The Conveyancing Association has confirmed it has submitted detailed responses to the government consultations on reforming the home buying and selling process and on material information in property listings, both of which closed at the end of December.
The consultations, led by the Ministry of Housing, Communities & Local Government, examine how transactions in England and Wales could be modernised, with a focus on improving transparency for buyers, reducing delays and lowering the risk of fall-throughs.
The Association said its responses were developed following extensive engagement with member firms, including an online roundtable and a member survey, to ensure the practical experience of conveyancers was fully reflected.
While supporting the direction of reform, the Conveyancing Association has set out a series of safeguards it believes are essential if change is to be delivered fairly and sustainably. Central to this is the need for clearer and earlier provision of property information, balanced by firm limits on the scope of conveyancers’ responsibility and liability.
The Association has also emphasised that upfront information creates additional legal work, which must be properly priced and resourced, rather than simply shifted earlier in the transaction without recognition of the impact on firms.
A key theme in the responses is the importance of sellers instructing conveyancers at the very start of the process, before a property is marketed. The Association argues this would allow legal issues to be identified earlier, reducing the risk of delays or failed transactions later on.
The Conveyancing Association has also called for standardised and trusted property data, shared through digital systems and property logbooks, to reduce duplication and increase confidence in the information relied upon by all parties. It has stressed that any such systems must be interoperable and portable, with clear rules on data use and responsibility.
Alongside this, the Association has highlighted the need for mandatory qualifications and effective regulation of estate agents, supported by meaningful enforcement, to ensure consistent compliance across the sector.
The responses further underline the importance of a phased and realistic implementation period, with early engagement from professional indemnity insurers, to avoid unmanaged risk and unintended consequences for conveyancing firms.
Nicky Heathcote (pictured), 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.”
