The Modern Conveyancing Paradox

In an age of instant communications, electronic document signing and conveyancers expected to be available seven days a week, clients find it increasingly difficult to understand why the conveyancing process still takes so long. Despite technological advances, property transactions remain complex legal processes fraught with potential pitfalls.

Industry-Wide Challenges

Several systemic issues contribute to conveyancing delays that are largely beyond individual control:

Shortage of Conveyancers – A 15% fall in the number of conveyancers between September 2021 and January 2025 means that remaining practitioners are handling more transactions than ever before, creating inevitable bottlenecks.

Regulatory Compliance – Very strict anti-money laundering regulations must be meticulously complied with. Solicitor firms face heavy financial penalties for non-compliance, so conveyancers cannot cut corners on required checks.

New Legislation – The impact of new legislation on leasehold transactions, such as the Building Safety Act 2022, has added additional layers of complexity and time-consuming requirements to many property sales.

Preventable Delays: The Six Most Common Issues
However, it is possible to anticipate many problems that regularly arise in transactions and address them early to prevent delays. Here are the most frequent issues we encounter:

1. Unauthorised Building Works
   Works carried out without planning permission or building regulations consent (or landlord consent for flats) always cause problems. If works were done recently and enforcement action remains possible, transactions can fall through entirely. Early disclosure allows time for retrospective consents or indemnity insurance arrangements.
2. Missing Title Documents
   Incomplete or missing title documents inevitably cause delays. While indemnity insurance sometimes provides a solution, if important documents cannot be located or leases have crucial pages missing, the problem requires time-consuming resolution before exchange of contracts.
3. Undisclosed Structural Problems
   Known structural issues not disclosed early create significant delays. If buyers only discover insurance claims for subsidence after commissioning surveys, obtaining structural engineer reports becomes necessary. In serious cases, particularly with mortgage lenders involved, buyers may withdraw entirely.
4. Complex Source of Funds
   When buyers’ money comes from various sources or involves gifts from third parties, extensive verification takes considerable time. Given the penalties for inadequate anti-money laundering checks, conveyancers must be thorough, regardless of time pressures.
5. Title Register Errors
   Known errors in title registers that aren’t disclosed at the outset require correction before contracts can be exchanged. Whether it’s unregistered garden areas or incorrect property descriptions, the Land Registry’s huge backlog means corrections take significant time.
6. Problematic Ground Rents
   Leases with very high ground rents or unreasonable rent review provisions can cause transactions to collapse, particularly when mortgages are involved. Lease variations require landlord cooperation and usually involve payments, adding both time and cost.

Prevention is Better Than Cure

Estate agents who understand these common problems and identify them early can often prevent sales falling through. Similarly, sellers must be better prepared, particularly where they have carried out property works, ensuring all relevant documentation is readily available.

Early identification and proactive management of these issues can significantly reduce transaction times and improve completion rates. While some delays are unavoidable due to industry-wide challenges, many others can be prevented through proper preparation and early disclosure.

By understanding these common pitfalls, all parties involved in property transactions can work together to streamline the process and manage client expectations more effectively.

For assistance with residential property transactions and advice on avoiding common conveyancing delays, please contact Jonathan Picken | Partner | Jonathan.Picken@williamsturges.co.uk