The Impact of New Property Laws on the Conveyancing Process: A Comprehensive Analysis

Buying or selling a property has become more detailed than it used to be. You are no longer dealing with a simple exchange of contracts, a few searches and a completion date. Today, the conveyancing process involves more upfront information, stricter identity checks, closer review of leasehold terms, building safety questions, tax considerations and tighter expectations around property listings.

These changes are not there to make your life harder. They are designed to make property transactions clearer, safer and more transparent. However, they do mean that you need to be prepared earlier, especially if you are selling a leasehold property, buying with a mortgage, purchasing an investment property or dealing with a home affected by building safety or title issues.

Whether you are buying your first home, selling a family property, investing in a buy-to-let or reviewing a commercial property, working with experienced conveyancing solicitors can help you avoid unnecessary delays and understand the legal risks before you commit.

Why property law changes matter in conveyancing

Conveyancing is the legal process of transferring ownership of a property from one person to another. It includes checking the title, reviewing searches, raising enquiries, dealing with mortgage conditions, preparing contracts, arranging completion and registering ownership with HM Land Registry.

Recent property law changes and updated industry guidance have made this process more information-led. Buyers are expected to receive clearer details about the property before they make major decisions. Sellers are expected to provide accurate information earlier. Solicitors are expected to investigate more issues before exchange of contracts.

This is important because once you exchange contracts, you are legally bound to complete. If you later discover a serious legal issue, a hidden cost or a restriction that affects how you can use the property, it may be too late to walk away without financial consequences.

A careful conveyancing process helps protect you from that risk.

More information is now expected upfront

One of the biggest changes in property transactions is the growing focus on upfront information. Estate agents are expected to disclose material information in property listings, so buyers and tenants have a clearer picture before arranging viewings, making offers or committing money.

This can include information about:

• Council tax band

• Tenure

• Asking price or rent

• Lease length

• Ground rent

• Service charge

• Utilities

• Parking

• Flood risk

• Building safety

• Planning restrictions

• Rights of way

• Known disputes

For you as a seller, this means preparation matters. If you wait until an offer has been accepted before looking for key documents, your transaction may slow down. Missing certificates, unclear lease terms, old planning issues or unresolved disputes can all cause delays.

For you as a buyer, upfront information can help you make a better decision. However, it should not replace legal advice. A listing may tell you that a flat has a lease, but your solicitor will check whether the lease is acceptable to your lender, whether the ground rent causes concern and whether the service charge history looks reasonable.

The updated TA6 and TA7 forms

The Law Society’s TA6 property information form is used by sellers to give buyers detailed information about the property. The 6th edition of the TA6 form replaced earlier versions for new Conveyancing Quality Scheme transactions from 30 March 2026. An updated TA7 leasehold information form is also available for leasehold sales.

These forms matter because the buyer and their solicitor rely on the answers. The TA6 can cover issues such as boundaries, disputes, notices, guarantees, alterations, planning, building works, services and environmental matters. The TA7 focuses on leasehold information, such as ground rent, service charges, management arrangements and lease restrictions.

If you are selling, you should complete these forms carefully. Do not guess. If you are unsure about an answer, speak to your solicitor before submitting it. Incorrect or incomplete replies can delay the transaction and may cause problems after completion.

If you are buying, your solicitor should review the forms in detail. If anything appears unclear, inconsistent or incomplete, they can raise enquiries before you exchange contracts.

Leasehold reform and what it means for property transactions

Leasehold property remains one of the most sensitive areas in conveyancing.

Lease length, ground rent, service charges, management fees and building responsibilities can all affect value, mortgageability and resale prospects.

The Leasehold and Freehold Reform Act 2024 introduced important reforms, but not all parts are in force. One key change already in effect is the removal of the 2-year ownership requirement for statutory lease extension and enfranchisement claims. This means eligible leaseholders no longer need to wait 2 years after buying before starting certain formal lease extension or freehold purchase claims.

Further leasehold reforms are still developing. Proposals include wider changes to ground rent, commonhold and the future of leasehold flats. Because this area is changing, you should get current legal advice before relying on any assumed future right.

If you are buying a leasehold property, your solicitor will usually check:

• Lease length

• Ground rent

• Service charge accounts

• Major works plans

• Building insurance

• Management company details

• Restrictions on letting

• Restrictions on pets

• Restrictions on alterations

• Mortgage lender requirements

A short lease can affect the value of the property. High or escalating ground rent can also create problems with some mortgage lenders. If you are selling a leasehold property, you should request the management pack as early as possible because this is a common cause of delay.

If your transaction involves a shop, office, warehouse or mixed-use premises, specialist commercial conveyancing advice can help you understand the lease terms and wider property obligations.

Stamp duty and property tax considerations

Stamp Duty Land Tax applies to property purchases in England and Northern Ireland. Residential buyers normally pay SDLT on the part of the purchase price above £125,000, unless relief applies. Eligible first-time buyers can pay no SDLT on properties up to £300,000, with relief available on purchases up to £500,000.

If you are buying an additional residential property, such as a second home or buy-to-let, higher SDLT rates usually apply. These are generally 5 percentage points above the standard residential rates. This can add a significant amount to your overall cost.

For example, if you are buying a £300,000 property as your only home, your SDLT position will be different from someone buying the same property as an additional home. If you are not UK resident for SDLT purposes, an additional 2% surcharge may also apply.

You should also remember that Scotland and Wales use different systems. Scotland has Land and Buildings Transaction Tax. Wales has Land Transaction Tax.

Your solicitor will usually help calculate the tax, submit the return and arrange payment after completion. However, you should understand the likely amount before exchange, because SDLT can affect your budget and your decision to proceed.

Stricter anti-money laundering checks

Anti-money laundering checks are now a major part of conveyancing. Solicitors must verify your identity and check where your money is coming from. These checks are not optional. They are legal and regulatory requirements.

If you are buying a property, you may need to provide evidence of your deposit, savings, inheritance, business income, sale proceeds or gifted funds. If someone else is helping you with a deposit, they may also need to provide identification and source of funds evidence.

Common documents can include:

• Passport

• Driving licence

• Recent utility bill

• Bank statements

• Savings records

• Gifted deposit letter

• Inheritance documents

• Sale completion statement

• Business accounts

If money has come from overseas, crypto assets, business profits or several different accounts, your solicitor may need more information. This can take time, so it is sensible to prepare documents early.

Some mortgage or guarantee situations may also require independent legal advice, especially where someone is signing documents that affect their financial position.

Mortgage lender requirements are becoming more detailed

Even if you are happy with a property, your mortgage lender also needs to be satisfied. Lenders have their own legal requirements, and your solicitor must usually report certain risks to them.

A lender may raise concerns about:

• Short leases

• Defective lease clauses

• High ground rent

• Missing planning documents

• Missing building regulation approval

• Restrictive covenants

• Flying freeholds

• Flood risk

• Structural concerns

• Building safety issues

• Solar panel leases

• Unadopted roads

If the lender is not satisfied, they may delay the mortgage offer, ask for further information or refuse to lend. This is one reason why it is risky to assume that a transaction will complete quickly before all legal and mortgage checks are finished.

If you are signing mortgage documents, giving a guarantee or helping someone else with finance, you may need independent legal advice for mortgage matters before the lender will proceed.

Building safety and higher-risk properties

Building safety has become a much bigger issue in conveyancing, especially for flats and higher-risk buildings. The Building Safety Act 2022 introduced protections and responsibilities that can affect buyers, sellers, leaseholders, landlords and mortgage lenders.

If you are buying a flat, your solicitor may need to check whether the building is affected by building safety rules, whether relevant certificates are available and whether remediation costs could affect you. Lenders may also require specific information before agreeing to release mortgage funds.

This can be particularly important where there are:

• Cladding concerns

• Fire safety works

• Remediation schemes

• High service charge demands

• Building safety certificates

• Management company delays

• Unclear liability for historic defects

If you are selling a flat in an affected building, gather documents early. Missing building safety information can cause long delays because the buyer’s solicitor and lender may not be able to proceed without it.

If you are buying, do not ignore building safety questions because the price looks attractive. Future service charge liabilities or remediation uncertainty can affect affordability and resale value.

Energy efficiency and environmental issues

Environmental and energy-related issues are also becoming more important in property transactions. Searches may reveal flood risk, contaminated land, drainage problems, ground stability issues or other environmental concerns.

For rented properties, the current domestic Minimum Energy Efficiency Standard in England and Wales generally requires privately rented homes to have an EPC rating of at least E, unless a valid exemption applies. Government policy is moving towards higher energy efficiency expectations for the private rented sector, with a target of EPC C for all tenancies by 2030.

If you are buying a rental property, this can affect your future costs. A cheaper property may require insulation, heating upgrades or other energy improvements before it remains suitable for letting.

If you are buying a home for yourself, environmental searches still matter. Flood risk can affect insurance. Contaminated land can restrict future works. Poor energy efficiency can increase running costs.

Renters’ Rights Act changes and tenanted property sales

The Renters’ Rights Act 2025 has changed private renting in England. From 1 May 2026, private tenants have stronger rights, including the end of Section 21 no-fault evictions for assured tenancies. Landlords must rely on valid legal grounds if they want possession.

If you are buying or selling a tenanted property, this affects the conveyancing process. Buyers need to understand the tenancy position, rent, deposit protection, safety certificates, notices, licensing and any disputes.

If you are selling a tenanted property, you should prepare:

• Tenancy agreement

• Deposit protection documents

• Gas safety certificate

• Electrical safety certificate

• Energy performance certificate

• Rent records

• Licence documents

• Notices served

• Details of arrears

• Details of disputes

A buyer will want to know what they are taking on. If documents are missing, the buyer may ask for further enquiries, a retention, a price reduction or additional legal protection.

If you are buying a tenanted investment property, do not look only at the rent. You need to know whether the tenancy is compliant and whether you can lawfully manage, sell or recover possession of the property in future.

Commercial property transactions and business leases

Commercial property transactions can be affected by many of the same legal changes, but they also involve business-specific risks. If you are buying, selling or leasing commercial premises, you need to understand the legal and financial commitments before signing.

A commercial lease can include detailed obligations around rent, repair, insurance, service charge, use, alterations, break clauses and assignment. These terms can have long-term consequences for your business.

Before entering into a lease, you should check:

• Lease length

• Rent review terms

• Break clause conditions

• Service charge obligations

• Repair responsibilities

• Insurance provisions

• Permitted use

• Alteration restrictions

• Assignment rights

• Personal guarantees

A repair clause can be particularly important. You may be expected to put the property into good condition, even if it was not in good condition when you moved in. A break clause may also be difficult to use if strict conditions are not followed.

Before you sign, legal advice on a commercial lease can help you understand whether the terms fit your plans.

Digital conveyancing and electronic signatures

The property sector is becoming more digital. Identity checks, document signing, registration applications and communication with HM Land Registry are increasingly handled through online systems.

HM Land Registry accepts certain forms of electronic signature where its requirements are met. It also accepts qualified electronic signatures for some applications, including transfers, charges and assents.

Digital processes can make transactions faster, but they do not remove the need for careful review. Names, addresses, title numbers, mortgage details and execution requirements still need to be correct.

You should also be alert to fraud. Before sending money, always verify bank details using a trusted method. Do not rely only on an email, especially if payment details change unexpectedly.

A personal and responsive legal team such as Athi Law can help you benefit from modern processes while still receiving clear human advice.

How the changes affect buyers

If you are buying, the newer conveyancing process means you need to be organised from the beginning. You should understand your mortgage position, tax liability, deposit source and any property-specific risks before you get too far into the transaction.

You should:

• Get a mortgage agreement in principle

• Prepare your deposit evidence

• Budget for SDLT, searches and legal fees

• Check whether the property is freehold or leasehold

• Ask about service charges and ground rent

• Tell your solicitor if you plan to let the property

• Tell your solicitor if you plan to renovate

• Avoid booking removals before exchange

For first-time buyers, the process can feel overwhelming. You may be dealing with searches, enquiries, contracts, mortgage offers and SDLT for the first time. A good solicitor should explain each stage clearly, so you know what is happening and what still needs to be resolved.

How the changes affect sellers

If you are selling, preparation can make the biggest difference. Many delays happen because documents are missing or forms are completed late.

Before your property goes on the market, try to gather:

• Title documents

• Planning permissions

• Building regulation certificates

• FENSA certificates

• Guarantees

• Boiler service records

• Electrical certificates

• Lease documents

• Management company details

• Building safety documents

• Insurance documents

• Details of disputes

If you cannot find something, tell your solicitor early. There may be a solution, but it is usually easier to deal with before a buyer is waiting.

You should also be open about problems. Boundary disputes, neighbour issues, notices, alterations and historic works should not be hidden. Accurate information helps your solicitor manage the transaction properly and reduces the risk of later claims.

How property transactions can connect with wider legal issues

A property transaction is not always just about buying or selling a home. It can also connect with family, probate, business or financial matters.

For example, if a property owner has died, you may need wills and probate advice before the property can be sold. If someone has lost mental capacity, a valid power of attorney may be needed. If the property is being transferred after separation, family law advice may also be relevant.

If you are dealing with a property transaction alongside immigration, business ownership, divorce, inheritance or care planning, it is important to look at the full picture. A decision made during conveyancing can affect tax, ownership, future sale value and family arrangements.

Common causes of conveyancing delays

Even with better rules and clearer information, delays still happen. Some delays are caused by legal issues. Others are caused by slow responses from third parties.

Common causes include:

• Mortgage offer delays

• Missing management packs

• Slow search results

• Unclear source of funds

• Defective lease terms

• Missing planning documents

• Missing building regulation approval

• Building safety enquiries

• Problems in the property chain

• Slow replies from freeholders

• Last-minute completion changes

You can reduce the risk of delay by instructing your solicitor early, responding quickly to enquiries and providing documents in full. You can also review Athi Law’s services if your transaction involves more than one legal area.

What you should do before starting a transaction

If you are buying, you should:

• Confirm your budget

• Check your mortgage position

• Prepare identification documents

• Prepare source of funds evidence

• Understand your likely SDLT

• Ask early questions about leasehold costs

• Tell your solicitor about your future plans

If you are selling, you should:

• Find key certificates

• Complete property forms carefully

• Request leasehold information early

• Disclose disputes and notices

• Check whether building safety documents are needed

• Speak to your solicitor before accepting unusual conditions

If you are entering a commercial property transaction, you should also think about whether the legal terms support your business plan. A lease that looks affordable at the start can become expensive if the repair, rent review or service charge terms are not carefully reviewed.

Final thoughts

New property laws, updated conveyancing forms and stronger disclosure expectations are making the conveyancing process more detailed. Buyers now expect clearer information. Sellers need to prepare earlier. Solicitors need to check more issues before contracts are exchanged.

This can feel like extra work, but it also gives you better protection. A thorough conveyancing process can help identify legal problems, hidden costs and future risks before you are legally committed.

The key is to treat conveyancing as an important legal safeguard, not a final box-ticking exercise. The earlier you prepare, the smoother your transaction is likely to be.

If you are buying, selling, leasing or transferring property, Athi Law can guide you through the process with clear, practical advice. To discuss your property transaction, contact Athi Law today and get legal support from the start.