Residential Property Transactions

Burlingtons assists clients with many types of residential conveyancing transactions including:

  • Freehold sale or freehold purchase
  • Leasehold sale or leasehold purchase
  • Mortgages or re-mortgages

The cost of a transaction can be subject to a number of variables and the information contained below is therefore intended as a guide only and we recommend that you contact us with the details of your proposed transaction to enable us to provide you with a quotation tailored to your specific requirements.  You can contact one of the fee earners listed below directly or, alternatively, email us at enquiries@burlingtons.group for more information.

Fee Earners

We have a number of fee earners who may work on your matter. For more information on the team members, please click on the links next to their names below to be taken to their personal profiles.

The Work We Will Typically Undertake For A Freehold Purchase (an existing property with no estate management involved)

  • Take your instructions and give you initial advice as appropriate
  • Check finances are in place to fund the purchase and contact the lender/lender’s solicitors if needed
  • Receive, approve and if necessary, negotiate any required amendments to the contract documents and advise on the documents accordingly.
  • Review the title to the property to ensure that the seller is legally entitled to sell the property and ensure that there are no onerous covenants and rights affecting your ability to use and enjoy the property and confirming that you are entitled to use the property for residential purpose
  • Carry out appropriate searches with the local authority as well as further searches in relation to drainage and water, environmental history, chancel repair liability and other relevant authorities, and analysing the results to ensure that there are no onerous liabilities associated with the property
  • Obtain further planning documentation from the sellers’ solicitors or the local authority’s planning portal if required
  • Raise any necessary enquiries of the seller’s solicitor
  • Provide you with a written summary of advice on all documents and information received including your title and search reports
  • Review the conditions of the mortgage offer (if you require a mortgage to purchase your property) and report on this to you
  • Send the final contract to you for signature along with a prepared Stamp Duty Land Tax Return in readiness for filing with HMRC, the transfer document and your mortgage deed (if applicable)
  • Agree the completion date with all parties
  • Exchange contracts, notify you that this has happened and carry out pre-completion searches at the Land Registry
  • Prepare a completion statement setting out the balance required to complete your purchase and arrange for your mortgage monies to be received from the lender (if applicable)
  • Raise any appropriate requisitions on title and ensure that if there are any existing charges that undertakings are received from the sellers’ for these to be discharged
  • Complete the transaction and notify you when this has taken place
  • Deal with payment of Stamp Duty/Land Tax and ensure that any appropriate indemnity policies are in place from the date of completion
  • Deal with the application for registration of the change of ownership at the Land Registry and provide an updated copy of the title once it has been registered.

Additional Work we will typically undertake for a new build purchase:

  • Report to you on the new build purchase contract terms and advise you if any amendments should be negotiated. We will also make sure that any incentives listed in the reservation form are properly documented.
    • After exchange, register new build insolvency protection insurance if required and after completion activate the new build warranty as required.

 

Additional Work We Will Typically Undertake For A Leasehold Purchase (An existing property)

In addition to the standard work undertaken for a freehold property purchase, leasehold transactions typically require the following additional steps:

  • Report to you on the contents of the lease and ensure that there are no onerous obligations affecting your ability to use and enjoy the property such as restrictions on subletting, assignment or the use of parking spaces etc.
  • Review and report to you on matters such as:
    • Ground rent/ service charge information and the latest budget forecast for the property
    • Building insurance
    • Estate regulation
    • Legal notices that relate to any proposed major works
  • If the lease requires amendments, negotiate a deed of variation in accordance with your instructions. Additional legal fees may apply and we will provide a quotation for this at the time which will be dependant on the circumstances but which is likely to be in the region of £250 to £500
  • Checking whether the provisions of the Building Safety Act 2022 apply
  • When calculating the completion statement, set out any apportionment of ground rent & service charges
  • Deal with a licence to assign (if required)
  • Deal with post completion work. This may including notifying the landlord, the management company or the managing agent regarding the assignment and any associated legal charge.
  • Deal with the post completion work in relation to any relevant covenants
  • Deal with a certificate of compliance regarding the title’s restrictions if any
  • Deal with a membership certificate for the management company or share transfer if required

Work We Will Typically Undertake For A Freehold Sale

  • Take your instructions and give you initial advice as appropriate
  • Obtain and review your title documents from HM Land Registry and identify any matters which may require further investigation or action (such as restrictions, covenants, or historic rights affecting the property)
  • Prepare and submit a Contract Pack to the buyer’s solicitors. This usually includes:
  • Official copies of the register of title and title plan
  • The draft contract of sale
  • Completed property information forms (TA6) and fittings and contents form (TA10)
  • Any other documents you may hold (e.g. planning consents, guarantees, certificates)
  • Communicate with the buyer’s solicitor throughout the transaction and deal with any enquiries raised in relation to the legal title, property condition, or fixtures and fittings
  • Negotiate any necessary amendments to the contract or resolve any legal issues that arise during the buyer’s due diligence process
  • Liaise with your estate agent (if applicable) to ensure all parties are working towards a common timeline and resolve any practical issues that may arise
  • Agree a completion date with all parties once contract terms are settled
  • Send the contract to you for signature and hold it on file pending exchange
  • Exchange contracts on your authority, making the transaction legally binding and confirming the agreed completion date
  • Obtain a redemption statement from your mortgage lender (if applicable), and ensure all financial figures are prepared ahead of completion
  • Approve the buyer’s transfer deed, arrange for you to sign it, and ensure all legal formalities are met
  • Complete the sale by receiving the balance of sale proceeds from the buyer’s solicitors on the completion date
  • Redeem your mortgage and settle the estate agents’ fees (if any), providing a completion statement showing how the sale proceeds were applied
  • Send the signed dated transfer deed to the buyer’s solicitors after completion, confirming the change of ownership
  • Provide you with the final completion statement of account and transfer the net sale proceeds to your nominated bank account

 

Additional Work We Will Typically Undertake For A Leasehold Sale

In addition to the standard work undertaken for a freehold sale, leasehold transactions typically require the following additional steps:

  • Obtain and review a copy of the lease and any related documents (e.g. Deeds of Variation, Licences, or Deeds of Covenant), in order to provide a complete and accurate title pack to the buyer’s solicitors
  • Provide a Leasehold Property Enquiry Form (TA7) completed with your assistance, which covers essential details such as ground rent, service charges, insurance and maintenance obligations
  • Request a Management Pack (sometimes referred to as an LPE1 pack) from your freeholder, management company or managing agent

This pack usually includes:

  • Ground rent and service charge statements and forecasts
  • Building insurance details
  • Planned major works or Section 20 notices
  • Accounts, budgets, and management contact details
  • Notices and restrictions relating to the lease
  • Memorandum and Articles of Association (if applicable)
  • Confirmation of any consents required for assignment
  • Respond to leasehold-specific enquiries raised by the buyer’s solicitor, including clarification on any restrictions, communal responsibilities, dispute history, or arrears
  • Liaise with the freeholder or managing agent (if necessary) to obtain their consent to the sale, or to clarify any legal or financial obligations affecting the lease
  • Provide detailed apportionment information for ground rent and service charges up to the date of completion, ensuring fair division of liabilities between you and the buyer
  • Ensure compliance with lease terms upon transfer, including coordination of any indemnity insurance (if needed) where required documentation or consents are unavailable or delayed

Work We Will Typically Undertake For A Re-Mortgage

When acting for you in connection with a re-mortgage of your property, we will typically carry out the following work:

  • Take your instructions and review the terms of your new mortgage offer, providing advice where appropriate
  • Obtain a copy of your existing title from HM Land Registry and review it to identify any existing charges, restrictions, or other matters affecting the property.
  • Carry out searches as required by your lender — these may include:
    • Official copy searches (bankruptcy and priority)
    • Local authority and drainage searches (if requested by your lender), or
    • Order search indemnity insurance where permitted by your lender
  • Review and advise you on the terms of your new mortgage offer, including special conditions and any lender requirements before funds can be released
  • Obtain a redemption statement from your existing lender to calculate the outstanding mortgage balance to be paid off on completion
  • Report to the new lender and request the release of funds in line with the agreed completion date
  • Prepare the mortgage deed for execution and arrange for you to sign the necessary documents
  • Carry out pre-completion checks and searches, including a priority search at HM Land Registry to protect the lender’s position prior to registration
  • Complete the transaction, ensuring the following:
  • The existing mortgage is redeemed and any existing legal charge is discharged
  • The new mortgage is registered against your title
  • Any surplus funds (if applicable) are returned to you
  • Deal with registration at the Land Registry, ensuring the new charge is correctly recorded and any removed charges are reflected in the updated title
  • Provide you with confirmation once registration is complete and supply updated title documents showing the new lender’s interest

Time frames involved

The precise time frames for a transaction vary according to the circumstances including but not limited to: how swiftly we can complete our due diligence, any requirements of the lender (if applicable), the turnaround time for search results, and the responsiveness of the other party’s conveyancer.

However, there are two main steps involved:

  • Exchange contracts (targeted within 4-6 weeks. For a leasehold property this may be longer)
  • Completion (this will take place on a date agreed by both buyer and seller, usually at least one week after exchange of contracts if a lender is involved. If it is a new build property this completion date will be dependant on whether or not the property has been fully built at the time of exchange)

Fees

Our fees may be structured in two ways: hourly rate or fixed rate. Our hourly rates range between £210 to £680 depending on the seniority of the fee earner undertaking the work. Where possible we will use more junior fee earners (supervised by a partner) to keep costs at a minimum. VAT will be added to our fees at the rate of 20%.

In practice we normally agree fixed fees for residential conveyancing matters.  For sales and purchases our fixed rates will depend on the value and complexity of a transaction:

  • Up to £500,000    =    0.25% – 0.75% of the sale price
  • £500,001 – £1,000,000    =    0.2% – 0.75% of the sale price
  • From £1,000,001    =    0.15% – 0.75% of the sale price

However, as every client and transaction is unique, we will consider all the circumstances to find the best arrangement to suit each specific transaction. Please contact us at enquiries@burlingtons.group to obtain a quotation for your particular transaction.

Fees and disbursements

Conveyancer’s fees and disbursements include

  • Legal fees as above. Please note that our standard fees may vary depending on various factors relating to your transaction which may affect its complexity. Supplemental fees may be charged where (i) the property is newly built where typically we will charge an additional £300 plus VAT; (ii) the property tenure is leasehold where typically we will charge an additional £300 plus VAT; (iii) the property is a relevant building under the Building Safety Act 2022 where we will typically charge an additional amount of £150 plus VAT; (iv) there are any urgent exchange or completion deadlines where we will typically charge an expedition fee of  £500 plus VAT.
  • Legal Search fees – the cost of this is very much dependent upon the property but should typically be between £400 to £600. We will provide you with the actual cost of the searches at the earliest opportunity.
  • HM Land Registry fee – the cost of this will be dependent upon the value of the property. More detailed information can be found at this link: https://fee-calculator.landregistry.gov.uk/
  • Electronic money transfer fee of £45 + VAT per CHAPS transfer. £15 plus VAT per faster payment. No fees payable for Bacs payments.
  • File administration fee of £25 + VAT
  • Lawyer checker fee of £12.50 plus VAT (to verify that your monies are being sent to the correct account if applicable).
  • Preparation of SDLT submission – a fee of £50 plus VAT.
  • HM Land Registry – official copies and title plans (charged per document).
  • Bankruptcy Search £7 + VAT per name
  • OS priority Search £7 + VAT per title

Disbursements such as those above are costs related to your matter that are payable to third parties, such as Land Registry fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Other Potential Costs

  • Management pack costs (if the property is leasehold or there is a management company involved for certain freehold developments) – the price will very much be dependant upon the landlord/management company in question, however these can range from approximately £200 to £750.
  • Indemnity insurance fees – the price of which would depend on a variety of factors including the nature of the risk being covered and the level of indemnity required. We will obtain a quotation for you if needed.
  • Notice of Transfer/Assignment fee – This fee (if chargeable) is set out in the lease or other title deeds confirming by the landlord/managing agents. Often the fee is between £50 and £200 but these can vary from one landlord/management company to another. This will usually be confirmed in the landlord’s pre-assignment pack or management pack.
  • Notice of Charge fee (if the property is to be mortgaged) – This fee (if chargeable) is normally set out in the lease or other title deeds. Often the fee is between £50 and £200 but these can vary from one landlord/management company to another. This will usually be confirmed in the landlord’s pre-assignment pack or management pack.
  • Deed of Covenant and/or Licence to Assign fee – This requirement is normally set out in the lease or other title deeds. This fee is provided by the landlord or management company or managing agent for the property and can be difficult to estimate. Often it is between £75 to £350. This will usually be confirmed in the landlord’s pre-assignment pack or management pack.
  • Certificate of Compliance fee – To be confirmed upon receipt of the title documents and confirmation from the managing agents/landlord and can range between £50 – £200 but can occasionally be more.

Membership Certificate fee – This requirement is normally set out in the lease or other title deeds or whereas there is a right to management company we would usually know whilst reviewing the management pack. We will also know the cost when we review the management pack/landlord pre-assignment pack. This is usually required for share of freehold purchases whereas the freehold is owned by a company or there is a management company owned by residents.

If the property is a new build, then a supplemental engrossment fee may be charged by the developer’s solicitors which can be confirmed upon receipt of the new build contract.

These fees will normally be subject to VAT at 20% and  will vary from property to property and can on occasion be significantly more than the ranges given above. We can give you an accurate figure once we have sight of your specific documents.

For leasehold properties or freehold properties subject to estate management arrangements you should also be aware that service charge/rent charges may apply throughout your ownership of the property. For leasehold properties, ground rent charges may apply to the property.  We will confirm any such additional costs as soon as this we receive this information.

Stamp Duty or Land Tax

This depends on a variety of factors, including the purchase price of your property, whether you have previously purchased, inherited or been the beneficiary of a trust which owns a residential property, whether you are purchasing an additional property and whether or not you are a UK resident. You can calculate the amount you will need to pay by using HMRC’s website: https://www.tax.service.gov.uk/calculate-stamp-duty-land-tax/#/intro

 

Example Fees

The following examples are intended as broad guidelines only as to the types of cost which different types of transactions may incur. In each case they assume a straightforward transaction with no management company involved.  In practice the actual costs may vary from the below due to a variety of factors and we therefore recommend that you contact us at enquiries@burlingtons.group to obtain a quotation for your particular transaction.

 

Freehold Purchase

Legal Fees Up to £500,000 @ 0.25% – 0.75% of the sale price

£500,001 – £1,000,000@0.2% – 0.75% of the sale price

From £1,000,001@0.15% – 0.75% of the sale price
VAT on Legal Fees @ 20%
File Administration Fee £25 + VAT
SDLT submission fee £50 + VAT
Other Costs
Legal Searches (estimate) Between £400 to £600 + VAT
Land Registry registration fee – please refer to the following link for details https://fee-calculator.landregistry.gov.uk/
Lawyer Checker £12.50 + VAT
Telegraphic Transfer fee £45.00 + VAT per transfer
Bankruptcy Search £7.00 + VAT per name

For Seller(s), Buyer(s) and Giftor(s) if any
OS priority Search £7.00 + VAT per title
SDLT – please refer to the following link for details https://www.tax.service.gov.uk/calculate-stamp-duty-land-tax/#/intro

 

 

Leasehold Purchase

Legal Fees Up to £500,000 @ 0.25% – 0.75% of the sale price

£500,001 – £1,000,000@0.2% – 0.75% of the sale price

From £1,000,001@0.15% – 0.75% of the sale price

An additional £300.00 + VAT applies for all leasehold purchases.

VAT on Legal Fees @ 20%
File Administration Fee £25 + VAT
SDLT submission fee £50 + VAT
Other Costs
Legal Searches (estimate) Between £400 to £600 + VAT
Land Registry registration fee – please refer to the following link for details https://fee-calculator.landregistry.gov.uk/
Lawyer Checker £12.50 + VAT
Telegraphic Transfer fee £45.00 + VAT = per transfer
Bankruptcy Search £7.00 + VAT per name

For Seller(s), Buyer(s) and Giftor(s) if any
OS priority Search £7.00 + VAT per title
SDLT  – please refer to the following link for details https://www.tax.service.gov.uk/calculate-stamp-duty-land-tax/#/intro

 

 

Freehold and Leasehold Sales

Legal Fees Up to £500,000 @ 0.25% – 0.75% of the sale price

£500,001 – £1,000,000@0.2% – 0.75% of the sale price

From £1,000,001@0.15% – 0.75% of the sale price

If it is a Leasehold, we will add another £300 + VAT.

VAT on Legal Fees Legal Fee @ 20%
File Administration Fee £25 + VAT = £30.00
Other Costs
Title Documents £7.00 + VAT each document
Telegraphic Transfer fee £45.00 + VAT = £54.00 for each CHAPS payment

£15 + VAT = £18.00 for each Faster Payments
Bankruptcy Search £7.00 + VAT per name

For Seller(s), Buyer(s) and Giftor(s) if any

If company then companies search apply within the range of £30.00 + VAT.

 

 

Re-mortgages   

Legal Fees If it is a high street lender and freehold property, we typically charge £750.00 + VAT.

If the property is Leasehold, we will add another £300 + VAT.

If we are required to deal with lender solicitor’s enquiries, a specialist lender or a bridging loan we will provide you a quotation upon receipt of your enquiry.

VAT on Legal Fees @ 20%
File Administration Fee £25 + VAT
Other Costs
Title Documents £7.00 + VAT for each document
Legal Searches This will depend on the lender’s instruction.

If required we will provide you a quotation, this is usually between £400 to £600 + VAT
Telegraphic Transfer fee £45.00 + VAT per transfer

£15 + VAT = £18.00 for each Faster Payments
Bankruptcy Search £7.00 + VAT per name

For Seller(s), Buyer(s) and Giftor(s) if any
OS Priority Search £7.00 + VAT per title

 

Assumptions

The above examples assume the following:

  • That the title to the property is registered with the Land Registry.
  • That our investigations do not reveal any unexpected legal issues which will need to be resolved prior to exchange of contracts. If there are we will provide you with an updated fee quotation as soon as possible.
  • That there are no other usual complications.
  • That we receive clear and timely instructions from you.

Exclusions

As part of a typical conveyancing transaction, the following would not form part of the scope of our work:

  • Taxation advice
  • Planning advice
  • Advice relating to or the preparation of a Declaration of Trust or similar document to govern your co-ownership of a property with anyone else.

If applicable, in consultation with you, we shall obtain such additional advice as required from appropriately qualified third parties.

If you wish to discuss our fee structure, or any matter, please do not hesitate to contact us at enquiries@burlingtons.group or, alternatively, please contact any of our above fee earners directly for further information.