Key differences when buying a property in Scotland vs England
Because the home-buying process in Scotland differs significantly from England, it’s important to understand the key legal and surveying differences before you move.
Solicitors vs Conveyancers: how the legal roles differ
When you buy or sell property, you need to appoint a legal professional to complete the transfer of property ownership and manage the conveyancing process.
In England, you would either use a Licensed Conveyancer - a legal professional who specialises in property law and is regulated by the Council for Licensed Conveyancers - or a Solicitor, a qualified legal practitioner who can perform conveyancing duties, as well as advise on other areas of law, and who is regulated by the Solicitors Regulation Authority.
In Scotland, however, conveyancing is almost exclusively carried out by solicitors. While the term 'conveyancer' may be used informally to describe someone involved in property transactions, it is not a commonly used or regulated title in Scotland. This difference is one of the most important changes buyers encounter when moving from England to Scotland.
Solicitors manage the full legal process, including advising on the Home Report, submitting formal offers, and concluding missives. A solicitor is a type of lawyer, regulated by the Law Society of Scotland. Although the term lawyer has often been used more broadly, it is now a legally protected title in Scotland, and can only be used by individuals registered with the Law Society of Scotland or the Faculty of Advocates, ensuring a high standard of professionalism and legal accountability.
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Home Reports: what Scottish buyers receive upfront
In England, a buyer might want to carry out a survey on the property they are hoping to buy. Whilst it is not a legal requirement, it is recommended to have a survey on any property you wish to purchase, but it does come at a cost to the buyer.
Unlike England, where surveys are optional and buyer-funded, in Scotland it is a legal requirement for the seller to pay for a Home Report, which is essentially a pack of information about a property.
A Home Report includes:
Single Survey: This is an assessment of the property’s condition and includes a mortgage valuation.
Energy Report: This is the Scottish equivalent of an Energy Performance Certificate (EPC). It provides information about the energy efficiency of the property and any improvements that could be made.
Property Questionnaire: This is a summary of other relevant information about the property, such as parking agreements, council tax banding and flood risk assessments.
If you find a property in Scotland you like, you can request the Home Report from the seller before you put in an offer.
Government schemes for first-time buyers
First-time buyers moving from England to Scotland should be aware that the schemes available differ significantly between the two countries.
In England, there are a range of first time buyers schemes that first-time buyers can take advantage of, including the Equity Loan scheme and shared ownership.
The current scheme in Scotland is the Low-cost Initiative for First-Time Buyers (LIFT), which is similar to a shared ownership in England.
Buying your first home? Find out more about the first-time buyer schemes available in Scotland.
When to instruct a solicitor in Scotland
In England, you tend to instruct a conveyancer once you have had your offer accepted on the property you wish to buy.
However, when buying a house in Scotland, you will need to instruct your conveyancing solicitor at the same time you start looking for your next home. This is because you will need them to explain the Home Report to you, and to come up with and submit your offer. This is particularly important to remember if you are selling in England at the same time as buying in Scotland. Learn more about how buying a house works in Scotland.
Stamp duty vs LBTT (Scottish stamp duty equivalent)
The Scottish equivalent of Stamp Duty Land Tax is called Land and Buildings Transaction Tax (LBTT), and the LBTT thresholds and bands differ. Visit Revenue Scotland for more information on LBTT rates, or use our LBTT calculator to get an estimate for your purchase.
Common Scottish home-buying terminology
There are few differences in the terminology used when moving home in Scotland compared to England. Understanding these terms helps English buyers navigate the Scottish process with confidence and avoid confusion during negotiations.
Instead of ‘exchange’ you will hear ‘conclusion of missives’, and ‘settlement’ is used instead of ‘completion’. You can read our Scottish conveyancing jargon buster to discover all the terminology used when buying a property in Scotland.