The home buying and selling process should be streamlined, but not in a way that risks unintended consequences for the wider property market, according to the Law Society of England and Wales.
The representative body for solicitors has submitted responses to the Ministry of Housing, Communities and Local Government consultations on reforming the home buying and selling process and on the provision of material information in property listings.
The Law Society said its submissions were informed by extensive engagement with its members, reflecting the practical realities faced by conveyancers operating across the market.
Law Society president Mark Evans said: “We share the government’s objective of a more reliable home buying and selling system, driven by informed consumers, innovative technology and high-quality professional services that ensure strong consumer protection.
“We are pleased to see recognition that there is no silver bullet to improve the process, rather a need to streamline multiple parts of it without disrupting the property market in a negative way.
“The role of the conveyancer has expanded enormously over recent years through the introduction of multiple regulatory and legislative requirements, and many aspects of the role have become more challenging.
“Those who provide this essential service, which sometimes can be difficult and frustrating for all parties, should be assisted by the development of a more streamlined and less stressful process.
“Technology can have a significant role to play in improving the conveyancing process, but it is just one part of it. Improving technology without addressing other factors, especially the increase in regulatory burdens, will not deliver real gains for the public or conveyancers.
“The government’s consultation proposals lack detail and therefore make it difficult to comment on how valid and workable they are. It is vital that further consultations take place when these proposals are developed further.”
MATERIAL INFORMATION
Commenting specifically on proposals around material information in property listings, Evans said the Law Society supported the underlying aim of improving transparency, but cautioned against overstating its impact.
He said: “We support the objective of improving transparency and consumer understanding in residential property transactions. However, our evidence strongly suggests that material information alone will not resolve the structural causes of delay or failed transactions in the home buying and selling process.
“Delays and transaction failures are rarely caused by a lack of information at listing stage alone. They more commonly arise from late discovery of legal or financial issues, inconsistency of data, and a lack of early professional verification.
“Any reform should initially focus on limited, high-quality material information, improvements within the existing estate agent framework, and realistic lead-in periods that allow the market to adapt.”
In its wider response, the Law Society stressed that reform should not favour particular firm structures over others, warning that both independent SME firms and larger national practices must be able to adopt any new requirements in a sustainable way.
It also called for further consultation, including the opportunity to pilot and refine new processes before they are implemented at scale.
The body backed stronger government intervention to raise standards among estate agents, arguing that the absence of a consistent, enforceable baseline of qualifications and professional standards undermines trust in information provided at the marketing stage.
It also warned against attempts to define material information as a single, standardised checklist, noting that the relevance of information can vary significantly depending on the buyer and the stage of a transaction.
Finally, the Law Society said regulatory burdens on conveyancers should be minimised to improve the attractiveness and resilience of the profession, highlighting particular challenges faced by sole practitioners and SME firms around technology adoption, digital skills and investment in LawTech.
