Types of Conveyancing Providers
In England and Wales, three types of legal professionals can handle your new build conveyancing.
| Provider | Qualification | Regulated By | Typical Firms | New Build Suitability |
|---|
| Solicitor | Law degree + LPC + 2-year training contract (or SQE route) | Solicitors Regulation Authority (SRA) | High street law firms, specialist conveyancing firms, national firms | Excellent — if they have specific new build experience |
| Licensed conveyancer | CLC conveyancing qualification — specialist property qualification | Council for Licensed Conveyancers (CLC) | Specialist conveyancing firms, online conveyancers | Excellent — dedicated property specialists. Many handle high volumes of new builds |
| Chartered Legal Executive (CILEx) | CILEx qualifications in property law | CILEx Regulation | Usually work within solicitor firms | Good — if authorised for conveyancing and experienced with new builds |
The type of qualification matters less than the individual's experience with new build transactions. A licensed conveyancer who handles 50 new build purchases a year will outperform a solicitor who handles 2.
CQS Accreditation Explained
The Conveyancing Quality Scheme (CQS) is a quality standard operated by the Law Society. It is one of the most important indicators of conveyancing competence.
What CQS Means
| Aspect | Detail |
|---|
| What it is | A quality mark awarded to conveyancing practices that meet the Law Society's standards for competence, client service, and risk management |
| How it is awarded | Firms must apply and demonstrate they meet defined standards. Annual renewal requires ongoing compliance |
| What it covers | Client care, file management, anti-money-laundering compliance, professional indemnity insurance, staff training, complaints handling |
| Why it matters for you | Many mortgage lenders require their panel solicitors to hold CQS accreditation. If your solicitor is not CQS accredited, your lender may not accept them |
| How to check | Search the Law Society's CQS directory online. The firm's CQS status should be current, not lapsed |
CQS and Lender Panels
| Lender Type | CQS Requirement |
|---|
| Major high street lenders | Most require CQS or equivalent. Check with your specific lender |
| Building societies | Many require CQS. Some have their own panel requirements |
| Specialist lenders | Requirements vary. Some are more flexible, others more restrictive |
| Cash purchases | CQS is not required for cash purchases but remains a useful quality indicator |
Developer Panel vs Independent Solicitor
This is one of the most important decisions you will make. The developer will almost certainly recommend a solicitor — should you use them?
Comparison
| Factor | Developer Panel Solicitor | Independent Solicitor |
|---|
| How you find them | Developer recommends them at the sales office | You research and choose them yourself |
| Cost | Often slightly cheaper — may be subsidised by the developer or offer discounted fees to win referrals | Standard market rates. May be £200–£500 more |
| Speed | Generally faster — familiar with the developer's contracts and processes | May be slightly slower initially but more thorough |
| Contract scrutiny | Less likely to challenge the developer's contract aggressively — depends on the developer for future business | No relationship with the developer — will review and challenge the contract purely in your interests |
| Communication | Variable — some panel firms handle high volumes with less personal attention | Variable — depends on the firm. Independent does not automatically mean better service |
| Conflict of interest | Potential conflict between your interests and maintaining the developer relationship | No conflict — works exclusively for you |
| Familiarity with the development | May have acted on other plots on the same development — already familiar with title issues, planning, and management | Starts fresh — but this means a thorough independent review rather than assumptions based on previous plots |
| Lender panel membership | Usually on major lender panels (developers ensure this) | Must check they are on your specific lender's panel |
Recommendation
For most buyers, an independent solicitor with new build experience is the safer choice. The potential cost saving of a panel solicitor (£200–£500) is small relative to the purchase price and the risks of inadequate scrutiny. If you do choose the developer's recommended solicitor, verify they will review and challenge the contract on your behalf — not just rubber-stamp it.
Fee Structures Compared
Understanding how solicitors charge ensures you compare quotes fairly and avoid unexpected bills.
Fee Types
| Fee Type | How It Works | Pros | Cons |
|---|
| Fixed fee | Agreed total cost for the conveyancing work, regardless of how long it takes | Certainty — you know the total cost upfront. No surprises | If the transaction is complex, the firm may cut corners to stay within budget |
| Hourly rate | Charged per hour of work. Typically £150–£350/hour depending on location and seniority | You pay for the work actually done. Complex matters get the time they need | No cost certainty. Bills can escalate, especially with delays or complications |
| No sale, no fee | You only pay if the transaction completes. If it falls through, you pay nothing (or a reduced amount) | Lower risk if the purchase does not proceed | Firms absorb failed transaction costs across all clients — so the base fee is higher. May also incentivise the firm to push for completion even when you should withdraw |
| Percentage of purchase price | Fee is a percentage of the property price (e.g., 0.5%). Uncommon for residential conveyancing | Simple to calculate | A more expensive property does not necessarily mean more legal work. You may overpay |
What Should Be Included in a Quote
| Item | Should Be in the Quote | Watch Out For |
|---|
| Basic conveyancing fee | Yes — the core fee for the conveyancing work | Check whether this includes the new build supplement or whether that is extra |
| New build supplement | Should be stated separately or included in the basic fee | Some firms charge £150–£350 extra for new builds. Check this is in the quote, not added later |
| Leasehold supplement | Should be stated if your property is leasehold | £200–£400 extra. If you are buying a flat, this will apply |
| VAT | All fees should state whether they include or exclude VAT (20%) | A quote of £1,000 + VAT is actually £1,200. Always compare VAT-inclusive figures |
| Disbursements | Should be listed — searches, Land Registry fees, bank transfer fees | Disbursements are third-party costs that the solicitor pays on your behalf. They are not the solicitor's profit. Typical total: £300–£600 |
| Bank transfer fees (CHAPS) | Should be stated — typically £30–£50 per transfer | Usually 2–3 transfers needed (deposit, completion, SDLT payment). Some firms charge per transfer, others include all transfers |
| ID verification | Should be stated — £5–£20 per person | Joint purchases (two buyers) pay twice |
| Stamp Duty filing | Should be included in the basic fee or stated separately | Some firms charge £50–£100 extra for SDLT filing. This should be included |
Typical Total Costs
| Property Type | Solicitor Fee (inc. VAT) | Disbursements | Total |
|---|
| New build freehold house | £1,200–£2,200 | £300–£550 | £1,500–£2,750 |
| New build leasehold flat | £1,500–£2,800 | £350–£600 | £1,850–£3,400 |
| New build shared ownership | £1,600–£3,000 | £350–£600 | £1,950–£3,600 |
| New build off-plan (any type) | Add £100–£300 for extended monitoring | Same | Add £100–£300 to above |
Essential Questions to Ask Before Instructing
These questions help you assess whether a solicitor is right for your new build purchase.
Experience Questions
| Question | Good Answer | Red Flag |
|---|
| How many new build purchases do you handle per year? | 20+ per year indicates regular experience | 'A few' or inability to give a number suggests limited experience |
| Have you handled purchases from this specific developer before? | If yes, they know the developer's standard contract and common issues. If no, that is fine — they will review fresh | If they say they handle all of the developer's transactions, consider the conflict of interest |
| Who will handle my file day-to-day? | A named solicitor or licensed conveyancer with relevant experience | 'It depends on who is available' or 'our team handles it collectively' — you want a named contact |
| What is your experience with leasehold/shared ownership? | If your purchase is leasehold or shared ownership, specific experience is important | Hesitation or vague answers suggest limited experience with these more complex purchases |
Service Questions
| Question | Good Answer | Red Flag |
|---|
| What is your average response time? | Same working day for emails, 24 hours for complex queries | 'We try to respond within a week' is too slow for conveyancing where deadlines matter |
| Do you provide online case tracking? | Many modern firms offer portals where you can see your case progress | Not essential but useful. Lack of tracking means you rely entirely on the solicitor for updates |
| Will you review and challenge the developer's contract? | 'Yes, we review every clause and will raise concerns and attempt amendments where appropriate' | 'Developer contracts are standard and don't change' — this suggests a rubber-stamping approach |
| How do you handle completion at short notice? | 'We prepare for completion in advance so we can act quickly when the developer gives notice' | 'We need at least 4 weeks' notice' — if your contract only gives 10 days, this firm may not be able to meet the deadline |
Fee Questions
| Question | Good Answer | Red Flag |
|---|
| Can you provide a full written quote including all fees and disbursements? | Yes — a detailed breakdown with VAT and all anticipated disbursements | Vague estimates, verbal-only quotes, or 'we will let you know as we go along' |
| Are there any circumstances where the fee could increase? | Honest disclosure — 'if the transaction involves unexpected complexity, we would discuss additional costs with you first' | 'No, the fee is fixed no matter what' combined with a suspiciously low quote may mean corners will be cut |
| What happens to fees if the purchase falls through? | Clear policy — some firms charge nothing, others charge for work done, others charge a reduced 'abortive' fee | No clear policy or refusal to discuss it |
| Do you charge separately for the new build supplement? | Either included in the quote or clearly stated as an additional amount | Not mentioned and then added to the final bill |
Red Flags When Choosing a Solicitor
| Red Flag | Why It Is Concerning | What to Do |
|---|
| Significantly cheaper than competitors | If a quote is £500+ below other quotes, the firm may be cutting corners, employing junior staff, or planning to add charges later | Ask what is included. Compare like-for-like. The cheapest option is rarely the best for a new build purchase |
| No named contact for your file | Your case may be passed between staff with no one taking ownership. Important details can be missed in handovers | Insist on knowing who will handle your file and ask for their direct contact details |
| Slow initial response | If they take days to respond to your initial enquiry, expect similar (or worse) during the transaction when time-critical actions are needed | Move on. Response time during the enquiry stage is the best indicator of service quality |
| Cannot confirm lender panel membership | If the solicitor is not on your lender's panel, they cannot act on the lender's behalf and you will need a second solicitor — adding cost and complication | Confirm panel membership with your specific lender before instructing. Provide your lender's name when getting quotes |
| No CQS accreditation (if required by your lender) | Many lenders require CQS. Without it, you may need to find another solicitor mid-transaction | Check CQS status on the Law Society website. Confirm with your lender whether they require it |
| Pushes you to exchange without thorough review | A solicitor who rushes you to exchange may be prioritising speed over protection | Your solicitor should never pressure you to exchange before they have completed their due diligence and you are comfortable |
| Dismisses your concerns | If you raise questions and the solicitor dismisses them as 'nothing to worry about' without explanation, they may not be taking your interests seriously | A good solicitor explains why something is or is not a concern. Dismissal without explanation is unprofessional |
| Poor online reviews mentioning communication | Consistent complaints about lack of communication, missed deadlines, or difficulty reaching the solicitor indicate systemic problems | Check Google reviews, Trustpilot, and the SRA/CLC websites for disciplinary actions. A few negative reviews are normal; a pattern is a warning |
Online vs High Street Solicitors
| Factor | Online / Remote | High Street / Local |
|---|
| Cost | Often cheaper due to lower overheads | Usually slightly more expensive |
| Communication | Email, phone, video calls. Some offer online portals | Face-to-face meetings available. Phone and email also |
| Convenience | Can instruct from anywhere. No need to travel | Local presence. Can visit the office to sign documents or discuss concerns in person |
| Availability | Some offer extended hours or weekend availability | Usually standard office hours (9am–5pm weekdays) |
| Local knowledge | May not be familiar with your specific area or council | Familiar with local planning, local authority search quirks, and area-specific issues |
| Volume | High-volume firms may process transactions efficiently but with less personal attention | Lower volume may mean more personal attention but potentially slower |
| Quality | Varies widely — excellent online firms exist alongside poor ones | Varies widely — the same range of quality as online |
Location matters less than quality and experience. A good online solicitor 200 miles away is better than a poor local solicitor. The key factors remain: new build experience, CQS accreditation (if required), lender panel membership, and communication quality.
The Lender Panel Requirement
If you are buying with a mortgage, your solicitor must be on your lender's panel to act on both your and the lender's behalf.
How Panels Work
| Aspect | Detail |
|---|
| What it means | The lender has approved the solicitor to act on their behalf in mortgage transactions. The solicitor certifies the property meets the lender's requirements |
| Why it matters | If your solicitor is not on the panel, the lender will appoint a separate solicitor to act for them. You pay for both solicitors — doubling your costs |
| How to check | Ask the solicitor when you get a quote. Give them your lender's name and ask them to confirm they are on the panel. Most large firms are on all major lender panels |
| What if they are not on the panel? | Either choose a different solicitor who is, or accept the cost of two solicitors (not recommended for cost reasons) |
| Changing lender mid-transaction | If you switch mortgage lender during the process, check your solicitor is on the new lender's panel. If not, you may need to change solicitor too |
How to Switch Solicitors Mid-Transaction
Sometimes you need to change solicitors — poor communication, missed deadlines, or loss of confidence. While switching mid-transaction is disruptive, it is possible and sometimes necessary.
Step-by-Step Process
| Step | Action | Notes |
|---|
| 1. Instruct new solicitor first | Find and instruct your new solicitor before formally leaving the old one. Confirm they are on your lender's panel and can take over | Do not leave yourself without legal representation during the transition |
| 2. Notify old solicitor in writing | Send a letter or email confirming you are withdrawing instructions and requesting a file transfer to your new solicitor | Provide the new solicitor's name, address, and reference number |
| 3. File transfer | Old solicitor must transfer the file (all documents, search results, correspondence) to the new solicitor | Under SRA rules, a solicitor cannot hold your file hostage. They must transfer it on request, subject to any lien for unpaid fees |
| 4. Pay any outstanding fees | You may owe fees for work already done by the old solicitor | If on a fixed fee with a 'no completion, no fee' arrangement, check whether any fees are due. If on hourly rates, expect a bill for time spent |
| 5. New solicitor reviews the file | Your new solicitor reviews everything done so far and picks up from where the old solicitor left off | They may need to re-do some work if they are not satisfied with the quality. Search results can usually be transferred |
| 6. Notify the developer's solicitor | Your new solicitor contacts the developer's solicitor to take over the transaction | The developer's solicitor deals with whoever you instruct — they cannot refuse to work with your new solicitor |
| 7. Notify your lender | Your new solicitor contacts your lender to take over as the lender's representative | Must be on the lender's panel. Lender may need to re-issue the mortgage offer addressed to the new solicitor |
Costs and Delays
| Impact | Typical Amount |
|---|
| Old solicitor's fees for work done | £200–£800 depending on how far into the process you are |
| New solicitor's full fee | Their standard quote — you pay in full for a new instruction |
| Delay to transaction | 2–4 weeks for file transfer and review |
| Search re-use | Most search results can be transferred and re-used if still within their validity period (typically 6 months) |
When switching is worth it: If your solicitor is unresponsive, missing deadlines, or you have lost confidence in their ability to protect your interests, switching is better than proceeding with inadequate representation. The cost of switching (£400–£1,200 extra) is small compared to the cost of a botched conveyancing transaction.
Working Effectively with Your Solicitor
| Your Responsibility | Detail |
|---|
| Provide documents promptly | ID, proof of address, proof of funds, mortgage details — send these within 24–48 hours of request. Every day of delay on your side is a day added to the process |
| Read their report | Your solicitor's report is the most important document you receive before exchange. Read every page. This is where they explain what they have found and flag risks |
| Ask questions | If anything is unclear, ask. No question is too basic. A good solicitor explains complex legal concepts in plain English |
| Respond to queries promptly | When your solicitor asks you a question or needs a decision, respond quickly. Delays compound — a 3-day delay on your response can cause a 2-week delay in the process |
| Keep them informed | Tell your solicitor about any changes — new mortgage offer, change of circumstances, issues raised by the developer, anything agreed with the sales office |
| Do not bypass them | Do not agree to contract changes, incentive modifications, or completion date adjustments directly with the developer or sales office. Everything should go through your solicitor |
| Be patient with searches | Local authority searches can take 1–6 weeks depending on the council. Your solicitor cannot speed this up — it is entirely in the council's hands |
| Provide clear instructions | When asked to make a decision (e.g., proceed with a risk, accept a clause, fund a shortfall), give clear, written instructions |
When Things Go Wrong — Complaints and Remedies
Internal Complaints
| Step | Action |
|---|
| 1. Raise with your solicitor directly | Put your complaint in writing (email or letter). Explain what went wrong and what outcome you want |
| 2. Ask for their complaints procedure | All regulated firms must have a written complaints procedure. They must provide it on request |
| 3. Escalate to a senior partner | If your day-to-day contact cannot resolve the issue, escalate to a partner or complaints handler within the firm |
| 4. Allow time for response | The firm has 8 weeks to respond to your complaint under SRA and CLC rules |
External Complaints
| Body | When to Contact | What They Can Do |
|---|
| Legal Ombudsman | If the firm has not resolved your complaint within 8 weeks, or you are unhappy with their response. Must complain within 1 year of the issue | Investigate complaints about service quality. Can order the firm to refund fees, pay compensation (up to £50,000), or take other action |
| Solicitors Regulation Authority (SRA) | For serious misconduct — dishonesty, misuse of client funds, discrimination, failure to act in your interests | Investigate and discipline solicitors. Can issue fines, conditions, or strike the solicitor off the register |
| Council for Licensed Conveyancers (CLC) | Same as SRA but for licensed conveyancers | Same powers as SRA for their regulated professionals |
Professional Negligence Claims
| Aspect | Detail |
|---|
| What it is | A legal claim against your solicitor for financial loss caused by their failure to meet professional standards |
| Examples | Failed to identify a title defect, missed a search issue that caused you loss, failed to check the warranty was acceptable to your lender, miscalculated stamp duty |
| Time limit | Generally 6 years from the date of the negligent act (not from when you discovered the problem) |
| How it works | You make a claim against the solicitor's professional indemnity insurance. All regulated solicitors must carry this insurance |
| What you need to prove | The solicitor owed you a duty of care, they breached that duty, and you suffered a financial loss as a result |
| Cost | Pursuing a negligence claim requires specialist legal advice. Some solicitors offer no-win-no-fee arrangements for strong claims. Costs can be £5,000–£50,000+ depending on complexity |
Checklist: Choosing Your Solicitor
| Item | Done? |
|---|
| Get quotes from at least 3 firms | ☐ |
| Confirm they have new build conveyancing experience (20+ transactions/year ideal) | ☐ |
| Check CQS accreditation on Law Society website | ☐ |
| Confirm they are on your mortgage lender's panel | ☐ |
| Get a full written quote with all fees and disbursements (VAT inclusive) | ☐ |
| Ask who will handle your file (named individual) | ☐ |
| Ask about their response times and communication approach | ☐ |
| Confirm they will review and challenge the developer's contract | ☐ |
| Check online reviews for communication quality | ☐ |
| Ask about their complaints procedure | ☐ |
| Understand their policy if the purchase falls through | ☐ |
| Confirm they can handle your specific purchase type (leasehold/shared ownership if applicable) | ☐ |
Frequently Asked Questions
Should I choose the cheapest solicitor?
No. Conveyancing fees for new builds typically range from £1,200–£3,000. The difference between the cheapest and a mid-range specialist might be £300–£500. For a purchase worth £200,000–£500,000, saving £300 on legal fees while getting less thorough scrutiny is a false economy. Compare value, not just price — experience, communication quality, and thoroughness matter more than the cheapest quote.
Does it matter if my solicitor is local?
Not significantly. Conveyancing is largely done remotely — searches are ordered online, communication is by email and phone, and documents can be signed electronically or posted. Local knowledge can be helpful for understanding specific council search quirks, but a good new build solicitor anywhere in England and Wales can handle your purchase effectively. Choose quality over proximity.
Can I switch solicitors after exchanging contracts?
Yes, but it is more disruptive and urgent post-exchange because you are legally committed with a completion deadline. The process is the same — instruct a new solicitor, transfer the file, notify the developer's solicitor and lender. Do it immediately if you have serious concerns about your solicitor's competence, as post-exchange errors can be extremely costly.
What if my solicitor and mortgage broker recommend different firms?
Your mortgage broker may recommend a solicitor because of a referral fee arrangement — they receive a commission for the referral. This is legal but must be disclosed. The same potential conflict exists as with developer panel solicitors. Consider the recommendation but make your own independent choice based on the criteria in this guide.
Do I need a different solicitor for Scotland?
Yes. Scottish property law is different from English law. You need a Scottish solicitor for purchases in Scotland. The conveyancing process, contract system (missives), and land registration (Registers of Scotland) are all different. This guide covers England and Wales — Scottish buyers should seek a solicitor experienced in Scottish new build conveyancing.
What is the difference between a solicitor and a conveyancer?
A solicitor is a fully qualified lawyer who can handle all legal matters, including conveyancing. A licensed conveyancer is a specialist property lawyer who only handles conveyancing. Both are regulated and insured. For new build conveyancing, either can be excellent — the key is new build experience. Licensed conveyancers who specialise in new builds may actually have more relevant experience than a general practice solicitor who handles conveyancing occasionally.
