From contracts and deeds to searches and surveys, buying a house involves a lot of paperwork.
It can seem overwhelming, but we’re here to simplify the process of buying a home by breaking down the key legal documents you’ll need throughout.
First, we’ll cover the legal documents you (as the buyer) must provide. Then, we’ll outline the crucial legal paperwork you should receive from the seller or your solicitor before the keys are finally in your hands.
With this checklist on hand, you will be fully prepared regarding the required legal documents when buying a house in the UK.
The legal documents a buyer needs to provide
First, let’s look at the legal documents you’ll need to gather as a buyer. Most of these are about proving your identity and funds. So if you can, prep as many as possible before you’re ready to put in an offer.
1. ID
When buying a property, one of the first things you’ll need to do is prove your identity. This is a crucial step due to Anti-Money Laundering (AML) regulations.
So, what documents can you use?
Generally, a valid photo ID like your passport or driving license, will do the trick. It’s always a good idea to check with your solicitor or conveyancer to confirm which specific documents they require, but these are the most commonly accepted forms of identification.
2. Proof of address
Along with proving your identity, you’ll also need to provide proof of your current address.
To prove your address, you’ll provide documents such as recent utility bills (gas, electricity, water, or council tax) or bank statements. These documents should be relatively recent, usually within the last three months, to ensure the information is up-to-date.
3. Proof of funds
Aside from proving you are who you say you are, you’ll have to verify that you have the funds available to buy the property.
The proof you need will vary depending on how you plan on financing the purchase.
If you’re a cash buyer, you’ll have to present bank statements and other financial documents to verify you have the purchase amount.
From 2004 to 2015, a staggering £180 million worth of properties were under investigation for corruption-related transactions (UK Parliament, 2019). As a precaution, you may also need to provide the source of the funds to comply with Anti-Money Laundering (AML) regulations.
If you’re buying with a mortgage, you must provide details about your chosen lender and the amount you’re borrowing through a mortgage deed.
The mortgage deed is a legally binding agreement that outlines the terms and conditions of your mortgage, including the borrowed amount, interest rate, and repayment schedule. Make sure you read it carefully before signing, as it details your obligations for the duration of your mortgage.
It also contains a “charge,” giving the lender a legal interest in the property, meaning they could repossess it if you fail to meet your repayment obligations.
We always make sure we get a mortgage in principle agreed as soon as we’re ready to make an offer. This way, we know how much we can offer, but are also prepared to start the process as soon as the offer has been accepted.
If you’re paying a deposit with the mortgage, you’ll also have to provide proof of the deposit amount in your bank account.
You may think these measures are overboard. But, a survey found that 1 in 6 Brits went as far as overstating their annual pay for increased mortgage application approvals (Cifas, 2024). As a result, more mortgage providers are stricter with transactions.
If you’re funding the purchase by selling a property, you must provide details of the sale, including the Memorandum of Sale.
4. Insurance policies
While not legally required, building insurance is almost always a requirement for mortgage lenders. If you’re financing your purchase, expect to produce insurance documentation to prove that you’ve taken out the right level of insurance.
5. Indemnity insurance
In some circumstances, your solicitor or conveyancer might recommend that you take out indemnity insurance. This insurance is designed to protect you from potential financial losses when a seller cannot provide a necessary building regulation certificate.
This missing paperwork could lead to problems in the future if the local authority decides to take action. Indemnity insurance steps in and covers the potential costs associated with such a claim. It essentially provides a financial safety net for specific, identified risks.
Lenders sometimes require it to secure a mortgage, so you’ll likely need to take out indemnity insurance if you’re buying a house.
It’s important to understand what indemnity insurance does and doesn’t cover. While it can protect you from the financial repercussions of legal issues, it typically won’t cover the cost of physically repairing or replacing the problem itself.
For example, if you are missing the installation certificate for the boiler and it breaks, the indemnity policy would address potential legal action, but it wouldn’t pay to fix or replace the boiler itself.
You’d receive these legal documents when buying a house in the UK
Now, let’s dive into the legal documents you’ll receive as a buyer. These are just as important as the ones you provide, so it’s crucial to understand what they are and why they matter.
6. Title deeds
Title deeds are the official legal documents that prove who owns, and previously owned, a property. Presently, title deeds are stored digitally by the Land Registry. Your solicitor will still provide you with a copy of the registered title.
This document is important as it proves that the owner of the house legally owns it and is in their right to sell.
7. Leasehold property documents
If you’re buying a leasehold property, you’ll also receive a copy of the lease, which is a legally binding agreement detailing the terms of your tenancy.
This document will include vital information such as the length of the lease, the ground rent you’ll be required to pay, and any service charges for the upkeep of the building and communal areas. It should also detail any planned increases to these charges.
Lease agreements are often in legal jargon, it’s not easy to determine the terms on your own. In fact, 70% of Welsh homebuyers did not fully understand their leasehold property documents at the time of purchase (Karr et al., 2021). Many homeowners later found out they could not carry out certain renovations without permission.
To avoid any confusion, I’d recommend having your lease agreement explained to you by your solicitor.
Finally, alongside the lease, you should also receive a lease plan for your property.
8. Transfer deed
The transfer deed might be one of the most important legal documents when buying a house in the UK. Sometimes called the deed of conveyance, this document officially transfers ownership of the property from the seller to you, the buyer.
Transfer deeds have to be signed by both you and the seller, and dated upon completion of the sale.
It’s then registered with the Land Registry, which publicly records your ownership, providing legal certainty and protecting your interests.
Along with the transfer deed, you’ll also receive a copy of the new title register with your name on it, further confirming your ownership and detailing any conditions attached to the sale or restrictions that apply to the property.
For example, it might include details of existing planning permission for future development. Keep these documents safe, as they’re your primary evidence of ownership.
9. A Property Information Pack (PIP)
A PIP pack contains useful documents and information about the property you are buying, and all the solicitor’s searches, including:
Energy Performance Certificate (EPC)
This certificate rates the property’s energy efficiency on a scale from A (most efficient) to G (least efficient). It also provides estimated energy costs and a summary of the property’s energy performance features.
The EPC is a legal requirement that helps you understand potential utility bills and identify areas for energy efficiency upgrades.
Landfill search
This search reveals the presence of any landfill sites in the vicinity of the property.
Water and drainage search
This document provides information on the water and drainage services connected to the property.
Local authority search
This search details any planning permission or building regulation applications related to the property.
Depending on the specific circumstances, the PIP might also include other relevant documents, such as the leasehold pack for leasehold properties or reports from structural surveyors.
10. The Property Information Form (TA6)
The Property Information Form (TA6) is like a detailed snapshot of the property’s features and history, designed to prevent misunderstandings after the sale is final.
It outlines the following:
Boundaries
These are clear details about the property’s boundaries, helping to avoid potential disputes with neighbours.
Utilities
Focus on the location of gas, electricity, and water meters. It also includes information about connections and suppliers.
Ongoing disputes
Disclosure of any existing disputes related to the property, such as neighbour disagreements or legal issues.
Fixtures and fittings
A clear list of what fixtures and fittings are included (or excluded) in the sale, preventing confusion about items like appliances, curtains, or light fixtures.
Boundary fencing responsibilities
A clear confirmation of who is responsible for maintaining which boundary fence.
The seller is legally obligated to provide the TA6 and should include as much supporting evidence as possible. This form is a valuable resource, so take the time to review it carefully and ask your solicitor about anything you don’t understand.
11. Fittings and Fixtures Form (TA10)
The Fittings and Fixtures Form will outline what items are included in the property sale and what the seller intends to take with them.
It covers everything from:
- light fixtures,
- curtains,
- flooring,
- white goods (like refrigerators and washing machines),
- and even garden plants.
In fact, in the Fittings and Fixtures Form I received for one of our purchases, we learned that the sellers intended to bring with them two strawberry plants from the garden.
As a buyer, you should make sure you’re satisfied with what the seller plans to leave behind. If anything is unclear, or if you have any concerns, raise them with your solicitor immediately.
12. Survey
Although building surveys aren’t a legal requirement, they are highly recommended to provide insights into the property’s condition. They can save you from potential headaches (and expenses) down the road.
The surveyor will assess the property by looking for structural issues, defects, or areas that require repairs or alterations. They’ll then compile their findings into a detailed report, outlining any problems they’ve identified.
This report is a goldmine of information, giving you a clear picture of the property’s condition before finalising the purchase.
You’ll want to hang onto this report. Not only does it serve as a record of the property’s condition at the time of purchase, but it also provides a helpful to-do list for any necessary repairs or maintenance you might need to address after moving in.
The survey can also be a valuable tool for renegotiating the purchase price if significant issues are uncovered.
There are different types of surveys that you can take out, all of which provide varying levels of detail.
Usually, we’d recommend taking out a Homebuyers Report, which gives a good overview of the property’s condition. If a concern is flagged on that report, you can conduct more comprehensive or specialised surveys for in-depth insights.
For more information about the different types of surveys available, explore our blog: 6 Different Types Of House Surveys In The UK.
13. Warranties and guarantees
Your solicitor should provide you with available warranties or guarantees for any of the building works or new installations (like plumbing or electrical systems). This also applies to treatments for issues like woodworm.
If the seller has installed double glazing, they should provide a FENSA certificate to confirm compliance with building regulations.
They are used to prove that the work was carried out to the right standards, and also provide a level of assurance that if something goes wrong, you have it fixed.
If the property is a new build or less than 10 years old, you should receive copies of the Buildmark (NHBC) warranty or similar new-home policy documents.
These warranties are designed to protect you against defects in the property for a specified period, typically covering structural issues and other major problems.
Further down the line, if you sell your home, your property with warranties and guarantees will sell for around £3000 more and will be off the market at least 2.5 days faster (Contat & Baller, 2020).
14. Contract
This is the important one. It’s the legally binding agreement that outlines all the terms and conditions of the sale, solidifying the agreement between you, the buyer, and the seller. A draft contract is initially prepared by the seller’s solicitor and presented to you for review and signing.
Once you and the seller are both in agreement with the terms and the contract is signed, your solicitors will be able to complete the sale.
15. Stamp duty receipt
Stamp Duty Land Tax (SDLT) is a tax you’ll likely need to pay when buying a property in the UK. The amount of SDLT depends on the purchase price and whether you qualify for any relief, such as the first-time buyer discount.
Your solicitor will typically handle the calculation and payment of your SDLT, ensuring it’s paid within 14 days of completion.
You should receive a stamp duty receipt from your solicitor within 30 days of completion. This receipt serves as official proof that you’ve paid the necessary tax. It’s a vital document, as HM Revenue and Customs (HMRC) will verify this receipt when registering the transfer of ownership.
Without it, the registration process could be delayed. So, make sure to keep this receipt safe and readily available.
Your solicitor will usually complete a Stamp Duty return form for your approval, detailing the calculated tax amount. Once approved, they will file the return with HMRC and pay the tax on your behalf.
Preparation is key for purchasing a property
Navigating a house sale can feel overwhelming, but knowing exactly what to expect and preparing by understanding the legal documents when buying a house in the UK will make the conveyancing process less daunting and confusing.
Remember, your solicitor is your guide through this process, so don’t hesitate to lean on their expertise and seek clarification on anything you’re unsure about.
For any other property questions, news, or advice that’s right up your street, make sure you keep up to date with Property Road.
