The role of a solicitor when getting a mortgage in the UK

When purchasing a property mortgage brokers and lenders play an important role in the entire process. In addition, the role of a solicitor or conveyancer is just as important. If you are planning to buy a property, a solicitor or conveyancer can save you time, stress, and potentially costly mistakes. Let’s look at how they can contribute when it comes to purchasing a property. Read on to know more.

Difference between a conveyancer and a solicitor

While both conveyancers and solicitors can handle property transactions, there are some differences.

  • Licensed conveyancers are specialists in property law. They are regulated by the Council for Licensed Conveyancers and focus exclusively on conveyancing tasks such as buying, selling, or remortgaging property.
  • Solicitors on the other hand, are qualified legal professionals with broader training. They can offer legal advice on a range of matters beyond property law. These could include wills, family disputes, and litigation. Solicitors are regulated by the Solicitors Regulation Authority (SRA).

In practice, both can handle a residential property purchase. However, if your property involves complexities such as disputes, unusual property titles, or needs additional legal advice, you may need the services of a solicitor. 

The role of a solicitor when buying a property

A solicitor or conveyancer manages the legal transfer of property ownership from one person to another. Their primary role is to ensure that all the necessary legal steps are correctly followed so that the buyer receives a valid title to the property and the seller is paid as agreed. They accomplish this by managing the entire transaction process, from drafting and reviewing contracts, communicating with the seller’s solicitors, conducting searches, to exchanging and finalizing contracts.

When it comes to obtaining a mortgage, the conveyancer also represents the mortgage lender’s interests, ensuring that the lender’s loan is secured against a valid property.

The different tasks of a solicitor in a property purchase

When you are purchasing a property with a mortgage, your solicitor will typically take on several key responsibilities to protect your interests and those of your lender.

  • Reviewing the draft contract – Your solicitor examines the draft contract prepared by the seller’s solicitor, checking for errors, inconsistencies, or issues that need clarification. 
  • Raising enquiries – If the content stated in the contract or documents is unclear, the solicitor will raise enquiries with the seller’s solicitor.
  • Conducting legal searches – Local authority searches, water and drainage searches, and environmental searches are carried out to reveal any issues that could affect the property’s value or become a potential hindrance in the future.
  • Checking the property title – Solicitors will verify the legal title of the property, ensuring it is void of any existing problems, and the seller has the right to sell. They also check for any legal restrictions or obligations attached to the property.
  • Advising on mortgage terms – The solicitor will review the mortgage offer to ensure the terms are legally sound and that the lender’s conditions can be met.
  • Exchanging contracts – Once everything is in order, the solicitor coordinates the exchange of contracts with the seller’s solicitor. This is the stage when the purchase becomes legally binding.
  • Handling completion – On the day of completion, your solicitor ensures the funds are transferred and registers your property ownership with the HM Land Registry.
  • Managing stamp duty – They will calculate and pay the required Stamp Duty Land Tax (SDLT) owed on your behalf.

Is it legally necessary to get a solicitor or conveyancer?

No, it is not legally necessary to have a solicitor when buying a house. However, lenders often require that you have a legal professional to handle the process. This ensures that their loan is properly secured against the property. 

Even if you were not purchasing the property using a mortgage, a solicitor is still strongly recommended in order to protect your interests and ensure the transfer is legally valid.

When should you choose a solicitor over a conveyancer

While both solicitors and conveyancers can manage standard property purchases, there are situations where choosing a solicitor is advisable. Here are some of those instances.

  • If your property purchase is linked to other legal matters such as divorce or inheritance issues, a solicitor can provide advice and represent you.
  • If there’s a boundary dispute, a planning issue, or any risk of litigation, a solicitor is equipped to handle the broader legal implications.
  • If the property has an unusual legal status, for example, shared ownership or an unregistered title. 

If, however, your property doesn’t have any major issues, a conveyancer will be the ideal person to go with. You may want to note that their services are somewhat cost-effective in comparison to a solicitor.

Conclusion

Getting a mortgage in the UK involves more than just a monetary transaction, it also requires going through a legally binding process. A solicitor plays a key role in ensuring everything is legally compliant, protecting both your investment and your lender’s interests. A solicitor’s broader legal knowledge can offer peace of mind in more complex scenarios, while a conveyancer is often suitable for straightforward purchases. 

Choosing the right professional can make all the difference to a smooth and secure home-buying journey.

Disclaimer: The information provided in this blog is intended for general knowledge and informational purposes only, and does not constitute financial advice.

YOUR HOME OR PROPERTY MAY BE REPOSSESSED IF YOU DO NOT KEEP UP REPAYMENTS ON YOUR MORTGAGE.

The products and services promoted here are not part of The Openwork Partnership offering and are offered on a referral basis. The Openwork Partnership accept no responsibility for this aspect of our business. 

BVS Mortgages & Financial Services Ltd is an appointed representative of The Openwork Partnership, a trading style of Openwork Limited which is authorised and regulated by the Financial Conduct Authority.

BVS Mortgages & Financial Services Ltd is a broker, not a lender. We work within the mortgage market and may earn a commission from lenders, this amount varies between lenders.

Approved by The Openwork Partnership on 25/09/2025.

Published on 2025/10/02