Professional guidance for when you’re buying, selling or remortgaging your home or business

Young Couple Buying HouseProperty purchase is usually the greatest single financial commitment that a person will undertake. Given the importance of the transaction it is crucial to have the very best professional guidance when navigating the complexities of the legal system regulating the sale and purchase of property.

At Byrne Frodsham & Co the property specialists are Charles Asbury and Marion O’Donovan.

Whether you are buying, selling or remortgaging your home or business, we will give you the support you need in conveyancing matters. Particularly in today’s sensitive markets our team has the experience expertise and astute business acumen to ensure you gain the best terms available and to provide full protection.

How to minimise the stress of buying and selling property

Buying Selling PropertyBuying and selling property is high on the psychiatrists stress list and for many good reasons. It is said to be the third most stressful activity after bereavement and divorce. For this reason you should have well qualified and experienced representatives to guide you through the difficulties and we at Byrne Frodsham & Co can deal with that.

There are many issues that need careful examination. For example, is the title in order and does the seller have the legal right to sell the property? Are the boundaries in order or are there any disputes with adjoining owners? Will the property be subject to a Compulsory Purchase Order to make way for new roads, runways, or other developments? Are there any restrictive covenants that will prohibit use or development in the future? What fixtures and fittings and other items are to be included?

We will ensure that all the procedures are executed as efficiently and speedily as possible. We contact the Estate Agents, and the other parties Solicitors, to obtain, examine and evaluate the relevant documents, and we carry out all necessary searches to ensure that the property is not affected by anything detrimental.  We keep you fully informed of important developments as matters proceed.

Full written estimates of all costs will be provided which show not only the cost of the sale and or purchase and any mortgage, but also payments that have to be made in the course of the transaction such as Vat, search fees, stamp duty and Land Registry fees.

There are other considerations when you are buying a different type of property. In Flat purchases we will check your access rights, who owns and maintains the building, gardens, garages, roof, common parts etc. We will ensure that you are as aware as possible of the extent of the service charges and insurance costs.

Our fees in relation to these matters are as follows:

Sale transactions: from £445.00 plus VAT
Purchase transactions : from £475.00 plus VAT

With regard to the sale of a property other fees/disbursements would include the fee for obtaining a copy of the Register of Title and plan from the Land Registry at £6.00.  If the property is leasehold  a Leaseholders Pack may have to be supplied.  In addition if the property also has a  Management Company a Management Pack may have to be obtained and supplied to the buyers  solicitors. These fees vary depending on which Landlord/Management Company is involved and can be anything up to  £300.00 to £450.00.

In the case of a property purchase other fees/disbursements  are payable with regard to searches and an example of search fees are as follows:

Search fees

Local Search £126.00. This fee is will vary dependant upon which local authority the property is located.

Chancel Check search £24.00.  This search is to ensure that the property is not at risk of chancel repair liability and relates to all areas of the country.

Drainage Search £54.59.  Again this fee will vary dependant upon which Drainage and Water supplier the property is located.

All in One Environmental Search £93.96. This fee includes properties located within a coal mining area.  If a property is located outside a coal mining area the fee are reduced.

Pre-completion searches – Land Registry Search  £3.00 and Land Charges Search £2.00 per name.

Land Registry fees

Land Registration fees.  The  fee payable when registering your title on a purchase is dependent upon the price paid and whether the property is registered or unregistered title.  For example the purchase of a registered property the price paid being between £80,000 and £100,000 the fee would be £40.00.  If the same property was  unregistered title the fee would be £80.00.

Stamp Duty Land Tax

Stamp Duty Land Tax may also be payable depending on the price paid and the circumstances of the individual.  For example, if you are a first time buyer, never having owned a property before,  reliefs are available and it may be that  you may  not need to pay stamp duty.  Also if the value of the property is below £125,000 you would not pay stamp duty.  If the price paid is above £125,00 then stamp duty is payable according to HMRC’s scale.  If your purchase is of a second property, for example a buy to let, then the higher rates of stamp duty would be payable.   You can calculate the amount payable by using the calculator on HMRC’s website or if the property is located in Wales the Welsh Revenue Authority’s website.

Where the property being purchased has a leasehold title there may be fees to pay to the landlord/management company for Notice of Transfer/Mortgage, Deed of Covenant, Consent to Transfer or a Compliance Certificate.  These charges can range from £50.00 to £350.00.