The Conveyancing Association has submitted its response to government proposals to modernise the home buying and selling process in England and Wales, backing the principle of reform but warning that change must be phased, properly resourced and supported by clearer rules on liability.
The trade body confirmed it had filed detailed submissions to consultations on transaction reform and on “material information” in property listings, both led by the Ministry of Housing, Communities and Local Government and closed at the end of December.
The consultations focus on increasing transparency for buyers, shortening timescales and reducing the number of failed transactions.
The Association said its position was shaped by extensive engagement with member firms, including roundtables and a sector-wide survey, to reflect the day-to-day realities faced by conveyancers.
STANDARDISED DATA
While supportive of earlier provision of information to buyers, the Association has called for firm limits on the scope of conveyancers’ responsibility and liability to avoid open-ended risk exposure.
It also stresses that moving work to the start of a transaction creates additional legal effort that must be recognised in pricing, rather than simply being absorbed by firms.
A central recommendation is that sellers should instruct conveyancers before properties are marketed, allowing potential legal issues to be identified earlier and reducing the likelihood of delays or fall-throughs later in the process.
The Association is also pressing for standardised, trusted property data to be shared digitally via interoperable systems and property logbooks, with clear rules on data ownership, responsibility and use. It argues this would cut duplication, improve accuracy and increase confidence among buyers, lenders and professionals.
MANDATORY QUALIFICATIONS
Alongside digital reform, the body has urged the introduction of mandatory qualifications and more robust regulation of estate agents, backed by meaningful enforcement, to ensure consistent standards across the market.
It has also called for phased implementation and early engagement with professional indemnity insurers to ensure new requirements do not create unmanaged risk for firms, warning that poorly sequenced reform could have unintended consequences for the conveyancing sector.
CRITICAL ROLE
Nicky Heathcote, non-executive chair of The Conveyancing Association, says: “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.”
INDUSTRY NEEDS CLARITY
Beth Rudolf, director of delivery at The Conveyancing Association, adds: “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.”
