Residential conveyancers: ‘We’re working three years ahead of reforms’

We’ve been promised buying and selling reform by the end of the current parliament. If we swerve a snap general election, that means change will be in place by 9th July 2029. An ambitious goal? Absolutely, given how long the Renters’ Rights Act took to gain Royal Assent.

We know there will be a phased introduction. For example, it’s likely sales packs will be mandated way before early binding agreements. The timing is sketchy even within Government. The official MHCLG statement says: Sales packs will be mandated when Parliamentary time allows, although we are working with industry to identify information that can be voluntarily provided immediately to support more efficient transactions and help sector professionals, including estate agents, adjust in anticipation of legislation.

The word ‘voluntary’ is used liberally in the published roadmap. The industry is being asked to unofficially prepare consumers ahead of a law change but who should lead the charge? If you’re an estate agent worried you might have to reinvent your own practice without support, relax. Help is here.

Legal teams leading the way

Residential conveyancers are at the front of the pack. Usually when you speak to a cross-section of industry professionals, you get differing opinions. Not on the matter of buying and selling reforms. Every single representative I spoke to fully supported the Government’s direction. Not only that, they used the same phrases and shared the same goal, presenting a completely united legal front.

Conveyancers agree a collaborative, collective approach is needed.”

The Government itself says this exercise is a ‘once in a generation’ reform. It can roughly be split into two objectives: educate the general public and reform industry processes. On the former, conveyancers agree a collaborative, collective approach is needed. The messaging? It must major on the benefits as we’re essentially turning buying and selling on its head.

Changing consumer perceptions

“A successful reform programme will require a clear public education campaign,” says Janine Wellington at Convey Law. “Consumers need to understand that providing information upfront is not an additional burden but a proven way to reduce delays, uncertainty and failed transactions.”

It’s an idea shared by Ben Ridgway at iamproperty: “Government, conveyancers, agents, surveyors, lenders, portals and technology providers should reinforce the same message. A coordinated public-awareness campaign would help prevent conflicting information and help drive change faster.”

Yet completely reworking how people buy and sell isn’t as straightforward as a one off media blitz covering newspapers, radio and online. The most recent English Housing Survey revealed homeowners with an outstanding mortgage move an average of every 8.9 years. Homeowners without a mortgage stay put for 23.7 years.

Missing the mark

A public campaign that lasts two, even three years, will be of no meaning to settled homeowners. That places the education burden on agents and conveyancers, who’ll be intercepting the public in the 2030s.

Transactional nuances only matter when someone is actively buying and selling. Even then, people heavily rely on professionals. And when completion happens, retaining details on conveyancing practices isn’t high on anyone’s list.

This is something Rob Gurney at Ochresoft has been mulling over: “Conveyancing is often misunderstood and the current process is already unfamiliar to many. Telling consumers that the process has changed is unlikely to shift perspectives.”

Instead, Rob’s focus is on who educates the general public, favouring estate agents: “With the vast majority of transactions, the agent interacts with the consumer first and the lawyer is instructed afterwards. Therefore, the new process should have been explained to the consumer by the time they get to conveyancing.”

And this is where there was one differing opinion among legal experts. “It could be argued that a conveyancer is, or will be, the first person a seller should talk to,” says Muve’s David Jabbari. This is a reference to the push to instruct a solicitor as early in the transaction as possible – something already becoming more commonplace in the industry.

“Buying and selling reform is actually a massive opportunity for conveyancers to play a more dominant role in the sales process, given this requires a form of legal review to happen before a property is even marketed,” says David.

No time like the present

It’s in this ‘watching waiting’ part of the roadmap that many conveyancers are taking the lead and freely shifting their business models. David, like every contributor, is transitioning buyers and sellers by using future terminology, such as seller readiness, legal packs, upfront information, sales ready and early instruction. This is creating familiarity and persuading movers to start the upfront process before it’s legally required. You could say conveyancers have started the public charm offensive.

The voluntary phase is being used as an opportunity to prepare and test processes at ASAP. “Our industry must collectively explain why things are changing and, crucially, what consumers gain,” says the firm’s Richard Megson. “Legislation alone won’t alter consumer behaviours. We need to demonstrate that this simply isn’t another administrative request but something that can improve transactions.”

Active initiatives at ASAP include Buyer Information Packs, which were introduced following changes to Material Information guidance, and it’ll launch a ‘sales pack ready’ campaign explaining what will be required and how early preparation can reduce delays.

The shift has also begun at iamproperty. It launched ‘Sale Ready’ ahead of the reform announcement. Critically, iamproperty already enables the preparation of Material Information, searches and legal documentation from listing.

Certainty & speed behind consumer demands

“Sale Ready is giving agents a practical way to show what a more upfront transaction can look like today,” says Ben.

Results so far show agents have nothing to fear in shifting more responsibility to a seller earlier in the process: “In our recent tracker data, 54% of consumers said they would pay for a solution that would bring more information upfront and speed the transaction process up.”

This desire is not a one off either. Ochresoft’s research revealed consumers rank completing on time as their top concern. As such, 89% of sellers would instruct a conveyancer before listing for a faster sale and 71% would pay their conveyancer upfront for better data sharing.

In fact, the Ochresoft report challenges the long-held belief that early commitment from sellers is the issue. While 92% of conveyancers who predominantly see client-related barriers to early instruction, the consumer data no longer supports this argument.

Sentiment among the general public is positive, considering how Home Information Pack (HIP) failed. Some public pushback will stem from first-hand HIP experiences, while bad press surrounding the former initiative is enough to create hesitancy.

Putting the HIP debacle to bed

The Government has been humble enough to recognise where HIPs went wrong. Part of MHCLG’s reform preparation will include communicating how its approach builds on lessons learned from HIPs. The mention of trusted data sources and clear standards should foster confidence among agents. Even better, Janine feels consumers actually want this change, rather than have a poorly-hashed product foisted upon them.

“The comparison with HIPs is understandable but today’s market is very different,” says Janine. “Digital technology, Material Information requirements and consumer expectations have moved on significantly. The focus is now on providing meaningful information that helps buyers make informed decisions and transactions progress more efficiently.”

Erasing the legacy of HIPs and replacing it with something more constructive is a challenge Roxane Barker at Fix My Legals knows well: “There will inevitably be scepticism of the upcoming reforms because of HIPs. Not just among home movers but among solicitors too. The industry needs to demonstrate that this is not simply another upfront cost or administrative hurdle.”

Like others, demonstrating benefits isn’t something Fix My legals will do once reform has been mandated. The company has built its entire business on early engagement, transparency and proactive progression that cuts time to completion.

“The reforms align strongly with how we already operate,” adds Roxanne. “Fix My Legals is successful in demonstrating practical value to sellers and buyers. Our upfront searches have made a huge impact. We’re now regularly completing in around 76 days, which is well below the industry average.”

Working ahead of the reform roadmap

Conveyancing is transitioning movers to a new way of working. It’s clever groundwork born out of a shared frustration around transactions taking more than 100 days from offer to completion. If you’re an agent working with a forward-thinking conveyancer, you’re building early consumer awareness and futureproofing your agency.

Based on consumer sentiment and the volume of conveyancers championing front-loaded transactions, we might cut completion times before anything is mandated.”

Movers who buy into reforms now are the statics and case studies of the future. They’re paving the way for an easier pitch when you’re explaining to a seller in 2031 why they have to pay for a survey and searches before they get a ‘for sale’ board.

Is reform resistance overhyped? Probably. Based on consumer sentiment and the volume of conveyancers championing front-loaded transactions, we might cut completion times before anything is mandated. Now there’s a thought.