What is conveyancing?
Conveyancing is the legal side of a property transaction that officially moves ownership from one person to another. It’s carried out by a Conveyancing Solicitor who will be a member of the Law Society of Scotland.
How much does conveyancing cost?
The cost of conveyancing covers a number of things such as Fees, Vat, Searches, Advance Notice costs, Registers of Scotland Charges, ADS and LBTT charges.
As a result, the cost of conveyancing can vary hugely depending on the transaction and the property.
Reallymoving data from February 2024 puts the average cost at £2,038. For First Time Buyers, it's £1,314.
To get a more accurate estimate, you can use our Moving Cost Calculator. Just make sure the location is set to ‘Scotland’ when you view your results.
How is conveyancing different in Scotland?
There are several aspects of the conveyancing process that are different in Scotland than they are in the rest of the UK.
Conveyancing in Scotland is often carried out by a solicitor estate agent who will handle the marketing of the property as well.
In Scotland it is a legal requirement for the seller to commission a Home Report. The Home Report is valid for a period of up to six months and at that point will require to be refreshed. Whereas in the rest of the UK it is at the buyer's discretion if they get a house report on the property they are looking to purchase.
Conveyancing when selling properties in Scotland
Solicitors play a more prominent role in selling homes in Scotland than they do in the rest of the UK. Many Scottish solicitors are also estate agents and will be responsible for:
Solicitors’ firms which are also estate agents are usually members of their Local Solicitors Property Centre .
Property centres have showrooms which advertise available properties from members. Estate agents do also operate in Scotland, but they have a lesser share of the market.
A solicitor will be the first point of contact for someone planning to sell. The Scottish contracts system is different from that in England. In Scotland, “exchange of contracts” is called “conclusion of missives” and normally occurs earlier in the transaction than England, thus binding both buyer and seller into the transaction at an earlier stage.
Conveyancing when buying properties in Scotland
You need a solicitor when buying a property in Scotland. It's worth getting a solicitor early in the process. Many solicitors work on a fixed fee basis so the timing rarely affects the cost. They’ll help you with many stages of the process, including:
- Setting up a mortgage: this will help you decide on a budget to work for
- Noting your interest: your solicitor will do this on your behalf when you find a property you want to make an offer on
- Making an offer: can be conditional or pending a survey (although this is unusual as the property’s Home Report will include a Single Survey)
- Formalising the agreement: after a conditional offer has been received by the seller, your solicitor will carry out a number of tasks such as preparing the final paperwork and organising the transfer of funds
Land and Buildings Transaction Tax
Land Buildings Transaction Tax (LBTT) is a key part of conveyancing in Scotland. LBTT is the Scottish equivalent to
Stamp Duty Land Tax (SDLT) in England and Northern Ireland, or
Land Transaction Tax in Wales.
LBTT falls into bands, depending on the value of the property. It will usually be paid by your solicitor on your behalf. There are two key differences between LBTT in Scotland and its equivalents in the rest of the UK:
- Rates: The rates and bands that LBTT is based on are slightly different in Scotland
- Payment method: LBTT is managed by Revenue Scotland with the help of Registers of Scotland (RoS). So, any payments would go through them and not the HMRC
Like with Stamp Duty and Land Transaction Tax, there are First Time Buyer exemptions for Stamp Duty/LBTT. From June 2018 First Time Buyers purchasing a home under the property price of £175,000 will not pay LBTT.
The current bands are as follows:
| Purchase price |
LBTT |
| Up to £145,000 |
0% |
| £145,001 to £250,000 |
2% |
| £250,001 to £325,000 |
5% |
| £325,001 to £75,000 |
10% |
| Over £750,000 |
12% |
There may also be different rates if you are buying a second home or a Buy to Let property. To read more, and to calculate your LBTT bill, visit our LBTT calculator.
In Scotland, if you already own a property in UK, and you are buying a further property or a share of a further property you will be liable for ADS. This is Additional Dwelling Supplement and is 6% of the value of the property. This is payable to HMRC in addition to the LBTT Tax.
In Scotland missives conclude earlier than in England and at this point there’s no chance of being gazumped or gazundered. If you have more questions about conveyancing in Scotland, you should ask your solicitor.
How to find a solicitor in Scotland
It is important to do your research when looking for a solicitor. Reading and comparing reviews for estate agents near you can help you find the solicitor that is right for your move.
If you haven’t got a solicitor yet, you can get quotes for solicitors with reallymoving.
Conveyancing in Scotland FAQs
Can you do your own conveyancing in Scotland?
Ideally, only a member of the Law Society of Scotland should carry out conveyancing of a property as conveyancing is a complex and time consuming process and mistakes could end up being very costly.
How long does conveyancing take in Scotland?
On average, it takes around 4-6 weeks for conveyancing in Scotland. This depends on the complexity of the transaction.