Conveyancers told to brace for faxless world as Ofcom prepares to pull the plug

Ofcom has proposed to change the rules so that telecoms providers will no longer be required to provide fax services under the Universal Service Obligations – and new data suggests the impact on conveyancing firms could be significant.

Earlier this month, Ofcom said that the current telecom rules – which require providers to offer a fax service – were set in 2003 “when fax machines were more prevalent and email and instant messaging were less ubiquitous”.

Ofcom say these changes “could see the fax machine become a thing of the past” – and the impact of such a scenario on a significant number of conveyancing firms cannot be understated.

Indeed, of 217 respondents to a Today’s Conveyancer poll, some 37% – nearly two in five – said they/their firm frequently use fax as a method of communication.

One respondent suggested the tech still has a use for TA13 replies – to which another said “archaic” faxes should “get with the times and should be able to be done digitally”. Others said certain lenders still require Certificates of Title to be sent via fax.

Tom Bailey, Managing Partner at Post Partner, compared the move from fax to modern methods to the move from horse and cart to car – a great invention, but the modern technology is far superior.

“Jokes aside, arriving on the scene in 1964, the fax was undeniably appealing – boasting previously unseen speed, wide legal acceptance, and international reach,” said Bailey, adding:

“Further, the fax opened the door to further innovation in digital communications which have revolutionised the way we work. Sophisticated scanning solutions, digital signatures, online portals etc.”

Bailey did, however, point to the fact that “clearly for 37% of conveyancers, [the fax’s] appeal persists” – something that, as a self-styled “anti-faxxer”, does not concur with his views:

“I believe it is now time for us all to fully embrace those new innovations and to complete the migration to more modern forms of communication.

I know better than most that effecting change is sometimes easier said than done in the legal sector. Busy law firms can be reluctant to spend valuable resource on change management rather than ‘fee-earning’. However, in the long term, these changes will free-up time for fee-earning work.”

Bailey suggested the impact of Ofcom’s recent proposal will “force the hand of many law firms” in the same way Covid brought about the rapid adoption of flexible working. He added:

“In six, nine, or even 12 months from now they will be glad [they switched]. Taking unnecessary paper out of operations will reduce errors, increase compliance, and support flexible ways of working – not to mention the environmental benefits.

The fax: we salute you, but it is time to take your leave.

I’m sure there is one thing we can all agree on: nobody will miss that dialling tone!”

Ofcom’s consultation on removing fax from the universal service obligations on BT and KCOM is inviting responses until 1st December 2022. To have your say, click here.

One Response

  1. As a techie it pains me to read about the use of faxes and I previously posted about this very subject. The comments and responses I received confirmed that conveyancers are forced to use them by lenders, contrary to my belief.

    So, this news comes as a great relief and I’m sure it’s very welcome to the legal sector. The lenders play a huge part in most property transactions so it’s time for them to do their part.

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