Conveyancing
The conveyancing services we provide range from:-
- Residential sales and purchases
- Commercial sales and purchases
- Agricultural sales and purchases
- Gifting of property
- Leases
Residential / Commercial / Agricultural sales and purchases
Buying or selling property whether it be residential or commercial can be a complex process. Emrys Jones & Co will advise and guide you through the steps to be taken and will ensure that the process runs as smoothly as possible.
The work will be done by the firm’s Principal (see Home page).
Our fixed charges for acting for you in relation to conveyancing transactions but disregarding mortgages where there are additional points raised for compliance purposes but which a separate and additional charge will be made and depending on the nature of the points in the offer are as follows:-
| Value of Property | Fee |
| £0 – £250,000 | £500 - £1,000 |
| £250,001 - £500,000 | £1,000 - £1,500 |
| £500,001 plus | £1,500 – Discussion figure |
The above fees are based on a straight forward sale/purchase of a property that has good title and on the basis that there are no planning, environmental or occupation restrictions. The above do not of course take into account matters in relation to mortgages and any particular requirements of mortgagees that may only become apparent as and when a copy of the Mortgage Offer has been received by us.
If, however, additional steps need to be taken or if the matter becomes more complicated e.g. issues are raised in relation to the title of the property or the building is listed or unauthorised works have been carried out, our costs may exceed the figures shown above. If this is the case we will advise you on the estimated additional costs as soon as we become aware of any problem that arises.
The charges set out above are subject to VAT which is currently at the rate of 20%.
The timescale for dealing with purchasing a property/land is dependent upon our investigation of the title to the property, whether it is registered at HM Land Registry or whether it is unregistered title.
From receiving instructions up to and including completion the process is likely to take between 6 to 12 weeks. If there are any unforeseen circumstances the process could take longer. If that situation should occur we will keep you informed as to progress and resolution.
The timescale between exchange of Contracts and completion depends on the circumstances of the Seller and the Buyer and whether there is a simultaneous exchange and completion.
The process between exchange and completion could take between 1 to 4 weeks (depending upon the circumstances of the Seller and the Buyer) though it is possible to deal with a simultaneous exchange and completion if circumstances allow.
The fees set out above for purchasing a property cover the work in relation to the following services:-
- Receiving instructions from client/receiving Memorandum of Sale from selling agents.
- Reviewing purchase Contract and liaising with Seller’s Solicitors.
- Applying for Searches - Local Search, Water Authority Search, Environment Search, Chancel Search etc.
- Raising preliminary enquiries.
- Investigating the Seller’s title and matters affecting use of the property.
- Preparing a detailed report in relation to the title.
- Obtaining your signature to documents, agreeing a completion date and exchanging Contracts.
- Dealing with completion of the property and arranging for funds to be transferred.
- Dealing with registration of the property at HM Land Registry.
- Dealing with Stamp Duty Land Tax (for properties in England) / Land Transaction Tax (for properties in Wales).
In addition to the above mentioned costs there will be the following Disbursements payable:-
Disbursements in relation to purchasing a property
Search fees
- Local Search
This Search is made through the Local Authority to see what, if anything, is registered in relation to the property on the various Registers that they hold.
The price of this Search can vary depending upon the area in which the property is located. Each Local Authority charge different fees which also includes VAT at 20%.
- Water Authority Search
This Search will ascertain whether the property is connected to mains water and mains drainage and whether those services in connection with the property have been adopted by the local water and sewage authority.
The price of this Search can vary depending upon the area in which the property is located and also whether the property is residential or commercial. Each Water Authority charge different fees which also includes VAT at 20%.
- Environment Search
This Search will ascertain the nature of the conditions relating to the property i.e. the ground that it is built on, any particular matters that appear and whether the property is in a “radon affected area”.
The price of this Search can vary depending upon whether it is residential or commercial. The fee charged also includes VAT at 20%.
- Chancel Search
This Search is to establish whether or not the property is in an area where the Church has the right to make a claim for contributions from land owners towards the cost of maintenance and repair of the chancel of the Church. Some areas do, some areas do not. The standard fee for a Chancel Search is £24. However, the Search does offer the chance to have insurance so that if a claim is made it is covered by the insurers.
- Land Charges Search (if the property is unregistered)
This Search is made to check if any entries have been made on the property. The fee for this is currently £2 per name that is searched against.
- Registered Land Search (if the property is registered at H.M. Land Registry)
This Search is made to check if any entries have been made on the property. The fee for this is currently £3 per title that is searched against.
- Bankruptcy Search
This Search is made to check if a person is bankrupt. The fee for this is currently £2 per name that is searched against.
Land transaction tax / Stamp duty land tax
If you are purchasing a property Land Transaction Tax (which it is called in Wales) or Stamp Duty Land Tax (SDLT) (which it is called in England) may be payable in addition to our fees and any Disbursements. The rate of Tax payable on completion will depend upon the value of the property that is being purchased. This can be calculated using the HMRC’s website or if the property is located in Wales using the Welsh Revenue Authority’s website.
Land Transaction Tax/Stamp Duty Land Tax must be submitted within 30 days of completion, for which we require cleared funds into our Client Account beforehand.
Please click on the links below for full details referred to above:-
For properties in England:-
https://www.gov.uk/guidance/stamp-duty-land-tax-buying-an-additional-residential-propertyFor properties in Wales:-
https://gov.wales/higher-rates-land-transaction-tax-guideLang registry fees
When a property is purchased it is then registered at H.M. Land Registry in order that the name of the Purchaser(s) can be placed on the title.
Please see below a link to Land Registry fees.
The above is dependent upon whether the title of the property being acquired or sold has registered title. There are of course many properties in both England and Wales where the title has not yet been registered at H.M. Land Registry and e.g. on a purchase this is a necessary transaction after completion of the purchase for which further fees may be charged depending upon the complexities of the title.
At the present time H.M. Land Registry are taking between 9 to 12 months to deal with applications, whether it is already registered at H.M. Land Registry or whether it is unregistered title.
Telegraphic transfer fees
When monies need to be sent to the Solicitors acting for the Seller of the property you are purchasing, whether it be on exchange of Contracts or on completion, there will be a Telegraphic Transfer Fee charged which is currently at the rate of £28.08 (including VAT).
The timescale for dealing with selling a property/land is dependent upon preparation of Sale Contract, receiving paperwork and information from you to produce to the Buyer’s Solicitors and also dealing with any queries raised by the Buyer’s Solicitors.
From receiving instructions up to and including completion the process is likely to take between 6 to 12 weeks. If there are any unforeseen circumstances the process could take longer. If that situation should occur we will keep you informed as to progress and resolution.
The timescale between exchange of Contracts and completion depends on the circumstances of the Seller and the Buyer and whether there is a simultaneous exchange and completion.
The process between exchange and completion could take between 1 to 4 weeks (depending upon the circumstances of the Seller and the Buyer) though it is possible to deal with a simultaneous exchange and completion if circumstances allow.
The fees set out above for selling a property cover the work in relation to the following services:-
- Receiving instructions from client/receiving Memorandum of Sale from selling agents.
- Drafting and submitting Sale Contract and supporting paperwork to the Buyer’s Solicitors.
- Responding to Buyer’s Solicitors enquiries in relation to the paperwork supplied.
- Obtaining your signature to documents, agreeing a completion date and exchanging Contracts.
- Dealing with completion of the property.
- Transfer of funds to you and repayment of any mortgage.
- If there is a purchase and sale by you at one and the same time the arrangement of these matters to fall in with arrangements of others has to be made clear.
Disbursements in relation to selling a property
Title documents (if the property is registered at H.M. Land Registry).
- Office Copy Entries and Filed Plan currently charged at £6 per title.
- Office Copies of documents currently charged at £3 per document.
Fee for being sworn to a statutory declaration
If there is an issue in relation to the title of the property you may need to be sworn to a Statutory Declaration which is a legal document that contains a written statement about something that is true.
The standard fee to being sworn to a Statutory Declaration is £5.
If documents/plans etc are being exhibited to the Statutory Declaration there is an additional fee on top of £2 per exhibit.
Indemnity insurance
When selling a property you are required to produce Certificates to the Buyers of your property e.g. FENSA Certificates, Installation Certificates, Boiler Commissioning Certificates etc. If these are not available we can apply for Indemnity Insurance to cover the cost of these in case there is any claim made in the future.
Also if there are any issues in relation to access to your property e.g. you only have a right of way to the property we can apply for Indemnity Insurance to cover the cost of this also.
There are various other types of insurance that can also be applied for.
This would involve us writing to a specialist insurer setting the matter out to them and they would then provide us with a quote for the type of insurance requested which we will then forward to you for approval. You may of course wish to obtain a quote from your own Insurers.
Gifting of property (With no mortgage considerations or occupation considerations being taken into account)
We deal with gifting of property, whether it be residential property or commercial property (e.g. a farm).
We will advise you on the steps to take and whether you need to receive Accountants advice.
The work will be done by the firm’s Principal (see Home page).
Our fixed charges for acting on your behalf in relation to gifting of property are:- £500
The above fee is based on a straightforward gifting of property with no other considerations.
If, however, additional steps need to be taken or if the matter becomes more complicated e.g. issues are raised in relation to the title of the property our costs may exceed the figures shown above. If this is the case we will advise you on the estimated additional costs as soon as we become aware of any problem that arises.
The charges set out above are subject to VAT which is currently at the rate of 20%.
Disbursements in relation to gifting a property
Title documents (if the property is registered at H.M. Land Registry).
- Office Copy Entries and Filed Plan currently charged at £6 per title.
- Office Copies of documents currently charged at £3 per document.
Search fees
- Land Charges Search (if the property is unregistered)
This Search is made to check if any entries have been made on the property. The fee for this is currently £2 per name that is searched against.
- Registered Land Search (if the property is registered at H.M. Land Registry)
This Search is made to check if any entries have been made on the property. The fee for this is currently £3 per title that is searched against.
- Bankruptcy Search
This Search is made to check if a person is bankrupt. The fee for this is currently £2 per name that is searched against.
Fee for being sworn to a declararion of solvency
The standard fee to being sworn to a Declaration of Solvency is £5.
Land registry fees
When a property is gifted it is then registered at H.M. Land Registry in order that the name of the person to whom the property is gifted can be placed on the title.
Please see below a link to Land Registry fees.
Leases
We deal with letting of commercial premises including drafting new Leases or renewal of Leases.
The work will be done by the firm’s Principal (see Home page).
Our charges for acting for you in relation to a matter which falls within that category initially it is extremely difficult to give a fixed charge but as and when a matter develops a realistic assessment of costs should become possible for you to consider.
If, however, additional steps need to be taken or if the matter becomes more complicated our costs may exceed the figures shown above. If this is the case we will advise you on the estimated additional costs as soon as we become aware of any problem that arises.
The charges set out above are subject to VAT which is currently at the rate of 20%.
Land registry fees
https://www.gov.uk/government/publications/increase-to-hm-land-registry-fees/fees-review-2021-to-2022We will keep you updated on expenses throughout any of the matters that we undertake for you and let you know in advance what the expenses are likely to be.