Labour’s promise to “shake up the homebuying system” has a familiar ring for many overburdened conveyancers — especially as the government’s new consultation overlooks several long-standing industry concerns.
Last week’s announcement of “the biggest shakeup to the homebuying system in this country’s history” echoed similar initiatives from the past. Back in 2018, the Conservative government launched a comparable plan, promising mandatory professional qualifications for estate agents, transparent data on conveyancers, improved technology, and more upfront information. This week’s reforms include - once again - mandatory qualifications for estate agents, transparent information about conveyancers, digital tools, and upfront information.
The consultation document itself concedes: “Previous attempts to improve the process did not deliver lasting change. We want to ensure future reforms are practical, enforceable, and built to last, and that both consumers and professionals can be assured that the system will change in a meaningful and sustainable way.”
Upfront Information and Digital Data
Under the proposed system, sellers would be required to provide more comprehensive upfront information — going beyond the current ‘material information’ requirement in property listings. This could include:
The government acknowledges that Home Information Packs (HIPs) - scrapped in 2010 - failed because of issues with trust, reliance, and outdated information. HIPs were considered expensive, unnecessary, and a drag on a fragile housing market. This time, data would come from trusted, regularly updated sources, with searches valid for six months and free refreshes offered by providers. However, Liz Ramsden, a residential property lawyer at Knights, warned that lenders require all searches (other than Land Registry pre-completion searches) to be less than six months old at the point of completion.
Ramsden explained: “The government can’t change this, as it’s a reasonable requirement that gives lenders confidence to offer mortgages, and lawyers must comply with their instructions. So, if it takes five months for a sale to be agreed, new searches will still need to be done. This previously caused problems with HIPs, as it was ambiguous whether the buyer or seller would be required to pay for this new search. In addition, some lenders don’t accept certain types of searches so, again, new ones would need to be commissioned.”
Measuring Performance and Transparency
The government also plans to publish conveyancers’ performance records to increase transparency for consumers. While this may sound positive, David Bridge, solicitor and board director at the Conveyancing Association, cautioned: “Who decides who leaves a review, and how do you guard against malicious ones? Even basic metrics like transaction times can’t be compared fairly unless they’re measured consistently and mandated. For example, a conveyancer acting for a client who wants to complete three months after exchange shouldn’t be judged against someone doing a same-day exchange and completion.”
Workforce Pressures and Fair Pay
Mark Slade, another Conveyancing Association board director, raised concerns about the shrinking pool of conveyancers, which leaves those remaining with excessive workloads.
He said: “We should be pushing for conveyancers to charge properly for the work they do, which will let them have a lower caseload, in turn reducing stress and allowing them to provide a better (and speedier) service. This would hopefully make it more attractive for more conveyancers to join the profession, which is desperately needed.”
A Call for Holistic Reform
Sarah Dwight, a Birmingham-based conveyancer and member of the Law Society’s conveyancing and land law committee, highlighted the emotional toll of the current system: “Buyers often call me full of excitement about buying their new home. By the end, it’s common for them to be relieved that the process is over. However much we try to reassure them and manage expectations, confusion about who does what, and delays in obtaining information from third parties, make it a difficult process.” She added: “The right reforms would help with these issues. But such reforms have to look at the whole process and not just part of it. Estate agents should be regulated. There needs to be more transparency in chains. It would be helpful for conveyancers to be instructed early in the transaction.”
Finally, Mark Evans, president of the Law Society and a high-street conveyancer for three decades, confirmed that Chancery Lane will seek views from members as it reviews the government’s proposals. The consultation remains open until 29 December.
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Source: Law Gazette
