⚠️ Important: Scottish property law is governed by Scots law and is distinctly different from the law in England and Wales. You must use a Scottish-qualified solicitor for property transactions in Scotland. English conveyancers cannot act in Scottish property matters.
How is Scottish Conveyancing Different?
Scotland has its own legal system, which means the process for buying and selling property is fundamentally different from England and Wales. The key differences are:
- Home Reports — sellers must commission a Home Report before marketing (not a buyer's survey)
- LBTT not SDLT — Land & Buildings Transaction Tax replaces Stamp Duty
- Missives — the contract process uses formal letters, binding both parties earlier
- Scottish solicitors — only Law Society of Scotland solicitors can handle Scottish property transactions
- Offers Over — many properties are listed with an "Offers Over" price, requiring a closing date process
The Home Report Explained
In Scotland, sellers are legally required to obtain a Home Report before marketing a property. This consists of three documents:
Single Survey
A professional RICS survey of the property, rating condition on a scale of 1–3 and providing a valuation. Similar to a Level 2 Homebuyer Survey in England.
Energy Report
An Energy Performance Certificate (EPC) rating the property's energy efficiency from A (most efficient) to G (least efficient).
Property Questionnaire
Completed by the seller — providing information about the property including council tax band, parking, and any alterations made.
Home Report Costs
| Property Value | Home Report Cost |
|---|---|
| Up to £100,000 | £450 – £550 |
| £100,001 – £250,000 | £550 – £650 |
| £250,001 – £500,000 | £650 – £800 |
| Over £500,000 | £800 – £1,200+ |
💡 For buyers: You are entitled to request the seller's Home Report before making an offer. In most cases, this is provided free or for a nominal admin fee (£10–£20). This means many buyers do not need to commission their own survey, as the Home Report Single Survey can be relied upon — though additional specialist surveys (structural, damp) may still be advisable.
Land & Buildings Transaction Tax (LBTT)
In Scotland, property purchases are subject to Land & Buildings Transaction Tax (LBTT) — not Stamp Duty Land Tax (SDLT) which applies in England. The rates and thresholds are different:
LBTT Rates for Residential Property
| Purchase Price Band | LBTT Rate |
|---|---|
| Up to £145,000 | 0% (nil rate band) |
| £145,001 – £250,000 | 2% |
| £250,001 – £325,000 | 5% |
| £325,001 – £750,000 | 10% |
| Over £750,000 | 12% |
💡 Additional Dwelling Supplement (ADS): If you are purchasing an additional residential property in Scotland (e.g., a buy-to-let or second home), an Additional Dwelling Supplement of 6% applies to the full purchase price (as of April 2024). This is equivalent to the higher rates surcharge in England.
LBTT First-Time Buyer Relief
First-time buyers in Scotland can claim LBTT relief that raises the nil-rate threshold from £145,000 to £175,000. This means first-time buyers purchasing up to £175,000 pay no LBTT. The maximum relief available is £600.
The Scottish Buying Process — Step by Step
Instruct a Scottish Solicitor
Appoint a Law Society of Scotland regulated solicitor before you begin viewing properties seriously. In Scotland, solicitors often help clients find properties as well as handle the legal work.
Note Interest
When you find a property you like, your solicitor "notes interest" with the seller's solicitor. This means you'll be notified if a closing date is set. Noting interest doesn't obligate you to bid.
Review the Home Report
Request the seller's Home Report. Review the Single Survey for condition ratings and the valuation. Your solicitor will advise if anything in the report gives cause for concern.
Make an Offer (Closing Date)
If multiple parties are interested, the seller may set a closing date — a fixed time by which all offers must be submitted. Offers are sealed and typically above the "Offers Over" price. Your solicitor prepares the formal offer.
Exchange of Missives
If your offer is accepted, solicitors exchange formal letters called "missives." Once missives are concluded (all terms agreed), both parties are legally bound — this is earlier in the process than "exchange" in England.
Settlement (Completion)
On the settlement date, your solicitor transfers funds to the seller's solicitor. The keys are released and you collect them. Unlike England, there is typically no "chain" delay — Scottish completions often occur on the agreed date.
Scottish Solicitor Fees
| Transaction | Solicitor Fee (excl. disbursements) |
|---|---|
| Purchase | £900 – £1,800 |
| Sale | £750 – £1,400 |
| Purchase + Sale | £1,400 – £2,800 |
Disbursements include Land Register of Scotland registration fees, LBTT returns, and searches (typical: £350–£600 on top of solicitor fees).