitor or a local surveyor to identify which searches are necessary.

The government has been encouraging solicitors to perform local searches online to help speed the process up for buyers and sellers. Most local authorities are now fully computerised and, providing your solicitor has embraced the new technology required to complete the procedure, local search results should be received back within a day. More information on e-searches and e-conveyancing can be viewed at www.nlis.org.uk.

Local Land Search

A Local Land Search is essential. Obtain Form LLC1 from your local law stationer and submit it to your local authority. Be certain to delete ‘Part(s) . . . of in the ‘Requisition for Search’ box as you want to search the entire register and not just parts of it. A reply will be expedited by you sending with the form a copy of the filed plan from the Land Registry that you should have received with the Office Copy Entries.

The local register records important facts about properties in the area. This search will disclose:

• Whether there are any outstanding local authority service charges.
• What charges and responsibilities any new owner will be obliged to accept at exchange of contracts, for example, the maintenance of non-adopted roads and footpaths.
• Whether any restrictions or preservation orders exist on the property.
• How planning applications may affect the property in the future, for example, if a new road has been proposed that crosses one end of the garden.
• Whether improvements have been conducted with the assistance of a local authority grant.

THE DRAFT CONTRACT

The contract makes a clear statement and an agreement about who is selling what and to whom. The draft contract sets out the same essential criteria but it is made available in advance for both parties to examine. Suggested alterations through discussion and agreement with each other are then sought and are embodied into the final sale contract.

The draft contract is not legally binding and it is therefore safe to supply it to a would-be buyer. Although this document is not complicated to complete it is best undertaken by, or at least under the supervision of, your appointed solicitor. There are certain items of information you have already obtained which will be useful to your conveyancing solicitor so take your document folder with you when arranging this part of the procedure.

SELLING OUTSIDE ENGLAND AND WALES

This guide only relates to property being sold in England and Wales. The law affecting the sale of property in other countries, including Scotland and Northern Ireland, differs considerably and in such circumstances you must obtain legal advice from a solicitor familiar with the appropriate law of that country before proceeding.

Selling in Scotland, for example, tends to be much faster, simply because contracts become legally binding at an earlier stage and specifically when an offer is received and accepted. The documents required for a sale are similar to those in England and Wales but some have different titles and the text varies. The preparation of the property for selling is, however, substantially the same and therefore much of the advice given in this book remains relevant, with the exception of any reference to the legal process and documents required for the purpose.

TO SUMMARISE

• Employ a solicitor who is amenable to you taking an active role in the legal process.
• Negotiate a reduction in legal fees according to the amount of work you are prepared to fulfil under the supervision of your solicitor, but be careful not to cause any duplication of paperwork or complicate the process as this may lead to additional costs.
• Confirm that your property is registered with the Land Registry.
• Complete the standard Property Information Form.
• Undertake the appropriate Local Authority and Local Land searches, but check beforehand to confirm that your results will be acceptable to mortgage lenders.
• Arrange for the draft contract to be drawn up.