What Legal Checks Do Solicitors Carry Out When Buying a House?

Buying a home is an exciting milestone, but it’s also a significant legal and financial commitment. One of the most crucial steps in the home buying process is the conveyancing — the legal transfer of ownership from seller to buyer. This is where solicitors play a key role by conducting a series of legal checks to ensure that you purchase a property free of legal complications or hidden surprises.

Why Legal Checks Matter When Buying Property

Property purchases involve much more than signing paperwork and exchanging keys. A solicitor’s role is to protect buyers from legal, financial and practical risks by conducting thorough checks on the property, ownership history, and potential liabilities.

Without proper legal checks, a buyer may unknowingly:

• Inherit unpaid debts secured against the property
• Purchase land with unresolved disputes or restrictions
• Face costly repairs due to hidden structural or environmental issues
• Be unable to use or develop the property as planned

By hiring an experienced solicitor, buyers can proceed with confidence, knowing their investment is legally sound.

Title and Ownership Verification

The solicitor’s first responsibility is to verify that the person selling the property is its legal owner and has full authority to transfer ownership. This involves:

Confirming Ownership Rights

• Obtaining the title deeds or ownership documents.
• Verifying that the seller holds legal title free from disputes.
• Checking for joint ownership or shared interests.

Reviewing Legal Charges and Liabilities

• Identifying existing mortgages, secured loans or financial charges on the property.
• Reviewing covenants, easements, or obligations attached to the property.
• Investigating any third-party rights, such as access or shared driveways.

Clear and marketable title ensures the property is free from ownership complications that could threaten the buyer’s rights.

Land Registry and Title Search

Solicitors conduct a land registry search to verify the legal description of the property and to ensure:

• The boundaries of the property are accurately recorded.
• No unknown restrictions limit the use of the land.
• Any mortgages, liens, or encumbrances are disclosed and addressed.

Title searches also reveal whether the property has been registered or if it remains unregistered — an important factor influencing future resale, refinancing, or inheritance.

Local Authority and Municipal Searches

Solicitors conduct comprehensive local authority searches to assess how the property is affected by planning decisions, regulations, or local government policies.

These searches typically cover:

• Planning permissions granted or refused
• Building regulation approvals and compliance
• Enforcement notices issued against the property
• Conservation area status
• Proposed roadworks or transport schemes
• Future zoning or development plans

Understanding local planning and regulatory issues helps buyers avoid properties affected by development restrictions or impending infrastructure projects.

Water, Drainage and Utility Searches

Water and drainage searches provide essential information about:

• Whether the property is connected to public water and sewage systems
• The exact location of mains pipes, drains, and sewer lines
• Responsibility for maintenance of shared pipes or private drainage
• Any risk of sewer flooding or drainage problems

Identifying drainage issues early can prevent costly repairs or insurance complications after purchase.

Environmental and Risk Assessments

Environmental searches help protect buyers from long-term risks that could affect property value or personal safety.

Key environmental checks include:

• Flood risk assessments (river, coastal, or surface water flooding)
• Contamination risks (former industrial sites, landfills, or chemical waste)
• Radon gas levels, which can pose health risks if elevated
• Ground stability and subsidence risks, often relevant in former mining areas
• Climate change impact assessments, including future flood or subsidence risks

These searches allow buyers to make fully informed decisions and negotiate remedial action where needed.

Planning Permission and Building Regulation Compliance

When properties have undergone renovations, extensions, or structural changes, solicitors check:

• Whether planning permission was properly obtained.
• That building regulations were followed during construction.
• Whether any works required retrospective approval or certificates of lawful development.
• The availability of final completion certificates from the relevant authorities.

Unauthorised alterations may result in enforcement action, reduced property value, or insurance refusals.

Financial Checks and Bankruptcy Searches

Solicitors conduct financial due diligence to ensure:

• The seller is not subject to bankruptcy or insolvency proceedings.
• No pending litigation or court judgements threaten the transaction.
• The property is not being sold to discharge debts fraudulently.

For buyers using mortgage finance, similar financial checks may also be required to satisfy lender requirements.

Certificates of Compliance and Completion

For many properties, especially those that have been altered, specific certificates may be required to demonstrate compliance with legal, safety, and structural standards. These may include:

• Completion certificates for major construction works
• Electrical safety certificates
• Gas safety certificates
• Fire regulation compliance for multi-unit dwellings
• Energy performance certificates

Missing compliance documents may lead to insurance difficulties or costly remedial works later.

Requisitions on Title and Pre-Completion Enquiries

Before finalising the purchase, solicitors issue requisitions on title — a set of detailed legal enquiries sent to the seller’s solicitor. These address:

• Inclusions and exclusions (fixtures, fittings, appliances)
• Boundaries, fences, hedges, and party walls
• Rights of way, access, or shared facilities
• Ongoing disputes or neighbour issues
• Guarantees or warranties still in force (e.g. damp proofing, double glazing)

Clear answers to these questions help buyers fully understand what they’re acquiring.

Stamp Duty and Tax Calculations

Solicitors calculate and arrange the payment of stamp duty or any applicable property transaction tax on behalf of the buyer.

This ensures:

• Accurate tax calculation based on property value and any exemptions
• Timely submission of required forms
• Compliance with legal deadlines to avoid penalties or interest

Proper tax compliance is a legal requirement before property registration can proceed.

Post-Completion Registration

Following completion, the solicitor registers the buyer as the legal owner of the property. This includes:

• Submitting the title deeds to the appropriate registry
• Registering any mortgage charges held by lenders
• Ensuring updated legal records accurately reflect new ownership
  
  

Timely registration secures the buyer’s legal rights and future saleability of the property.

Common Problems Discovered During Conveyancing

Many property transactions uncover issues that must be resolved before completion:

By identifying these risks early, solicitors protect buyers from future legal, financial, or practical complications.

Final Thoughts: The Importance of Expert Legal Advice

Buying a property without comprehensive legal checks is extremely risky. Every property has its own unique legal history, and hidden pitfalls can result in enormous costs if discovered too late.

A skilled solicitor:

• Identifies hidden risks
• Negotiates solutions or protections
• Ensures proper legal compliance throughout the transaction
• Provides peace of mind for one of life’s largest financial investments

This is why having trusted legal support is essential. McKenna & Co Solicitors combines expert knowledge with a personal, client-focused approach to guide you through every stage of your property purchase. With a proven track record and fast response times, we help ensure your transaction is handled with precision and care. Get in touch with us today to discuss your next move.