Sometimes, land and buildings are subject to ‘restrictive covenants’, which restrict what a homeowner or landowner can and cannot do. 

What is a restrictive covenant on a property? 

A restrictive covenant is a legally binding clause written into the title deeds of a property that limits what can or cannot be done at the property. 

Some examples of restrictive covenants are:- 

• Building restrictions. No more than one dwelling may be built on the land.  

• Use restrictions. A house may not be converted into flats or a property may not be used for commercial purposes. 

• Alteration restrictions. Certain alterations may not be made at all and others only with the consent of another party. 

• Parking restrictions. Caravans or commercial vehicles may not be parked at the property.  

• Animal restrictions. A limit is placed on the number or type of animals that may be kept at the property. 

• Maintenance restrictions. The owner is required to undertake certain exterior maintenance such as mowing the lawn or keeping the fences in repair.  

Do all properties have restrictive covenants? 

Not all properties are subject to restrictive covenants although they can apply to freehold as well as leasehold properties.  

New builds, multi-dwelling residential properties, housing estates and ex-local authority homes are most likely to have restrictive covenants attached to them, but they can be associated with older properties as well. 

Restrictive covenants are often imposed by developers in order to maintain community standards and to preserve the nature and character of a particular development or estate.  

They are also common in a property sale where the seller is retaining some adjoining land in order to ensure that no substantial alterations are carried out which might negatively impact the seller’s retained land. 

How long do restrictive covenants last? 

Many covenants ‘run with the land’, which means that they are passed down from one owner to a subsequent owner. 

How do I know if a property has restrictive covenants? 

Details of a property’s restrictive covenants are found in the title deeds and they should be discovered during the searches a solicitor normally carries out as part of a property purchase. 

If you are unsure whether your property has any restrictive covenants attached to it, you should check with a solicitor. A specialist property lawyer can help identify any restrictive covenants and establish whether they are still enforceable. 

Similarly, if you wish to remove or change a restrictive covenant that is registered against your property, an experienced property lawyer can advise you whether this is possible and if so, the best way to go about having it removed. 

London has the highest number of property restrictive covenants in England and Wales, according to the most recent data from HM Land Registry, with figures showing that there were 42,000 restrictive covenants in place on properties across the capital in August 2021, equating to almost one restrictive covenant for every 90 properties. 

If you need legal advice on restrictive covenants, speak to Beverley Morris & Co. Solicitors. From our offices in Blackheath, we help individuals, families and businesses across London and the surrounding areas with property law matters. 

For more information or to speak to our Residential Conveyancing team, call 020 8852 4433 or email enquiries@beverleymorris.co.uk.  

What happens if you breach a covenant?  

If you breach a restrictive covenant, you should seek immediate legal advice. Breaching a covenant leaves you open to potential legal action from another party and you might have to undertake remedial works or pay compensation and legal costs to the party who has been affected. 

Restrictive Covenants Blackheath 

Restrictive covenants in areas like Blackheath can be diverse and are often found on private estates or in developments where a landowner wishes to control how the property is used. 

One of the most high-profile examples of restrictive covenants in Blackheath can be found in the case of Blackheath Cator Estate.  

In this instance, a property within the Blackheath Cator Estate was subject to a covenant restricting the use of the land to a sports ground or for building detached houses for private residences. 

When a developer sought to modify this covenant to build terraced houses and apartments as well as detached houses, they faced objections. 

When the case was heard, the tribunal agreed that the sports ground restriction was obsolete and the restriction on building detached houses was successfully modified to allow for other forms of development.   

Property Solicitors Blackheath 

If you have any questions about restrictive covenants, please contact Beverley Morris & Co. Solicitors.  

Based in Blackheath, we can advise property owners on the strength and substance of any restrictive covenants contained in their title deeds. Alternatively, we can assist clients who are facing a potential breach of covenant claim.  

Our experienced property lawyers can also advise developers on the restrictive covenants usually contained in the grant of a new lease. 

For more information about our residential property legal service, click here.   

Or to speak to our Residential Conveyancing team, call 020 8852 4433 or email enquiries@beverleymorris.co.uk.  

The post What Are Restrictive Covenants? appeared first on Beverley Morris.

On average, people in the UK move home eight times during their lifetime, with August being the most popular month of the year for moving house.  

According to the latest figures, there were 309,000 UK house moves in 2023 and 61% of households say that they find moving house stressful. 

However, knowing what to expect from the conveyancing process can help a property sale or purchase run smoothly. 

With this in mind, in this blog our Residential Conveyancers consider the stages involved in buying a home.  

Stage one: Find your dream property. 

The first stage in buying your dream home is finding it. If you are buying with the help of a mortgage, it is often worth getting a mortgage in principle in place with your preferred provider before you start your search. 

An agreement in principle provides a clear indication of how much you can borrow and makes any offer you make on a property more credible. 

Stage two: Instruct a conveyancing solicitor. 

Once you have had an offer accepted on a property, the next step is to instruct an experienced residential property solicitor to handle the legal side of the transaction and guide you through the conveyancing process.  

At Beverley Morris & Co. Solicitors, our dedicated team of conveyancing solicitors is very experienced in helping a wide range of people complete their dream move. 

Our residential conveyancers are based in Blackheath, South East London, and help people in the local area and across the wider UK with property sales and purchases. 

Whether you are buying a property for the first time, moving house or are an experienced property developer, we will provide a personalised service designed to fit your needs and will support you every step of the way. 

To speak to our Residential Conveyancing team today, call 020 8852 4433 or email enquiries@beverleymorris.co.uk. 

Stage three: Pre-contract matters. 

Your conveyancer will then conduct initial checks and searches on the property you wish to buy.  

These include examining the title deeds and assessing whether there are any restrictions on a property, including those relating to planning permissions, building regulations and environmental factors. 

At this stage, it is also recommended to arrange a survey on the property. A property survey alerts a buyer to any potential defects or risks to the structural integrity of a building. 

If anything is highlighted as an issue in a survey, it can be used to help a buyer renegotiate the purchase price. 

The seller’s solicitor will prepare a contract of sale outlining the terms and conditions relating to the property transfer and provide the relevant documentation. 

Your conveyancer will review this, raise any queries with the seller’s conveyancer and obtain a copy of your mortgage offer. 

The seller and their solicitor will then answer the raised enquiries and return these to your conveyancer, who will also check all the necessary paperwork. 

Stage four: Exchange of contracts. 

Once all enquiries have been resolved to everyone’s satisfaction and all parties are happy with the terms, the buyer pays a deposit (usually 10% of the purchase price) in preparation for exchange. 

A completion date is agreed, and the buyer and seller exchange signed contracts, making the sale legally binding.  

Your conveyancer will then prepare for completion by drafting the transfer deed and completion information form, which are sent to the seller’s conveyancer. 

Stage five: Completion. 

On completion day, the buyer transfers the remaining purchase funds and receives the keys to the property. 

Your conveyancer will then handle the payment of any stamp duty and register the change of ownership with the Land Registry .  

Conveyancers Blackheath  

Buying a new home is exciting but, for a property sale or purchase to go smoothly, it is crucial that you enlist the help of an experienced residential conveyancer.  

At Beverley Morris & Co. Solicitors, we offer a range of residential property services for individuals and businesses and provide clear, sensible, and cost-effective legal advice on every aspect of the conveyancing process. 

Beverley Morris & Co.’s conveyancing specialists are accredited under the Law Society’s Conveyancing Quality Scheme, so you can rest assured you have direct access to specialist help. 

For more information about our conveyancing legal service in Blackheath, click here.  

Or to speak to our Residential Conveyancing team, call 020 8852 4433 or email enquiries@beverleymorris.co.uk.  

The post What Are the Stages Involved in Conveyancing? appeared first on Beverley Morris.

However, despite belief that the Act would introduce significant changes to leasehold ownership in England and Wales, progress has stalled. 

In this blog, our specialist Lease Extension Solicitors round up the latest developments on leasehold reform. 

What is the Leasehold and Freehold Reform Act 2024? 

The Leasehold and Freehold Reform Act aims to create a fairer and more secure system of home ownership in England and Wales by strengthening leaseholders’ rights in various ways, including:-  

• Easier and cheaper lease extensions. 

• Increasing a standard lease extension to 990 years. 

• Giving more rights to leaseholders looking to buy their freehold. 

• Making it easier for leaseholders to take over the management of their building.  

• Extending access to redress schemes for leaseholders looking to challenge poor practice. 

• Increasing transparency over service charges. 

• Banning the sale of new leasehold houses.  

Read more about the Leasehold and Freehold Reform Act 2024 in our previous blog by clicking here. 

Why are there delays to leasehold reform? 

Although it was originally expected that the main provisions of the Leasehold and Freehold Reform Act would come into force in 2025 and 2026, progress has been delayed, with the government conceding that full implementation will take “years not months”. 

Several obstacles stand in the way of leasehold reform. These include: 

• Secondary legislation. Implementation of the Act requires substantive secondary legislation which will need to be drafted.  

• Judicial review. In January 2025, a group of freeholders were granted permission for a judicial review of the Leasehold and Freehold Reform Act 2024 to challenge specific provisions of the Act, including those relating to enfranchisement, lease extensions and the cap on ground rents. This is provisionally set for July 2025. 

• Consultation. The government needs to launch a public consultation on various key parts of the Act and this is still pending.  

What is the timeline for leasehold reform? 

Progress on the implementation of the Leasehold and Freehold Reform Act has been slow, with minimal provisions coming into force to date. 

In January 2025, the two-year qualifying period that leaseholders previously needed to meet before extending their lease was removed. This means that since 31 January 2025, leaseholders do not have to wait before starting the lease extension process. 

This change applies retrospectively, meaning it is not limited to new leases signed after the commencement date but also benefits existing leaseholders. 

From 3 March 2025, changes to right to manage came into force, which removed the requirement for leaseholders to cover their freeholder’s legal fees when making a right-to-manage claim. 

However, it is unclear when any further provisions are likely to be introduced.   

Leasehold Reform Solicitors 

At the start of June 2025, a debate on leasehold reform was held in the House of Commons, during which Alex Norris, Parliamentary Under-Secretary of State at the Ministry of Housing, Communities and Local Government, confirmed that the public consultation required to implement key parts of the Leasehold and Freehold Reform Act 2024 was still pending. 

He failed to give any firm timeline about the implementation of the Act, only saying that the Government “wanted to get it right”. 

 “I appreciate that there is frustration about consultation, but some of the challenges within the Act show why it is important that we get this right, and that we have a process that delivers the relief that people are so desperately waiting for.  

“We will bring the measures into force as soon as possible once we have the correct model”, said Norris. 

Until more provisions of the Leasehold and Freehold Reform Act come into force, the practical impact on leaseholders is minimal, and existing law and procedures still apply. 

Leasehold Solicitors Blackheath 

At Beverley Morris & Co. Solicitors, we offer a full range of legal services related to leasehold property. 

Our experienced leasehold solicitors advise leaseholders on lease extensions, enfranchisement, right to manage and other legal issues affecting property ownership.   

If you are a leaseholder and need some legal advice on the Leasehold and Freehold Reform Act 2024 or any other matter affecting you, get in touch with us today.  

We will advise the best course of action for your situation and help and support you at every stage. 

To speak to our Lease Extension solicitors today, call us on 020 8852 4433 or email enquiries@beverleymorris.co.uk. 

The post Update on Leasehold Reform appeared first on Beverley Morris.

The annual event is designed to help raise the profile of the conveyancing profession and highlight the important role conveyancers and property lawyers play in the home-moving process. 

Numerous events take place throughout the week as key industry players come together to discuss topical issues such as the various challenges facing conveyancers, how to ensure sustainable growth, and ways to cultivate the next generation of conveyancing talent. 

One of the items up for discussion is an update on the Law Society’s consultation on the TA6 Property Information Form, which a seller must complete with various details about their property.  

The TA6 form is currently in the process of being updated to better reflect the “material information” guidance set by the National Trading Standards Estate and Letting Agency Team (NTSELAT), ensuring sellers provide more comprehensive details about a property to a potential buyer. 

The aim is for greater transparency and potentially fewer transaction issues due to missing or inaccurate information during the sale process.   

To mark this year’s National Conveyancing Week, in this blog our Residential Conveyancers look at the TA6 Form and consider its importance in property sales. 

What is a TA6 Property Information Form? 

A TA6 Property Information Form is a document that sellers in England and Wales must complete to disclose important details about their property to a potential buyer. 

What do sellers disclose in a TA6?  

Sellers must provide information in 14 different areas when completing a TA6. These are:  

1. Boundaries. Sellers should provide various information about a property’s boundaries, including who is responsible for maintaining them.  
2. Disputes and complaints. A seller must disclose whether there are any ongoing or previous disputes with neighbours.  
3. Notices and proposals. Anything that might affect the property, such as a notice from the local authority that a neighbour or developer is planning to develop or change the use of a nearby piece of land or building, must be disclosed.   
4. Alterations, planning and building control. Sellers must provide details of any structural changes or improvements to the property and include the necessary planning permissions and building regulations compliance certificates.  
5. Guarantees and warranties. Any warranties or guarantees that relate to the property, for example, a damp-proofing or double-glazing guarantee or a new-home warranty, must be provided.  
6. Insurance. Sellers should supply details of any difficulties encountered when arranging house insurance as well as information about any current insurance claims.  
7. Environmental matters. Sellers must answer questions about environmental matters such as whether the property has been flooded or is affected by Japanese knotweed.  
8. Rights and informal arrangements. Sellers must disclose whether there are any public rights affecting the property or any private rights that benefit a neighbour. 
9. Parking. Sellers must describe the property’s parking arrangements, eg. whether there is controlled parking outside the property. 
10. Other charges. If there are any charges affecting the property, such as payments to a management company, they should be disclosed.   
11. Occupiers. Sellers must include the details of anyone apart from themselves living at the property.   
12. Services. Sellers must state which services are supplied to the property, for example, electricity, central heating, drainage and sewerage.  
13. Utilities and services. The seller should include information about who supplies the property’s utilities and services and give the location of the relevant meters and the water stopcock.  
14. Transaction information. Sellers must also provide any relevant information relating to the sale. This could include, for example, whether the seller is buying another property at the same time and if there are any stipulations about the completion date.  

Do you have to complete a TA6? 

Completing a TA6 Property Information Form is not a legal requirement, but it is strongly advised.  

A TA6 provides crucial information about a property and failing to complete one would raise serious red flags for potential buyers. 

Do you have to declare problems when selling a house? 

The official guidance states that sellers should complete the form “to the best of their knowledge”, “be accurate”, and “not knowingly exclude any information”. 

Sellers should be as transparent as possible in their replies on the form and provide as much information as possible. 

If a seller provides incorrect or incomplete information, the buyer may be able to claim compensation or refuse to complete the purchase.   

A recent case at the High Court highlighted the importance of being as accurate as possible in the disclosures made in a TA6. 

In this ruling, the judge ruled that a couple who bought a £32.5m mansion could hand it back and have most of their money returned after they found out it had a “severe moth infestation”. 

In the case, Iya Patarkatsishvili and Yevhen Hunyak successfully sued the vendor of their property in West London after the judge agreed he failed to tell them about the moth problem in the pre-contract enquiries. 

Residential Conveyancer Blackheath 

Buying a new home is exciting but, for a property sale or purchase to go smoothly, it is crucial that you enlist the help of an experienced residential conveyancer. 

At Beverley Morris & Co., our dedicated team of experienced conveyancing solicitors help a wide range of people complete their dream move. 

Whether you are a first-time buyer, buying a property off-plan, or are an experienced property developer, we provide a personalised service designed to fit your needs, supporting you every step of the way. 

To speak to our Residential Conveyancing team today, call 020 8852 4433 or email enquiries@beverleymorris.co.uk. 

The post Conveyancing Week 2025: What is a TA6 Property Information Form? appeared first on Beverley Morris.

Currently, first-time buyers pay no stamp duty on homes worth up to £425,000, with a 5% rate applying to the portion between £425,001 and £625,000. 

From 1 April 2025, the zero-rate threshold will drop to £300,000, and the 5% rate of SDLT will apply to property purchases between £300,001 and £500,000.  

This means that first-time buyers will go from paying nothing in SDLT on a home worth £425,000 to paying £6,250 in stamp duty after 1 April 2025. 

The impact of the changes will be particularly felt by first-time buyers in London, who pay more on average for their first home than those taking their first steps on the ladder elsewhere in the country. 

In 2023, the average house price for first-time buyers in London was £492,234, according to the latest figures from comparison website finder.com, while first-time buyers in the South East could expect to pay an average of £353,724 for their first home. 

This is significantly higher than the rest of the UK, which saw the average house price for a first-time buyer in 2023 stand at £288,136. 

First-Time Buyer Conveyancers Blackheath 

Evidence suggests that many first-time buyers are already taking steps to secure their first home before the SDLT changes take effect. 

According to a report in Estate Agent Today published on 4 February 2025, first-time buyer activity has hit a record high in recent months, with data showing first-time buyers are acting fast to get deals done and avoid higher property tax bills. 

Figures showed that first-time buyers dominated property market activity in November, December and January, accounting for 64% of home mover activity in December 2024 – a record high – and 63% in January 2025. 

The report, which cites data from comparison website reallymoving, suggests that the proportion of first-time buyers paying stamp duty will more than double from 17% currently to 40% in April.   

In the South East, average SDLT bills will rise from zero to £1,522 – putting 56% of first-time buyers over the tax threshold. 

In London, the proportion of first-time buyers paying the tax will jump from 46% currently to 79% after the changes to SDLT rates. 

First-time buyers must act fast if they are hoping to beat the increases, or factor in the additional cost of a property purchase made after the SDLT changes take effect. 

Find out more about conveyancing for first-time buyers and read our tips and hints in our Guide for First-Time Buyers. 

First-Time Buyers London 

Indications suggest that 2025 will remain challenging for those looking to take their first steps on the property ladder, particularly in London and the South East where a lack of supply means property prices remain high. 

However, first-time buyers in the capital and the surrounding areas have some reasons to remain optimistic. 

The government recently announced that it was aiming to build almost 100,000 new homes in London, including 2,575 in Greenwich, as part of its commitment to creating 1.5 million new homes in England by 2029. 

The Leasehold and Freehold Reform Act 2024 which is expected to come into force in Spring 2025 will introduce a series of changes that should make buying a leasehold property more appealing to first-time buyers. 

Greater transparency over service charges, new ‘peppercorn’ ground rents, and easier and cheaper lease extensions are all set to make buying a leasehold property a better option. 

Read more about leasehold reform in our previous blog by clicking here. 

Conveyancing Solicitors Blackheath 

From our offices in Blackheath Village, Beverley Morris & Co. Solicitors have provided conveyancing services to individuals and businesses across London and the South East for many years.  

Our dedicated residential property solicitors can advise on all the legal issues you may encounter during the conveyancing process. They will provide clear, practical, and pragmatic advice should any issues occur.   

Beverley Morris & Co.’s conveyancing specialists are accredited under the Law Society’s Conveyancing Quality Scheme (CQS), so you can rest assured that you have direct access to expert help.  

Our Residential Property team can help you with:  

• Buying and Selling.  
• Mortgages and Re-mortgages.  
• Transfers of Equity.  
• Lease Extensions.  
• Collective Purchases of Freehold.  
• New Build Sales and Purchases.  

We have developed in-depth local market knowledge and enjoy strong relationships with estate agents and other industry professionals working in the surrounding area.  

To speak to our Residential Conveyancing solicitors, please call us on 020 8852 4433 or make an online enquiry. 

The post First-Time Buyers Must Act Fast to Beat SDLT Deadline appeared first on Beverley Morris.

The Bill, designed to give tenants in the private rental market greater protection, was included in this summer’s King’s Speech, which is used to outline Labour’s legislative priorities for the coming months.

Its inclusion will appease those left frustrated by the previous Conservative government’s Renters (Reform) Bill failing to receive royal assent before parliament was dissolved.

Renters’ Rights Bill

The Renters’ Rights Bill is intended to improve the private rental system for both the 11 million private renters and 2.3 million landlords in England.

Although the government acknowledged the valuable contribution made by “responsible” landlords who provide “quality” homes to their tenants, it believes that “too many renters are being exploited by a minority of unscrupulous landlords, unable to challenge bad practices because they could be evicted at any moment”.

The party hopes that the Renters’ Rights Bill will “level decisively the playing field between landlord and tenant by providing renters with greater security, rights and protections and cracking down on the minority of unscrupulous landlords who exploit, mistreat or discriminate against tenants with bad practices such as unfair rent increases intended to force tenants out, and pitting renters against each other in bidding wars.”

The briefing notes to the King’s Speech, made on 17 July 2024, set out the key features of the Renters’ Rights Bill. These include:

• Abolishing Section 21 ‘no fault evictions’. Under Section 21 of the Housing Act 1988, landlords can ask tenants to move out of a property without giving a reason (known as ‘no-fault evictions’). Labour has pledged to remove the threat of arbitrary evictions and introduce new clear and expanded possession grounds so landlords can reclaim their properties when they need to.
• Strengthening tenants’ rights and protections. The new government has said it will empower tenants to challenge rent increases and introduce new laws to end the practice of rental bidding wars by landlords and letting agents.
• Giving tenants the right to request a pet. Landlords must consider a tenant’s request and cannot unreasonably refuse. Landlords will be able to request insurance to cover potential damage from pets if needed.
• Applying a Decent Homes Standard. This will set minimum standards for living conditions in the private rented sector to ensure homes are safe, secure and hazard free.
• Introducing Awaab’s Law. The Bill includes a promise to set clear legal expectations about the timeframes within which landlords in the private rented sector must make homes safe where they contain serious hazards. This follows a similar law to improve the safety and health of tenants in social housing, which came into force in July 2023. This was introduced following a campaign led by Awaab Ishak’s parents after Awaab died in December 2020 from a respiratory condition caused by mould in his Rochdale social housing flat.
• Creating a digital private rental sector database to bring together key information for landlords, tenants, and councils. This centralised information source can be used by tenants when they are considering new tenancies and will enable landlords to quickly understand their obligations and demonstrate compliance. Councils will be able to use the database to target enforcement.
• Introducing a new ombudsman service. This will support quicker, cheaper resolution for both landlords and tenants when there are disputes and reduce the need to go to court.
• Making it illegal for landlords to discriminate against tenants in receipt of benefits or with children when choosing to let their property. Such anti-discrimination measures will ensure no family is discriminated against and denied a home when they need it.
• Strengthening local councils’ powers. New investigatory powers will make it easier for councils to identify and fine rogue landlords.

The Bill is still in its draft form and there is no timeline for when it will be introduced.

Landlord and Tenant Solicitors Blackheath

If you are a landlord or tenant looking for clarification about how the Renters’ Rights Bill will affect you, Beverley Morris & Co. Solicitors can help.

As a well-established and community focused local London law firm, we have advised numerous landlords on their obligations. We also advise tenants on their legal rights.

Should a dispute arise between landlord and tenant at any stage of the relationship lifecycle, our experienced Landlord and Tenant solicitors in Blackheath advise on the best course of action for the given situation and offer help and support at every stage.

To speak to our Landlord and Tenant solicitors today, call us on 020 8852 4433 or email enquiries@beverleymorris.co.uk.

The post Update on Renters’ Reform appeared first on Beverley Morris.

According to the latest figures from the National Association of Property Buyers (NAPB), 37% of all new properties sold in England and Wales in 2021 were sold off-plan.

Buying an off-plan home is most popular among those taking their first steps on the property ladder, with first-time buyers making up just over two-thirds (67%) of off-plan purchases, according to real estate agency Hamptons.

Off-plan properties are generally new builds, and buyers usually commit to a purchase before the development has been finished, sometimes even before construction has begun.

Although chain-free, the legal process associated with an off-plan property purchase is not straightforward. Conveyancing on a property bought off-plan is different to buying and selling an established property and often throws up unique challenges that require specialist expertise.

In this article, our experienced Residential Conveyancers answer frequently asked questions about off-plan property purchases.

What is an off-plan property?

An off-plan property is a property that has not yet been built. People who choose to buy a property off-plan commit to the purchase without seeing the finished product, and instead use floor plans, computer-generated images, and possibly a show-home to get an idea of what their new home will look like.

It is always worth checking that the fittings in the home you are buying will match those on display in the show-home, for example, a superior quality carpet may be laid in the show-home and it may be different to the quality of carpet the developer intends to lay in the home that you are buying.

A buyer purchases an off-plan property directly from a homebuilder or developer.

What are the benefits of buying a property off-plan?

Some advantages of buying a property off-plan include:

• It is brand new and there have been no previous occupants.
• A buyer can give their input into the property’s specification, including the layout of the property and the choice of fixtures and fittings.
• Developers often offer incentives for off-plan properties, and buyers can negotiate discounts on price.
• Buying a property off-plan means it could increase in value between your reserving it and moving in.
• Off-plan properties are bought directly from a homebuilder or developer, meaning there is no forward conveyancing chain.
• Any adaptations that may be needed, for example, to cater for the needs of an elderly or disabled person, can be factored into the build.
• Off-plan properties usually come with a new-build warranty to protect the buyer from any costs arising out of any structural defects caused by poor design or construction.

What are the disadvantages of buying a property off-plan?

The downsides to buying a property off-plan can include:

• Buyers can’t see the property before committing to a purchase.
• Any issues encountered during the construction process could cause delays.
• The property’s value could go down between a buyer agreeing to purchase it and moving in.
• There is a risk that the developer in charge of the project could go into liquidation before completing the build.
• Some lenders don’t offer mortgages on off-plan properties.
• Any delay in the build could result in a mortgage offer expiring and the buyer would have to re-apply for a mortgage. If this were rejected, and the buyer could not proceed with their purchase, they would lose their deposit and could even face legal action.

There are several additional risks involved in buying a property off-plan.

Appointing a conveyancing solicitor with experience in the purchase of off-plan properties can help ensure the process runs smoothly and any potential issues are anticipated and addressed.

At Beverley Morris & Co., our dedicated residential property solicitors can advise on all the legal issues encountered when buying a property off-plan, and they will provide clear, practical and pragmatic advice should any problems arise.

Our conveyancing specialists are accredited under the Law Society’s Conveyancing Quality Scheme so you can rest assured you have direct access to expert help.

We always provide a service that you can rely on and that we are proud of. To speak to our Residential Conveyancing team today, call 020 8852 4433 or email enquiries@beverleymorris.co.uk.

How does the conveyancing process differ on an off-plan property?

Conveyancing on an off-plan property often presents different challenges to buying a property that is already built.

Some key differences between conveyancing on an off-plan property compared to one that has already been built include:

1. Exchange of contracts. For an off-plan purchase, a buyer usually pays a reservation fee to secure the property and contracts are exchanged much earlier in the process. Some developers require contracts to be exchanged within 28 days of the paperwork being received by the buyer’s solicitors. If this isn’t achieved, the buyer may face losing their reservation fee and the sale falling through.
2. Completion date. The exchange of contracts can happen many months, or even years, before the property is finished, meaning that the completion date is often vague and will not be known until the property is finished . Usually, a buyer receives two weeks’ notice of the completion date after the property has been finished and is ready for occupation.
3. Mortgage arrangements. It can be more difficult to secure a mortgage on an off-plan property as some lenders are cautious about agreeing to lend on a property that has not yet been built. Most mortgage offers last three to six months. If an offer expires before the purchase has been completed, the buyer may need to reapply for a mortgage.
4. Additional checks. In addition to the usual standard property searches (local authority, water and drainage, environmental), a conveyancing solicitor will want to review the developer’s acquisition of the land, any site decontamination work, that the necessary planning permissions and building regulation approvals were obtained, that the property has a new build warranty and that any appliances are sold with the necessary guarantees.
5. Surveys. A full structural survey is not always possible on a property bought off-plan. However, it is advisable for a buyer to undertake a snagging survey before completion to identify any defects and highlight any potential issues to the developer.

Residential Conveyancer Near Me

Buying a new home is an exciting time, but for a property sale or purchase to go smoothly, it is crucial that you enlist the help of an experienced residential property solicitor.

At Beverley Morris & Co., our dedicated team of conveyancing solicitors is very experienced in helping a wide range of people complete their dream move.

Whether you are buying a property off-plan, moving house or are an experienced property developer, we will provide a personalised service designed to fit your needs, supporting you every step of the way.

To speak to our Residential Conveyancing team today, call 020 8852 4433 or email enquiries@beverleymorris.co.uk.

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What is National Conveyancing Week? 

Following the success of the inaugural NCW in March 2023, this year’s event which took place in March 2024 was designed to educate and reassure the public, recruit new entrants and improve the profile of conveyancers and conveyancing. 

An experienced conveyancer oversees the house-moving process, ensuring that any hiccups are dealt with promptly and efficiently. 

From our offices in Blackheath Village, our specialist residential property solicitors at Beverley Morris & Co. provide reliable and cost-effective legal advice to individuals and businesses across London and the South East. 

If you are buying or selling a property, contact our Residential Conveyancing team by calling 020 8852 4433 or emailing enquiries@beverleymorris.co.uk. 

Conveyancing is far more challenging these days than it has ever been. In contrast, there have been technological advances to improve efficiency, increase productivity and streamline workflow. 

NCW aims to change the perception of conveyancing and encourage a change in attitude by users of the industry. 

For more information about National Conveyancing Week, click here. 

Glossary of Conveyancing Terms 

To mark NCW 2024, our specialist residential conveyancing solicitors have provided a glossary of some of the common terms used in the conveyancing process. 

Conveyancing: The legal process for buying or selling property or land. 

Freehold: A freehold property is where you own the land beneath the property and the sky immediately above it as well as the property itself. Most houses are freehold. 

Leasehold: A leasehold property is where you own the property but not the land it sits on. Most flats and maisonettes are leasehold. For leasehold properties, you own the property for the length of your lease. However, when the lease ends, ownership returns to the landlord. 

Contract: The written legal agreement between the seller and the buyer setting out the terms agreed between the parties and the consequences of either party not fulfilling them. 

Form TA6 (Property Information Form): A seller must complete a Property Information Form to provide their buyer with more information about the property. The seller’s replies include amongst other things details of the boundaries that belong to the property and who is responsible for maintaining them, information about planning applications affecting the property, whether the property is sold with the benefit of any guarantees, electrical certificates and so on and the names of the current utility suppliers. 

Form TA7 (Leasehold Information Form): The seller of a leasehold property completes this form in addition to Form TA6. The TA7 Leasehold Information Form includes details of the building insurance, ground rent, service charge and other aspects regarding the leasehold. 

Form TA10 (Fittings and Contents Form): This standard form is completed by the seller. It confirms what items are staying at the property and are included in the sale price such as white goods, blinds and light fittings, what items the seller plans to remove from the property and what items may be purchased by the buyer at an additional cost.   

Exchange of Contracts: This is the point at which there is a legally binding contract between the seller and the buyer. Up until this point, either party may change their mind. For example, the seller may decide not to move or the buyer may find another property they prefer. Neither party may claim from the other any expenses they have incurred if the transaction fails to proceed and contracts are not exchanged. NB. This could result in the party who has been let down incurring search fees, survey fees and legal fees they cannot recover.  

Deposit: An agreed amount (usually ten per cent of the purchase price) to be paid by the buyer to the seller on exchange of contracts. 

Completion: This is the point when the seller’s solicitor receives the balance of the purchase money and the buyer is entitled to the keys to the property.  

Covenant: Another word for a “covenant” is a “promise” either to do something or not to do something. It is a legal obligation contained within the title deeds to a property that the owner of the property must adhere to. A covenant not to do something is called ‘a restrictive covenant’. It will limit what you can do to the property, eg. a restriction on making certain renovations, building an additional structure or carrying on a business at the premises. Restrictive covenants ‘run with the land’ which means that they are passed onto future owners. 

Easement: A right exercised over another person’s property. Easements generally allow a property owner to utilise another person’s land in a specific way, for example, by allowing them to make use of drainage pipes or electricity or telecommunication cables that pass over or beneath a neighbouring owner’s land.  

Indemnity policy: Indemnity insurance can protect you against a legal defect that either cannot be resolved or would be too time consuming and/or costly to resolve. For example, if your seller cannot provide a building regulations certificate, your solicitor will require your seller to purchase indemnity insurance to deal with the possibility that the local authority might try to pursue a claim against you in the future.  

Certificate of compliance: This can sometimes be required when buying a leasehold property. If the freeholder has placed a restriction on the leasehold title, the Land Registry will require a certificate of compliance from the freeholder stating that the buyer has complied with the restriction before they will register the buyer’s purchase.  

Flying freehold: This is when a freehold property is built partly across the adjoining property and the property owner does not own the rest of the adjoining property or the land beneath it. Flying freeholds can cause added complications in conveyancing.  

Land Registry: HM Land Registry is a government organisation that maintains a register of properties and their ownership in England and Wales.  

Lender: A bank, building society, or other individual(s) or company that lends money to a buyer to purchase a property. 

Mortgage term: The length of time agreed with the lender for the repayment of a mortgage. 

Registration: During the final stages of the conveyancing process, your conveyancer will register your property in your name at HM Land Registry. 

Searches: A series of enquiries undertaken by a conveyancer to find out more information about a property. Searches highlight any issues that are a problem with the property at the time of purchase or could become an issue later on. Conveyancers do three main types of searches as part of the conveyancing process: a local authority search, an environmental search and a water and drainage search. In certain areas, eg. a mining area or a flood risk area, additional searches may be required to be carried out.  

Stamp Duty Land Tax: SDLT (also known simply as “stamp duty”) is a government tax payable on the purchase of a property above a certain purchase price. Click here for more information.  

Title deeds: Title deeds as we used to know them, to prove ownership of a property, no longer exist. All that is required nowadays to prove ownership of a property is an official Land Registry copy of the title. Sometimes, old title deeds and documents still exist but they are of historic interest and value only and they are no longer needed to prove ownership of a property. Houses used to be sold by a developer with a 999 year lease (sometimes referred to as “a virtual freehold”) and if the lease still exists amongst some old paperwork, it will often show the exact measurements of the plot and contain inward “T” marks proving which boundaries belong to the property. It was not until the early 1970’s that the owners of these properties became entitled to buy their freehold.    

Conveyancing Solicitors Blackheath 

Buying a new house, flat or maisonette is an exciting time, but for a property sale or purchase to go smoothly, it is crucial that you enlist the help of an experienced residential property solicitor. 

At Beverley Morris & Co., our dedicated team of conveyancing solicitors is very experienced in helping a wide range of people complete their dream move. 

At Beverley Morris & Co., we offer a range of residential property services for individuals and businesses. Over the years, we have advised many different people in relation to their residential conveyancing transactions, including: 

• Homeowners. 
• Private investors. 
• Developers. 
• Trustees. 

We have helped many different people successfully complete their property sales and purchases and can provide clear, sensible and cost-effective specialist legal advice on every aspect of the conveyancing process. 

Whether you are buying a property for the first time, moving house or are an experienced property investor or developer, we will provide a personalised service designed to fit your needs, supporting you every step of the way. 

To speak to our Residential Conveyancing team today, call 020 8852 4433 or email enquiries@beverleymorris.co.uk. 

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