The government’s plans to reform the home buying and selling process signal a shift towards a quicker, more transparent system – a step that Law Society president Mark Evans says is long overdue in a sector plagued by delays and complexity. But, he adds, while the overall direction is positive, significant questions remain about how proposed changes will work in practice and whether they can be delivered effectively. Success, he says, will depend on detailed consultation with conveyancers and other industry experts, along with realistic timelines and careful implementation.
The government’s commitment to reforming the homebuying and selling process is an important and welcome step. For too long, conveyancing has been overly complicated and bureaucratic. Because of this, some people have faced delays and uncertainty when moving home. We agree with the ambition to create a faster, more transparent and efficient system.
The Law Society has long called for improvements that support consumers while maintaining the integrity and security of the conveyancing process. We therefore welcome the government’s willingness to engage with the challenges that have persisted across the property market for many years.
However, while the direction of travel is encouraging, the success of these reforms will ultimately depend on the detail.
A complex process
Many of the proposals announced so far are high level. The vision is clear, but key questions remain about how the reforms will operate in practice and how they will interact with the many professionals, organisations and public bodies involved in a property transaction. There are important elements that still require industry input, meaning the outcomes remain uncertain.
Until we have greater clarity, it is difficult to assess whether the reforms will be workable, deliverable and capable of achieving their intended objectives.
This is why meaningful consultation with the profession must remain at the heart of the reform programme. Conveyancing is a complex process involving solicitors, lenders, estate agents, surveyors, local authorities, HM Land Registry and others. Effective reform requires a whole system approach and changes made in isolation risk creating unintended consequences elsewhere in the transaction. Conveyancers should not be overlooked.
Change must deliver benefits
The timetable for implementation will be equally important. Reform on this scale cannot and should not happen overnight. We recognise that the government intends to introduce changes on a phased basis and that is the right approach. There must be realistic lead-in periods to allow the market to adapt and sufficient opportunity to test new processes before they are rolled out more widely.
Piloting reforms, gathering evidence and refining proposals based on practical experience will help ensure that changes deliver real benefits for consumers without causing unnecessary disruption. Delivery must be carefully sequenced and not rushed.
One area where reform is particularly needed is the regulation of estate agents. Consumers rightly expect high professional standards from everyone involved in what is often their most significant financial transaction. While solicitors operate within a well-established framework of regulation, there remains a need for more consistent standards across the wider property sector.
Mandatory qualifications, enforceable codes of practice and stronger professional oversight would help improve trust, strengthen consumer protection and support the provision of reliable information at the earliest stages of a transaction. As well as greater consistency across the home moving process would benefit buyers, sellers and professionals alike.
The role of technology
Technology will also play an important role in shaping the future of conveyancing, but security and confidentiality concerns remain. Initiatives such as digital property logbooks, improved data-sharing and greater access to trusted property information have the potential to reduce delays and remove unnecessary duplication. Additionally, better integration of property data tools across the system could significantly improve efficiency and transparency.
But technology alone is not the answer. Digital tools can enhance a process, but they cannot fix fundamental weaknesses within it.
The success of digitalisation depends on the quality and reliability of underlying data, the capability of local authorities and public bodies to share information effectively and the existence of a regulatory framework that supports innovation whilst protecting consumers.
In particular, local government technology, data infrastructure and data trust framework will be critical. If reforms are to rely on digital information being available quickly and reliably, investment must be made to ensure that systems are consistent, accessible and capable of supporting the demands placed upon them.
An opportunity for success
The legal profession should welcome the opportunity to work with government and industry partners to deliver meaningful reform. We support the ambition to create a home buying and selling process that is faster, more transparent and more resilient.
To succeed, reform must be practical, evidence based and developed in partnership with those who understand the realities of the conveyancing process. By getting the detail right, taking a measured approach to implementation and maintaining a focus on consumer outcomes, we have an opportunity to build a system that works better for everyone involved.
About the author
Mark Evans is the 181st president of the Law Society of England and Wales and council member for North Wales. He practised property and private client law for more than 28 years, working in North Wales and Chester. Currently, he teaches various courses on real estate, private client and professional skills at the University of Law. Mark was a member of the Law Society’s Wales Committee for nine years and acted as chair for four of those years.
