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What about a survey of the House?

If the house is new, and covered by a National Housebuilders Council (NHBC) Registration Certificate, you may not need a survey. The NHBC certificate offers a ten year protection period. The older the house the more essential it is to have it surveyed - by someone properly qualified, and independent. Again, your solicitor will help you with this.

Some people think that a survey by the Building Society is all that is necessary, but this is wrong. The Building Society surveyor will check the value of the house, and spot any very obvious defects. A full survey is much more detailed, and this is what is necessary for older properties. If you are a seller and have a recent survey of the house in your hands, it may be worth your while to allow the buyer to see it.

For more information download our factsheet on surveys.

You mentioned Planning Permission. What does this mean?

Most new buildings, and additions to buildings require Planning Permission from the Local Council before they are erected. If the home you are buying has a garage which was put up without Planning Permission, then the Council may order you to take it down. It is your solicitor's job to find out about this type of risk. If you are buying on the basis that you are going to alter an existing house, tell your solicitor. He will find out whether you will need Planning Permission. It may be necessary to delay exchange of contracts until you are sure about this.

What about rights of way, and neighbours' rights?

If you are selling you will probably know about these, so tell your solicitor about them. It often happens that two neighbours have a right to use a common driveway; or the drains from a row of houses may collect water which flows into a common sewer; or an old house next door has windows which you cannot obstruct by a new building. It may be necessary to mention some of these rights in the contract. If you are buying and there are 'restrictions' or 'easements' mentioned in the contract, your solicitor will explain how they will affect you legally. You do not want to buy a home which has restrictions preventing you from using it the way you want. Your solicitor will also explain about the ownership of fences, and who has to repair them.

And tenancies?

It is absolutely vital to buyers that they should know of any type of tenancy affecting the house or land they are buying. That dear old lady you met when looking round the house could turn out to be a 'statutory tenant' - with protection under the Rent Acts - and not the seller's mother, as you had thought. Your solicitor will of course demand vacant possession of the house on completion, but do ask him about anything that gives you cause to worry.

And fixtures?

This is very important. The normal rule is that anything fixed permanently to the house, such as a bath or built-in cupboard, will belong to the buyer. The seller, on the other hand, can take away carpets and curtains, even light bulbs. lt can be well worth while for both the buyer and seller to agree on a price for these items. Discuss this with your solicitor, because it may enable him to reduce the amount of Government Stamp Duty you have to pay on your new home.

I've heard of a thing called a 'search'. What does it mean ?

As you would expect, there are several enquiry forms to be filled in and sent to other people. This is the buyer's solicitor's job. He may send these enquiry forms - called 'Searches' - to the Local Council, to the Land Registry and to the Land Charges Registry. He will send other enquiry forms to the seller's solicitor. These enquiries may seem pointless in many cases, but they are not. If your solicitor doesn't ask questions, there is a risk that an important snag may never be noticed. The seller doesn't have to tell you everything about the property, so he must be asked. You may have heard the phrase: Caveat Emptor - let the buyer beware. Your solicitor will advise you whether he is satisfied with the answers he has received and whether he considers further enquiries are necessary for your protection.

What actually happens when Contracts are exchanged?

There are two copies of the contract. The seller signs one, and the buyer the other. When both are ready to commit themselves legally, the buyer's solicitor sends the copy signed by the buyer to the seller's solicitor, and receives in exchange the copy signed by the seller. The transaction is then legally binding. At the same time the buyer's solicitor makes arrangements for the payment of the deposit. The contract has many detailed clauses, and your solicitor can explain them to you. Often contracts are exchanged by your solicitor over the telephone.

What Happens on completion of the sale?

In simple terms, the money is handed over in return for a legal document transferring the 'title' to the land from the seller to the buyer. The buyer can then move into his new home. In fact, the completion is not quite as simple as this. If you, as the buyer, are getting a mortgage, then the Building Society has to be represented at completion. Your solicitor can normally take on this job as well, and this reduces the cost to you. Then of course there is the move. Keys have to be handed over, furniture shifted; if there is coal in the shed, or oil in the tank, the buyer is expected to pay for it. Arrangements must be made for you to pay the right proportion of the General Rates and Water Rates. Your solicitor will arrange all these details for you - though of course you will deal with the actual move yourself.

I'm buying a lease. Does this make any difference?

It certainly does. You will be paying a rent - large or small - and very likely a 'maintenance charge' to cover the cost of cleaning the building and keeping it in repair. Also, the Lease will have many clauses which will affect you. Can you keep pets, can you use one room as an office, can you leave your car in the driveway? Who decides how the maintenance charge is calculated? All this is set out in the Lease. Please read it carefully and discuss it with your solicitor. If you are buying or selling a Lease, think carefully; have the Tenant's covenants (his promises to the Landlord) been kept? Is the flat painted? Are the Landlord's fixtures in good repair? If not, is the buyer taking on an unfair liability? Can I get a Council Grant for repairs? Possibly. Tell your solicitor what repairs or improvements you want to do. Do you want to install a bathroom, for example?

What about Insurance ?

Certainly. First, there is fire insurance. The Building Society will want you to use their Insurance Company (though in most cases you don't have to) to insure the building. But what about comprehensive insurance, for your furniture, your clothes, jewellery, car and so on? Then Life Insurance, and Mortgage Protection Insurance. Maybe you need this; maybe you don't. You probably need independent advice on what insurance you need and can afford. Ask your solicitor about this.

What else should I think about?

Yes, there is. Is your new home to go into the joint names of husband and wife? You will now be the owner of the largest asset you have ever owned; so what about your Will? Have you made one, to provide for the family if you should die? Have you thought about Inheritance Tax? It is easy to forget these questions, but they are important to your family as well as to you. Your solicitor is not only a conveyancer; he also understands the law about Wills, Taxation and Marriage. You should seek his help on every aspect of your purchase.

Does myconvey.com give an after-sales service?

They do. Their charges will include the ordinary tidying-up after the sale has been completed, for example, the legal receipt for the repayment of the seller's mortgage and registration of the title at H M Land Registry. If you have title deeds your solicitor will be pleased to offer deposit facilities usually at no extra cost. If problems arise at a later date, the solicitor will be glad to deal with them