Scottish conveyancing is fundamentally different from England and Wales. Different law, different terminology, and — crucially — a system where offers are legally binding much earlier in the process. Here's everything you need to know.
Key Differences from England & Wales
Before a property can be marketed in Scotland, the seller must commission a Home Report containing three documents: a Single Survey (RICS Level 2/3), an Energy Performance Certificate (EPC), and a Property Questionnaire. Buyers receive this before making an offer — reducing the need to pay for a separate survey.
When a buyer is interested in a property, their solicitor notes interest with the selling agent. This signals intent to bid and means the seller must notify you before accepting an offer — giving you a chance to bid. It creates no legal obligation on either party.
In Scotland, offers are made by solicitors in writing and contain much more detail than verbal offers in England — they specify price, date of entry (completion), what's included, and conditions. For "offers over" properties, a closing date is set and sealed bids submitted by all interested parties simultaneously.
Missives are the formal letters exchanged between the two solicitors to negotiate and agree the full terms of the sale. The process involves an offer letter, qualified acceptance, and further qualifications until all points are agreed. Once missives are concluded (fully agreed), both parties are legally bound — no gazumping, no pulling out without financial penalties.
Scottish property searches are similar in scope to England but provided differently. Key searches include: property enquiry certificate (from the local council), coal mining searches (where relevant), and searches of the Registers of Scotland. Unlike England, many searches happen after conclusion of missives.
The seller's solicitor prepares a Disposition — the Scottish equivalent of the Transfer Deed — transferring ownership. On the date of entry (completion), the buyer's solicitor sends the purchase funds. The seller's solicitor releases the keys. Ownership passes at this point.
The buyer's solicitor registers the Disposition at Registers of Scotland (the equivalent of HMLR). Until registration is complete, the title is not legally transferred on the register — though the keys have been handed over.
| Feature | Scotland | England & Wales |
|---|---|---|
| Legal system | Scots Law (Civil law tradition) | English Law (Common law tradition) |
| Pre-sale survey | Home Report — mandatory, provided by seller before marketing | No requirement; buyer commissions their own survey |
| Binding contract point | Conclusion of missives | Exchange of contracts |
| Gazumping possible? | No — once missives concluded, both parties bound | Yes — until exchange |
| Property tax | Land and Buildings Transaction Tax (LBTT) | Stamp Duty Land Tax (SDLT) |
| Transfer document | Disposition | Transfer Deed (TR1) |
| Land registration | Registers of Scotland (RoS) | HM Land Registry (HMLR) |
| Timing | Typically 6–12 weeks from offer to date of entry | Typically 8–16 weeks from offer to completion |
📋 Single Survey
A RICS survey of the property rating condition from Category 1 (no action) to Category 3 (urgent action required). The survey also provides a market valuation that buyers can share with their mortgage lender.
⚡ Energy Performance Certificate
Rates the energy efficiency of the property from A (most efficient) to G (least efficient). Scotland has stricter energy efficiency requirements than England for rental properties.
📄 Property Questionnaire
Completed by the seller — similar to the TA6 in England. Covers council tax band, factoring (management) charges, parking, alterations, and known issues.
The Home Report is paid for by the seller, typically costing £500–£800. It's valid for 12 weeks from the date it's provided to a buyer — if the property takes longer to sell, it may need to be refreshed.
Scotland's property tax — LBTT — has different bands from England's SDLT:
| Band | Standard Rate | First-Time Buyer Rate | Additional Property (+6%) |
|---|---|---|---|
| Up to £145,000 | 0% | 0% (threshold £175,000) | 6% |
| £145,001–£250,000 | 2% | 2% (above £175k) | 8% |
| £250,001–£325,000 | 5% | 5% | 11% |
| £325,001–£750,000 | 10% | 10% | 16% |
| Over £750,000 | 12% | 12% | 18% |
| Cost Item | Buyer | Seller |
|---|---|---|
| Solicitor's legal fees | £1,200–£2,500 | £800–£2,000 |
| Home Report | Free (provided by seller) | £500–£800 |
| Registers of Scotland registration | £60–£280 (scales with price) | N/A |
| Property searches (enquiry certificate) | ~£100–£250 | N/A |
| LBTT | Depends on price and buyer type | None |
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