The Law Society’s Conveyancing Protocol

The following Property practice note provides comprehensive and up to date legal information covering:

  • The Law Society’s Conveyancing Protocol
  • Which transactions does it apply to?
  • The 2019 edition of the Protocol vs the 2011 version
  • General obligations
  • Protocol Framework
  • Standard Conditions of Sale
  • Managing risk

The Law Society’s Conveyancing Protocol

The Law Society’s Conveyancing Protocol (the Protocol) came into force on 1 April 2011, with the 2019 edition replacing the 2011 edition as of 19 August 2019 and is mandatory for members of the Conveyancing Quality Scheme (CQS). The Protocol sets out the Law Society’s preferred practice in residential conveyancing transactions and gives conveyancers a set of principles to improve the conveyancing process — making it more efficient and consistent.

The Law Society has indicated that it is their intention that all solicitors who undertake conveyancing will follow the Protocol. It is compulsory for firms wanting to become CQS accredited and if one party does not agree to adopt it, this does not prevent the use of the Protocol by the other party.

The Protocol sets out a good practice approach and aims to ensure that buyers’ and sellers’ solicitors cooperate together to prevent unnecessary delay.

Which transactions does it apply to?

The Law Society confirms as follows:

‘The protocol is designed for use in freehold and leasehold matters. In most cases it should be clear as to whether a transaction is residential or commercial and one to which the protocol should apply. Examples of residential transactions would include:

  1. standard freehold and leasehold property transactions

  2. probate sales by personal representatives

  3. buy-to-let properties

  4. sales by a company or developer’

'The guidance notes for the Conveyancing Quality Scheme

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