UK Property Law-

 

For full UK property Law please click below

 

http://www.legislation.gov.uk/ukpga/Geo5/15-16/20

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There are no restrictions on foreign ownership.

 

Buying property in UK can be summarized in 3 stages: the search and offer, conveyancing and the final touches.

 

1. Find a suitable property and make an offer, usually through your real estate agent. The offer does not legally bind you to buy, except in Scotland where offers ARE binding (neither is the seller legally bound at this stage – ‘gazumping’ or withthdrawing from an agreement to buy or sell before the final contract has been signed is very common, except in Scotland).

 

2. After your offer has been accepted you may wish to arrange for a survey. A survey is strongly advised for early detection of potential problems. Generally there are two kinds of survey:

• a building survey, which will cost you roughly £500 (€571) to £1000 (€1,143)

• a homebuyer’s report, which will be cheaper at about £300 (€343) to £500 (€571)

 

There are no set fees for surveys. Negotiate.

 

3. The legal transfer of the property (conveyancing) is the next stage. You will need a solicitor or a licensed conveyor for this. Again, there is no set fee scale so negotiate, and clarify whether VAT and/or disbursements is/are included in the upfront quotation. Conveyancing proceeds through an exchange of notes between the seller’s solicitor and your solicitor. A “draft contract” will be drawn up by the seller’s solicitor containing the price, information about the seller’s deeds of title, etc.

Your solicitor will check this and negotiate with the seller’s solicitor. Searches, enquiries and surveys undertaken on your behalf will include a Local Authority Search, to check that the property is not in the way of any project; a search at the Land Registry to check security of title. Other enquiries will check on things like mineral rights, flooding, pollution, etc. This part of the conveyancing process will take a minimum of two weeks, but it not unusually takes two or three months.

 

4. Once you and your solicitor are satisfied, you sign final contracts. This binds both parties legally - the sale must go through. At this point you hand over a non-refundable 10% deposit.

 

5. A transfer contract documenting the transfer of title will next be prepared and signed by both parties. A completion date will also be agreed upon. Between the contract signing and completion date, proper arrangements with the Land Registry office are made: stamp duty and other fees connected with registering are paid. Payments are now completed and the deeds are handed to you. The process is over, you are now a proud owner.

Selling a property

 

A Home Information Pack (HIP) must now be provided before properties in England and Wales can be put on the open market for sale with vacant possession (Housing Act 2004). The idea is to reduce the (large) number of abortive sales in England and Wales (28% of all ‘agreed’ sales fail to take place) and is based on Danish practice.

The pack must be no more than three months old when the property is first marketed, and must contain:

• An energy Performance Certificate

• A sale statement

• A copy of the title documents for the property

• Local Authority and drainage searches

• An index

 

If the property is leasehold or commonhold, then the pack must also include the following:

• A copy of the lease

• Building insurance policy

• Contact details for the landlord or management and any legal details

• Regulations that apply

• Recent service charge receipts and accounts

 

The initial idea was to include a Home Condition Report, to reduce the cost burdens on buyers, but this was not implemented. Failure to provide a Home Information Pack, or supplying an incomplete pack carries a fine of £200 (€229).

Home Information Packs should cost between £300 (€343) to £600 (€686) for most properties in England and Wales. Some estate agents are offering HIPs for free, however the Law Society recommends you use independent HIP providers, to avoid being tied in or triggering penalty clauses.

If you are looking to buy property in Scotland these are the steps:

• hunt for the desired property

• hire a solicitor

• arrange the survey

• make the offer, if the offer is accepted you are then legally bound to complete the transfer. This ensures financial reimbursement should the seller or buyer suddenly back-out in the middle of a transaction. A buyer receives payment to cover for survey and valuation costs. The seller receives compensation for lost interest and other costs.

• go on with the conveyancing, if there no problems

• contracts are then signed

• money and deeds and keys are exchanged

 

 

Footnotes to Transaction Costs Table

 

The round trip transaction costs include all costs of buying and then re-selling a property – lawyers’ fees, notaries’ fees, registration fees, taxes, agents’ fees, etc.

Legal Fees:
Solicitors and conveyancers fees are based on the amount of time spent on the transaction. It is generally negotiable and varies a lot. Others charge a fixed amount while others charge a percentage of the sale price (around 0.5% to 1%).

Stamp Duty:
The buyer must complete, sign, and lodge a Land Transaction Return together with the Stamp Duty Land Tax (SDLT) within 30 days of completion. Some areas of the country are exempt from stamp duty. The Inland Revenue website (http://www.hmrc.gov.uk/so/buy-house.htm) has a list of stamp duty exempt areas.

STAMP DUTY ON RESIDENTIAL PROPERTIES

Stamp duty is determined as follows:

 

When you buy a property you have to pay stamp duty. But from tomorrow – 4th December 2014 – stamp duty is changing. It means that stamp duty will be cheaper for 98% of people who pay it.

Under the old rules, buyers paid tax at a single rate on the entire property price. Now you will only pay the rate of tax on the part of the property price within each tax band – like income tax.

To help you understand the changes more clearly, here are a few examples using properties for sale with Your Move:

PROPERTIES UNDER £125,000

Previously, there was no stamp duty charged on properties under £125,000. This remains unchanged.

EXAMPLE:

2 bed semi-detached
Tryst Road, Stenhousemuir, Larbert, FK5
Offers over £119,950

Old stamp duty: NOTHING
New stamp duty: NOTHING
 

PROPERTIES BETWEEN £125,001 & £250,000

Previously, buyers would pay stamp duty at 1% of the whole property price. Under the new rules, buyers don’t pay stamp duty on the first £125,000. Instead they pay 2% on the remainder of the property price.

EXAMPLE:

3 bed detached house
St Cuthbert’s Close, Prudhoe, NE42
£199,950

Old stamp duty: £1999.50
New stamp duty: £1499
Saving: £500.50

PROPERTIES BETWEEN £250,001 & £925,000

Previously, when buyers bought a home between £250,001 & £500,000 they would pay stamp duty at 3% of the whole property price. Under the new rules, buyers don’t pay stamp duty on the first £125,000; they pay 2% on the portion of the price between £125,001 and £250,000; then they pay 5% on the portion of the price over £250,001.

EXAMPLE 1:

3 bed detached house
West Shaw, Oxenhope, Keighley, BD22
£275,000

Old stamp duty: £8,250
New stamp duty: £3,750
Saving: £4,500

Previously, when buyers bought a home between £500,001 and £1million they would pay stamp duty at 4% of the whole property price. Under the new rules, buyers don’t pay stamp duty on the first £125,000; they pay 2% on the portion of the price between £125,001 and £250,000; then they pay 5% on the portion of the price over £250,001.

 

EXAMPLE 2:

3 bed terraced house
Broxholm Road, London, SE27
£519,950

Old stamp duty: £20,798
New stamp duty: £15,997
Saving: £4,801

PROPERTIES OVER £937,500

For properties over £937,500 Stamp Duty is unchanged, or will have increased.

Buying just got cheaper!

 

 

Real Estate Agent’s Fee: 
Real estate agent fees are generally negotiable. The commission is typically lower if there is only one estate agency involved. In cases of multiple agency agreement, where several estate agents compete to sell your house, agent´s fees are typically higher. VAT of 17.5% is imposed on agent´s commission.