Home buying reform 'creates additional legal work that must be properly priced', conveyancers say

The Conveyancing Association (CA) has submitted its responses to government consultations on reforming the home buying and selling process and on the provision of material information in property listings.

The two consultations, which closed at the end of December, focus on improving transparency for buyers, reducing delays and fall-throughs, and modernising how property transactions operate in England & Wales.

In its responses, the CA made clear its support for reform, while setting out a number of key safeguards it believes are essential to protect consumers and ensure conveyancing firms can operate sustainably.

These include the need for clearer and earlier provision of property information, but with firm limits on scope and liability for conveyancers, and recognition that "upfront information creates additional legal work that must be properly priced and resourced".

This is in contrast to a previous statement by an industry-wide Coalition set up to coordinate and progress the various live initiatives seeking to enable a digitally-driven property market. The Open Property Coalition predicts that tech solutions are likely to lead to "lower legal fees, thanks to a more competitive, efficient conveyancing market"

The CA has also stressed the importance of sellers instructing conveyancers at the very start of the process, before a property is marketed, to identify legal issues early and reduce the risk of delay or failure later in the transaction.

Central to the CA’s responses are calls for standardised, trusted property data, shared through digital systems and property logbooks, to reduce duplication and improve confidence in the information relied upon by all parties. The Association has emphasised these systems must be interoperable, portable and supported by clear rules on data use and responsibility.

The CA has further highlighted the need for mandatory qualifications and effective regulation of estate agents, alongside meaningful enforcement, to ensure consistent compliance and a level playing field across the sector.

The responses also underline the importance of a "phased and realistic implementation period" to avoid unmanaged risk and unintended consequences for conveyancing firms.

Nicky Heathcote, non-executive chair of The Conveyancing Association, said: “Both these government consultations go to the heart of how homes are bought and sold, and conveyancers have a critical role in making any reform work in practice. Our responses support greater transparency and earlier information, but they also make clear reform must be fair, enforceable and grounded in how transactions actually operate. If these changes are implemented properly, they can reduce stress for consumers and create a more stable and sustainable environment for conveyancing firms.”

Beth Rudolf, director of delivery at The Conveyancing Association, commented: “Our responses focus on the practical delivery of reform. Upfront information and material information has created a massive improvement where member firms have adopted them - reducing transactions times to seven weeks and fall throughs by 60%. But the industry will need complete clarity on scope, liability and data reliability, and if conveyancers are involved at the right point in the process. This is not simply a case of moving work earlier; it creates additional legal work that must be recognised, costed and supported by standardised data and digital systems. Without clear enforcement, shared standards and early instruction of conveyancers, the benefits these consultations seek will not be fully realised.”