Debbie McCathie, UK head of residential conveyancing at Gilson Gray says the proposed overhaul of the home buying and selling process in England and Wales has reignited debate about whether upfront property information can finally tackle delays and transaction failures. While comparisons with the abandoned Home Information Packs are inevitable, with digitised data, greater consumer acceptance of digital processes and lessons drawn from Scotland’s system, the reforms present an opportunity to create a faster, more transparent conveyancing experience.
The UK government’s proposed reforms to the home buying and selling process in England and Wales aim to reduce delays and cut transaction failures through a combination of upfront information, earlier legal commitment and greater use of digital data tools. Although announced before Andy Burnham became Prime Minister, the roadmap remains the Government’s published programme for reform.
Part of these reforms includes sales packs that have inevitably prompted comparisons with the suspended home information packs (HIPs). However, dismissing them as simply “HIPs revisited” risks overlooking a genuine opportunity for meaningful change.
The failure of HIPs is often cited as the reason further reform is unlikely to succeed. Introduced in 2007, HIPs required sellers to provide key property information before marketing their homes, but their central element – a seller-funded home condition report – was dropped before implementation because of cost and capacity concerns, leaving a bundle of documents that many buyers, lenders and legal professionals viewed as a compliance exercise rather than a genuine improvement.
Today’s environment is different. Property data is increasingly digitised, records can be shared more effectively, and consumers are far more comfortable with digital transactions. A modern digital property pack could be genuinely helpful if it contains verified and reusable information, with the value lying not in another compliance bundle, but in getting the right information to the right people at the right time.
The reality is that the home moving process in England and Wales is seen as one of the most unsatisfying consumer experiences in the UK, characterised by delay and avoidable stress. Buyers often invest significant time, money and emotional commitment before key information becomes available; sellers can encounter issues late that could have been spotted sooner; and conveyancers are frequently instructed only once a sale is agreed.
Reducing those risks sits at the heart of the government’s plans, and the principle is simple: when property data is verified and made available earlier, everyone benefits. Buyers can make more informed decisions, sellers gain greater clarity, estate agents can market more accurately, and conveyancers can resolve issues rather than discover them late.
There is also a clear Scottish influence behind the direction of travel. Scotland has long operated with more information available at the outset of the transaction, including the Home Report, and the concept of earlier legal commitment through missives is often cited as a model for greater certainty.
However, it is important to be realistic. In practice, missives in Scotland often conclude much later than many consumers expect. The Scottish market has, over time, moved closer to the experience in England and Wales, particularly where there are chains, lender requirements, title issues or delays in satisfying contractual conditions.
The lesson is not that England and Wales should replicate Scotland entirely, but that policymakers should identify the elements that work well and adapt them to today’s market.
In Scotland, parties will often agree a proposed date of entry at a very early stage in the transaction, frequently before the legal work, title investigation and contractual negotiations have been completed. While that date does not become legally binding until missives are concluded, the practical reality is that buyers and sellers quickly organise their lives around it. Removal companies are booked, mortgage arrangements are made, notice is given on properties and onward transactions are planned.
As a result, there is a strong commercial and professional imperative on all parties, particularly conveyancers, to work towards achieving the agreed date. That early focus on a target date of entry can help drive momentum and maintain pressure throughout the transaction. Law firms also have greater visibility and control over their caseloads, allowing them to manage capacity and resource more effectively through completion-based KPIs.
By contrast, completion dates in England and Wales are often not discussed meaningfully until legal enquiries are answered and parties are nearing exchange. While this reduces the risk of unrealistic expectations, it also means transactions can progress without a clear deadline, arguably reducing the pressure to maintain momentum and limiting law firms’ ability to forecast completions and manage financial targets.
Turning back to the proposed reforms, conveyancers will face significant change as more work moves to the beginning of the transaction. Sellers may need legal input before a property is marketed, and title issues, leasehold information, estate charges and other key points may need to be reviewed much earlier.
However, moving legal work further upstream has practical implications. Earlier legal involvement means clients will need to engage and instruct solicitors before a property is marketed and, in some cases, before there is any certainty that a transaction will proceed. That raises legitimate questions about cost, consumer appetite and commercial risk.
There is also a distinction between giving consumers meaningful upfront information and requiring full legal due diligence before a property is even marketed.
The profession will need to consider carefully how these services are delivered and funded, as it is unlikely to be sustainable for firms to simply absorb upfront legal work on properties that may never sell. New models are likely to emerge, including fixed-fee seller packs, staged pricing, deferred payment arrangements or closer collaboration between estate agents and conveyancers. Consumers, in turn, will need to accept that earlier legal advice carries a cost – one that may ultimately be offset by a faster, more transparent transaction with less risk of failure.
Alongside upfront information, there have also been suggestions that buyers and sellers should enter into some form of binding agreement much sooner in the process to reduce transaction failure. The objective is understandable, but the practical reality is more complex: residential transactions remain dependent on mortgage approvals, surveys, title investigations and chain progression, so any early agreement would need to be conditional on numerous factors. Current proposals appear to envisage this, but the test will be designing arrangements that provide meaningful commitment without creating false certainty or unnecessary complexity.
The future of home buying and selling will not be found in simply copying the Scottish model or resurrecting HIPs. It lies in combining earlier preparation, better information, clearer timelines and modern technology to create a process that reflects the reality of today’s property market.
The proposed reforms are not a silver bullet, but the direction of travel is encouraging. If implemented thoughtfully, they could help move residential conveyancing away from a reactive process and towards one that is more efficient and consumer-focused.
That would be a better outcome for buyers, sellers and the wider property industry alike.
About the author
Debbie McCathie is UK Head of Residential Conveyancing at Gilson Gray and has more than 20 years’ experience specialising in residential property law. She leads one of the largest residential conveyancing departments in the country, with strong relationships across the housebuilding, mortgage and estate agency sectors.
The views expressed in this article are those of the author and not necessarily those of Today’s Conveyancer.
2 responses
Last month the Scottish Government launched a review of the country’s conveyancing process. The review, much like the UK home buying and selling reform roadmap, seeks to cut delays, reduce and digitalise paperwork and streamline the overall conveyancing process.
Absolutely Rob and as a member of that Working Party I am hopeful that we can achieve a positive outcome for both consumers and those working in the profession.