The Conveyancing Protocol is a 160 page softback text that sets out the Law Society’s “preferred practice” for conveyancing transactions for freehold and leasehold property.
From the 1st April 2011 the new Conveyancing Protocol has taken effect and will be compulsory for firms seeking to be members of the Conveyancing Quality Scheme (CQS). This is the first revision to the process since 2004 and picks up many challenges that conveyancers now face. Practitioners should think about whether they should buy this book just to refresh themselves on matters such as the rise of fraud and the present thinking and guidance on Patel v Daybells.
The Conveyancing Protocol is available from The Law Society bookshop for £34.95 or can be bought from our book shop site
via Amazon and represents good value for money.
The detailed steps of the Protocol and the new general obligations have been “carefully drafted to assist solicitors” to:-
– Communicate openly with the parties involved in the transaction
– Maintain high standards of conveyancing
– Meet the necessary legal and regulatory requirements
– Agree timescales and reduce delays
– Streamline the conveyancing process
– Create a common approach
The intention of this protocol is stated to “encompass the relationship with others in the process, such as estate agents, surveyors and mortgage brokers” rather than the solicitor to solicitor relationship that previous versions have focused on.
Within the Protocol practitioners will find 12 general obligations and a revision to the Code for Completion by Post together with a new Completion Information and Undertaking form. The Standard Conditions of Sale have also been updated.
We recommend that you should make sure that you and your colleagues are aware of the changes the Protocol brings to conveyancing.