Updated: October 12, 2018

Swadlincote conveyancing solicitor fees and costs

No Move, No Fee conveyancing in Swadlincote

Conveyancing solicitor fees are what you pay to conveyancing solicitors in Swadlincote for carrying out the legal work for a property transaction.

Do Swadlincote conveyancing solicitors work on a fixed fee basis?

Our conveyancing solicitors work on fixed legal fees (known as 'No Sale, No Fee' or 'No Move, No Fee') with no hidden costs, unlike some other conveyancing solicitors in Swadlincote who carry out the legal work on an hourly-rate basis. Your conveyancing quote sets out what you will be charged when your sale or purchase completes.

Are there any other costs?

In addition to the legal fees you will also have to pay for 'disbursements'.

Disbursements are fees, costs or taxes that your property solicitor will have to pay to third parties on behalf of their client, such as TT fees or Stamp Duty Land Tax.

See: Complete list of conveyancing fees and disbursements

How much will conveyancing in Swadlincote cost in total?

Although conveyancing fees in Swadlincote will be the same as anywhere else in the UK, the disbursements required can vary. As examples, additional region-specific searches, such as a mining search, may be needed and Local Authority (LA) Search fees will vary.

For standard conveyancing transactions, the conveyancing fee we quote is the fee you pay. There are no hidden fees or costs to be paid with Quittance Conveyancing. Calculate the conveyancing fees for your move, with our conveyancing fees calculator: Click here

Quittance's conveyancing fees were considerably cheaper than the Estate Agent's recommended solicitor's fees

Conveyancing - Buying a property in Swadlincote

Caveat emptor (buyer beware), was the legal principle of property law in England and Wales. The 2008 Consumer Protection Against Unfair Trading Regulations (CPRs) have effectively abolished this rule, however, and a purchaser must still carry out due diligence on a planned purchase.

A conveyancing solicitor in Swadlincote will offer professional advice once their enquiries are complete, offer pragmatic solutions and ensure that the change of ownership is registered at the Land Registry.

The following discusses the types of residential property that carry additional risk for people who want conveyancing solicitors in Swadlincote for a purchase.

Your Swadlincote conveyancing solicitor must be lender-approved

Before instructing a Swadlincote conveyancing solicitor, you need to check that they can represent your chosen lender, whether you are obtaining a mortgage from Paratus AMC, Halifax or any other lender.

Some banks and building societies will only work with a select list (referred to as a 'panel') of legal firms. If a conveyancer can't act for your chosen lender, the lender will probably need an alternative legal firm to complete the legal work.

The home buyer will be expected to pay this alternate solicitor's costs and significant delays to your move could occur.

Failing to confirm the lender panel membership of your conveyancer can frustrate the process.

Our conveyancing solicitors can perform the conveyancing for all lenders.

Residential Property Searches (South Derbyshire Council)

Searches are enquiries made of various authorities by Swadlincote conveyancing solicitors to highlight issues affecting your planned purchase.

These searches include the local authority (LA) search, drainage & water search, environmental search and chancel repair liability.

Homebuyers will be made aware if your chosen lender insists on any more searches, such as a more detailed flood report or a mining search.

South Derbyshire Council has an approximate lead time of 19 weeks for Local Authority searches. Personal searches (as opposed to official LA searches) will therefore delivered sooner.

Checking planning status

Official Entries will also be applied for from HMLR by the conveyancing solicitor acting for the homebuyer, helping to evidence any issues, such as that a restrictive covenant has been breached or discrepancies between the property boundaries and the title plan.

South Derbyshire Council Tax

As a homeowner in Swadlincote, the applicable rate of council tax will vary depending on the value of the home (as assessed in 1991) and the number of people living in it. The occupier of a property in Band E, for example, would owe annual council tax of £2,105.

A conveyancing solicitor in Swadlincote will inform the buyer of the property's band once they have the Local Authority search results.

If the property is unoccupied for 2 years or more, an additional premium of 50% may be applied to the council tax. Single person discount reduces the tax due to 75% which would equal £1,579.

Other discounts and exemptions could also apply, for example if the property is a second home then a 10% discount will be applied or where an occupation is prohibited by law such as a compulsory purchase order. A new home is assessed by the Valuation Office Agency and allocated a band.

Band South Derbyshire Tax (2018)
A £1,148
B £1,340
C £1,531
D £1,722
E £2,105
F £2,488
G £2,871
H £3,445

Is it possible to appeal?

To appeal contact:

Valuation Office Agency
Enkalon House
86-92 Regent Rd
Leicester
LE1 7DD
Leicestershire

In the 2016/17 financial year, 10 council tax challenges were made. 0 were upheld and the tax was reduced.

Stamp Duty on Swadlincote properties

Given the complexity of the SDLT1 tax return form, only the fearless would attempt to complete and file this with Her Majesty's Revenue and Customs (HMRC) without a conveyancing solicitor's help.

Stamp duty is a tax payable on all UK properties where the purchase price exceeds £125,000 (£145,000 in Scotland).

Our post-completion conveyancing team use case management system to ensure the SDLT1 tax return is submitted to Her Majesty's Revenue and Customs (HMRC) as quickly as possible.

This table sets out Stamp Duty Land Tax for typical property in Swadlincote:

  Average selling price (2017) SDLT
Average price £198,991 £1,479.82
Average price (detached) £255,448 £2,772.40
Average new build £230,242 £2,104.84

Stamp duty relief for first-time buyers in Swadlincote

Since the budget announcement in 11/17, if you are a first-time buyer, you only pay stamp duty on property valued at over £300,000. Following the recent budget statement, second home buyers must pay a 3% surcharge. So if a second property was bought for £198,991 then the SDLT total will be £9,949.55.

Conveyancing solicitors in Swadlincote will ensure their client pays the correct amount.

Buying a flat? Leasehold conveyancing in Swadlincote

New build site

The potential risks associated with purchasing a leasehold house or flat in the UK are increasingly coming to light. Numerous technical issues may be awaiting an uninformed purchaser, including:

  • costly and undisclosed major works
  • unfair developer practices
  • excessive freehold premiums
  • increasing ground rents
Poor leasehold guidance, from an inexperienced property lawyer, could have costly, long-term consequences.

If you are planning to purchase a leasehold property, a good conveyancing solicitor in Swadlincote will address aspects of leasehold, e.g. understanding regional and era-specific nuances of leases, managing agent practices and annual statements of account and budgets for service charges.

Quittance Conveyancing's team of leasehold conveyancing solicitors will ensure that you are fully-informed regarding your decision to buy a leasehold property.

Buying a 'New Build' property in Swadlincote?

New build building site

According to Land Registry data, the average price for new build homes in Swadlincote is £264,991. 6 new build properties have been bought in Swadlincote in 2018 so far.

A new-build conveyancing solicitor in Swadlincote will need to be familiar with both local factors and the extra complexities of new build, including handling equity loan schemes, ensuring that the contract is in the buyer's favour and checking new build warranties with warranty providers such as NHBC Buildmark, LABC Warranty and Protek.

Quittance Conveyancing deliver a specialist assessment of the property's legal status, with close attention paid to factors like problematic leasehold terms and possible freehold acquisition traps.

Conservation areas in Derbyshire

When acting for the buyer of a home in Swadlincote, a conveyancing solicitor will confirm whether the residential property is in a conservation area in Swadlincote. If it is, the home will be affected by certain building controls. Referred to as Article 4 directions, these building controls may include a wide range of constraints from general restrictions governing the use of non-traditional materials, to restrictions preventing the addition of frontal sloping rooflights.

If a property is in breach, the local planning authority can instruct the owner to 'undo' the recent changes, even if the changes were made by the previous owner.

The South Derbyshire local planning authority has assigned conservation area-status to parts of Swadlincote. Your conveyancing solicitor will confirm whether the property you are buying is located in one of Swadlincote's conservation areas.

Conveyancing - Selling a property in Swadlincote

The conveyancing process on a sale of a home is less difficult than for a purchase. For a house purchase, the responsibility lies entirely with the buyer to ensure that the legal title of the property is not legally defective.

When selling, conveyancing solicitors in Swadlincote acting for the person selling just answer the buyer's solicitor's formal enquiries.

How to give yourself the best chances of success

Properties will often come with any number of challenges (for example having a flying freehold) that can slow or frustrate your home move.

Property specialists almost always advise that vendors tackle these issues head on.

Further reading:

Read more conveyancing advice for sellers.

Leasehold conveyancing for a sale

The conveyancing process for a leasehold flat is much more difficult than for a more straightforward freehold house.

Conveyancing solicitors in Swadlincote must usually carry out further legal work, which could include getting an up-to-date service charge statement, through to details of any breach of the terms of the lease.

To help mitigate the delays involved in selling a leasehold property, it is strongly advised that the vendor contact a lawyer as soon as possible.

Can your conveyancing solicitors act for both the buyer and the seller in one transaction?

A CLC-regulated conveyancer can act for both the buyer and the seller. However, Solicitors Regulation Authority rules prevent the same solicitor from acting on both sides in a property sale.

If you are buying or selling a Swadlincote property, and one of our conveyancing solicitors is carrying out the legal work for the other side, you may wish to contact a property solicitor firm in Swadlincote to carry out your conveyancing.

Local Swadlincote conveyancing solicitor directory

  • Timms, Empire Buildings, 23 West Street, Swadlincote, Derbyshire, DE11 9DG
  • Smiths (Solicitors) LLP, 22 High Street, Swadlincote, Derbyshire, DE11 8HY

Conveyancing - Remortgaging a property in Swadlincote

The most common reason homeowners remortgage their home is to reduce the monthly repayments. Other reasons to remortgage include wanting to overpay when the lender refuses, or releasing equity.

A good conveyancing solicitor in Swadlincote can reduce the remortgage processing time, and move you to the better rate sooner. With the base rate set at 0.5% (May 2018) and rate rises hard to predict, fast conveyancing can play a key role in getting on to the rate you want.

So that they can make sure that the lender's capital is protected, the property lawyer will act for both you and your new lender.

Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.

Read more about this Quittance Legal Expert

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